Page:United States Statutes at Large Volume 95.djvu/1024

 95 STAT. 998

PUBLIC LAW 97-60—OCT. 14, 1981 BONUS FOR ENGINEERING OR SCIENTIFIC SKILLS DESIGNATED AS CRITICAL

SEC. 120. (a) Chapter 5 of title 37, United States Code, is amended by adding at the end thereof the following new section: 37 USC 315. "Engineering or scientific duty."

Refund to U.S.

Weuver.

Discharge in bankruptcy. 11 USC 101.

"§315. Special pay: engineering and scientific career continuation pay "(a) In this section, the term 'engineering or scientific duty' means service performed by an officer that requires an engineering or science degree and that requires a skill designated under regulations prescribed by the Secretai^ of Defense as critical and as a skill in which there is a critical shortage of officers in the armed force concerned. "(b) Under regulations prescribed by the Secretary of Defense, an officer of an armed force who— "(1) is entitled to basic pay; "(2) is below the pay grade of 0-7; "(8) holds a degree in engineering or science from an accredited college or university; "(4) has been certified by the Secretary concerned as having the technical qualifications for detail to engineering or scientific duty; "(5) has completed at least three but less than nineteen years of engineering or scientific duty as an officer; and "(6) executes a written agreement to remeiin on active duty for detail to engineering or scientific duty for at least one year, but not more than four years; may, upon acceptance of the written agreement by the Secretary concerned, be paid, in addition to all other compensation to which the officer is entitled, an amount not to exceed $3,000 multiplied by the number of years, or monthly fraction thereof, of obligated service to which the officer agrees under the agreement. The total amount payable may be paid in a lump sum or in equal periodic installments, as determined by the Secretary concerned. "(c)(1) An officer who does not serve on active duty for the entire period for which he has been paid under subsection OJ) of this section shall refund that percentage of the payment that the unserved part of the period is of the total period for which the payment was made. Nothing in this subsection shall alter or modify the obligation of a regular officer to perform active service at the pleasure of the President. Completion by a regular officer of the total period of obligated service specified in an agreement under subsection (b) of this section does not obligate the President to accept a resignation submitted by that officer. "(2) Subject to paragraph (3) of this subsection, an obligation to reimburse the United States imposed under paragraph (1) of this subsection is for all purposes a debt owed to the United States. "(3) The Secretary concerned may waive, in whole or in part, a refund required under paragraph (1) of this subsection if the Secretary concerned determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States. "(4) A discharge in bankruptcy under title 11 that is entered less than five 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) of this

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