AVIATOR RETENTION BONUS

SEC. 611. AVIATOR RETENTION BONUS (a) Bonus Authorized.—(1) An aviation officer described in subsection (b) who, during the period beginning on January 1, 1989, and ending on September 30, 1989, executes a written agreement to remain on active duty in aviation service for at least one year may, upon the acceptance of the written agreement by the Secretary concerned, be paid a retention bonus as provided in this section. (2) The amount of such bonus shall be not more than— (A) $12,000 for each year covered by the agreement, if the officer agrees to remain on active duty to complete 14 years of commissioned service; or (B) $6,000 for each year covered by the agreement, if the officer agrees to remain on active duty for one or two years. (3) The term of the agreement and the amount of payment may be prorated as long as an agreement under this section does not extend beyond the date on which the officer would complete 14 years of commissioned service. (4) Upon the officer’s acceptance of the agreement, the total amount payable becomes fixed and may be paid in either a lump sum or in installments. (b) Covered Officers.—(1) This section applies to an officer of a uniformed service who— (A) is entitled to aviation career incentive pay under section 301a of title 37, United States Code; (B) is in a pay grade below pay grade O–6; (C) is qualified to perform operational flying duty; (D) has completed at least six but less than 13 years of active duty; 102 STAT. 1978 (E) has 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 (1)(F), 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 301 b of title 37, United States Code, may not be accepted by the Secretary of Defense after December 31, 1988. (f) 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: 102 STAT. 1979 (A) An analysis of aviator requirements and inventories (current and projected) of the Armed Forces by grade and years of service, including a list of those aviators who are assigned to duty other than operational flying duty and a justification for such assignments. (B) An analysis of current and projected aviator retention rates in the Armed Forces and of those current and projected retention rates actually needed to meet the requirements of the Armed Forces. (C) Such recommendations as the Secretary considers appropriate regarding— (i) the initial active duty service commitment of aviators; (ii) the integration of the aviator career incentive pay under section 301a of title 37, United States Code, and the retention bonus under this section into a structure that more efficiently supports the retention requirements for aviators in the Armed Forces; and (iii) changes in the aviator management policies of the Armed Forces that would eliminate the disincentives cited by aviators as retention detractors. (D) Specific proposals for such legislation as the Secretary considers necessary to retain on active duty the aviators required to meet the needs of the Armed Forces. (i) Limitation on Obligations.—The total amount of payments made to officers of the Air Force during fiscal year 1989 under this section may not exceed $36,200,000. (j) Termination of Authority.—If both reports required by paragraphs (1) and (2) of subsection (h) are not received by the committees named in such paragraphs by the respective dates specified in such paragraphs, the authority to make payments under this section shall terminate effective December 2, 1988.