Page:United States Statutes at Large Volume 103 Part 2.djvu/442

 103 STAT. 1452 ' PUBLIC LAW 101-189—NOV. 29, 1989 "(c) AMOUNT OF BONUS.— The amount of a retention bonus paid under this section may not be more than— "(1) $12,000 for each year covered by the written agreement, if the officer agrees to remain on active duty to complete 14 years of commissioned service; or "(2) $6,000 for each year covered by the written agreement, if the officer agrees to remain on active duty for one or two years. "(d) PRORATION.— The term of an agreement under subsection (a) and the amount of the bonus under subsection (c) may be prorated as long as such agreement does not extend beyond the date on which the officer making such agreement would complete 14 years of commissioned service. "(e) PAYMENT OF BONUS.—Upon the acceptance of a written agree- ment under subsection (a) by the Secretary concerned, the total amount payable pursuant to the agreement becomes fixed and may be paid by the Secretary in either a lump sum or installments. "(f) ADDITIONAL PAY.— A retention bonus paid under this section is in addition to any other pay and allowances to which an officer is entitled. "(g) REPAYMENT OF BONUS. — (1) If an officer who has entered into a written agreement under subsection (a) and has received all or part of a retention bonus under this section fails to complete the total period of active duty specified in the agreement, the Secretary concerned may require the officer to repay the United States, on a pro rata basis and to the extent that the Secretary determines conditions and circumstances warrant, all sums paid under this section. "(2) An obligation to repay 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 that is entered less than 5 years after the termination of a written agreement entered into under subsection (a) does not discharge the officer signing the agreement from a debt arising under such agreement or under paragraph (1). This paragraph applies to any case commenced under title 11 after January 1, 1989. "(h) REGULATIONS.— The Secretaries concerned shall prescribe regulations to carry out this section. Regulations prescribed by the Secretary of a military department shall be subject to the approval of the Secretary of Defense. "(i) REPORTS. —(1) Not later than Februan^ 15 of each year, the Secretaries concerned shall submit to the Secretary of Defense a report analyzing the effect of the provision of retention bonuses to aviation officers during the preceding fiscal year on the retention of qualified aviators. Each report shall include— "(A) a comparison of the cost of paying bonuses to officers who enter into an agreement for the period referred to in subsection (c)(1) with the cost of paying bonuses to officers who enter into an agreement for a period referred to in subsection (c)(2); "(B) a description of the increase in the retention of qualified "(C) an examination of the desirability of targeting the reten- tion l>onus program toward officers in a critical aviation spe- cialty rather than on the basis of experience or other criteria. "(2) Not later than March 15 of each year, the Secretary of Defense shall submit to the (Committees on Armed Services of the Senate and House of Representatives copies of the reports submitted to the Secretary under paragraph (1) with regard to the preceding
 * aviators as a result of the program; and

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