MEDICAL OFFICER RETENTION BONUS

SEC. 612. MEDICAL OFFICER RETENTION BONUS (a) Bonus Authorized.—(1) A medical 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 for at least two years after completion of any other active-duty service commitment may, upon acceptance of the written agreement by the Secretary concerned, be paid a retention bonus as provided in this section. (2) The amount of such retention bonus shall be not more than $20,000 for each year covered by the agreement. (b) Covered Officers.—This section applies to an officer of a uniformed service who— (1) is an officer of the Medical Corps of the Army or the Navy or an officer of the Air Force designated as a medical officer; (2) is in a pay grade below pay grade O–7; (3) has at least eight years of creditable service (computed as described in section 302(g) of title 37, United States Code); and (4) has completed any active-duty service commitment incurred for medical education and training (or will have completed any such commitment before October 1, 1991). (c) Limitation on Total Compensation.—The Secretary of Defense shall ensure that no officer receives pay under this section which, when added to all other pay and allowances such officer receives pursuant to titles 10 and 37, United States Code, results in such officer receiving total compensation in an amount that exceeds 102 STAT. 1980the total compensation paid to comparable physicians (considering age, education, experience, certification, training, and other appropriate criteria), as determined by the Secretary, who are civilian physicians employed in the private sector in employment other than self-employment. The Secretary shall target payments under this section to officers in categories in which the most severe shortages exist in the Department of Defense. (d) Administration and Implementation.—The provisions of subsections (a) and (b) of section 303a of title 37, United States Code, shall apply to the administration of this section as if a reference to this section were included in the list of sections referred to in such subsections. (e) 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. (f) Definitions.—In this section, the terms “grade”, “member”, “pay”, “Secretary concerned”, and “uniformed services” have the meanings given thise terms by section 101 of title 37, United States Code. (g) 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 in various categories. (2)(A) Not later than December 1, 1988, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the following: (i) An analysis of current and projected requirements of the Armed Forces for health professionals by speciality and years of service, including a list of requirements for physicians who are assigned to duties other than duties consisting primarily of providing patient care and a justification for those requirements. (ii) The Secretary’s assessment of the adequacy of the existing compensation system for such health care professionals. (iii) Such recommendations for legislation as the Secretary considers necessary to attract and retain on active duty the health care professionals needed to meet the needs of the Armed Forces. (B) The Secretary shall include in his report a draft of legislation which, if enacted, would establish either— (i) a compensation system which provides total compensation that is competitive with the compensation paid comparable health care professionals (considering age, education, experience, certification, training, and other appropriate criteria) who are health care professionals employed in the private sector in employment other than self-employment; or 102 STAT. 1981 (ii) a single military health care professional incentive compensation program (in lieu of special pay provided under chapter 5 of title 37, United States Code) which provides incentive compensation in sufficient amounts to ensure that the total amount of such compensation to which such health care professionals are entitled under the provisions of titles 10 and 37, United States Code, is competitive with the compensation paid comparable health care professionals (considering age, education, experience, certification, training, and other appropriate criteria) who are health care professionals employed in the private sector in employment other than self-employment. (h) Limitation on Obligations.—The total amount of payments made during fiscal year 1989 under this section may not exceed $30,000,000. (i) Termination of Authority.—If both reports required by paragraphs (1) and (2) of subsection (g) 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.