Page:United States Statutes at Large Volume 102 Part 2.djvu/974

 102 STAT. 1978

Contracts.

Effective date.

PUBLIC LAW 100-456—SEPT. 29, 1988

(E) hgis completed any active duty service commitment incurred for undergraduate aviator training; and (F) is in an aviation specialty designated by the Secretary concerned, and approved by the Secretary of Defense or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, as critical. (2) For purposes of paragraph (IXF), an aviation specialty shall be considered subject to designation as critical when there exists a current shortage of officers in that specialty. (c) ADDITIONAL PAY.—A retention bonus under this section is in addition to any other pay and allowances to which an officer is entitled. (d) REFUNDS.—(1) Refunds shall be required, on a pro rata basis, of sums paid under this section if the officer who has received the payment fails to complete the total period of active duty specified in the agreement, as conditions and circumstances warrant. (2) An obligation to reimburse the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. (3) A discharge in bankruptcy under title 11, United States Code, that is entered less than 5 years after the termination of an agreement under this section does not discharge the member signing such agreement from a debt arising under such agreement or under paragraph (1). This paragraph applies to any case commenced under title 11, United States Code, after January 1, 1989. (e) CERTAIN PAY AGREEMENTS PROHIBITED.—An agreement

for

special pay under section 301b of title 37, United States Code, may not be accepted by the Secretary of Defense after December 31, 1988. (0 REGULATIONS.—This section shall be administered under regulations prescribed by the Secretaries concerned and approved by the Secretary of Defense or the Secretary of Transportation, as appropriate. (g) DEFINITIONS.—In this section: (1) The term "aviation service" means the service performed by an officer holding an aeronautical rating or designation (except a flight surgeon or other medical officer). (2) The term "aviation specialty" means a community of pilots or other designated aeronautical officers identified by type of aircraft or weapon system. (3) The term "operational flying duty" has the meaning given such term by clause (6) of section 301a(a) of title 37, United States Code. (4) The terms "grade", "member", "pay", "Secretary concerned", and "uniformed services" have the meanings given those terms by section 101 of title 37, United States Code. (h) REPORTS.—(1) Not later than November 15, 1988, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing the manner in which the authority provided in this section is to be used. The report shall include a description of the relative level of payments between officers with various amounts of aviation service by aviation specialty. (2) Not later than December 1, 1988, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a comprehensive report on the retention of aviators in the Armed Forces. The report shall include, at a minimum, the following:

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