§ 301b. — Special pay: aviation career officers extending period of active duty.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC301b]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 301b. Special pay: aviation career officers extending
period of active duty
(a) Bonus Authorized.--An aviation officer described in subsection
(b) who, during the period beginning on January 1, 1989, and ending on
December 31, 2003, executes a written agreement to remain on active duty
in aviation service for at least one year may, upon the acceptance of
the agreement by the Secretary concerned, be paid a retention bonus as
provided in this section.
(b) Covered Officers.--An aviation officer referred to in subsection
(a) is an officer of a uniformed service who--
(1) is entitled to aviation career incentive pay under section
301a of this title;
(2) is in a pay grade below pay grade O-7;
(3) is qualified to perform operational flying duty; and
(4) has completed any active duty service commitment incurred
for undergraduate aviator training or is within one year of
completing such commitment.
(c) Amount of Bonus.--The amount of a retention bonus paid under
this section may not be more than $25,000 for each year covered by the
written agreement to remain on active duty.
(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 25 years of aviation service.
(e) Payment of Bonus.--Upon the acceptance of a written agreement
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).
(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 February 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.
(2) Not later than March 15 of each year, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives copies of
the reports submitted to the Secretary under paragraph (1) with regard
to the preceding fiscal year, together with such comments and
recommendations as the Secretary considers appropriate.
(j) Definitions.--In this section:
(1) The term ``aviation service'' means service performed by an
officer (except a flight surgeon or other medical officer) while
holding an aeronautical rating or designation or while in training
to receive an aeronautical rating or designation.
(2) The term ``operational flying duty'' has the meaning given
such term in section 301a(a)(6)(B) of this title.
(Added Pub. L. 96-342, title VIII, Sec. 806(a)(i), Sept. 8, 1980, 94
Stat. 1095; amended Pub. L. 97-60, title I, Sec. 113, Oct. 14, 1981, 95
Stat. 995; Pub. L. 98-94, title IX, Sec. 904(a), Sept. 24, 1983, 97
Stat. 635; Pub. L. 98-525, title VI, Sec. 622(a), Oct. 19, 1984, 98
Stat. 2540; Pub. L. 99-145, title VI, Sec. 636, Nov. 8, 1985, 99 Stat.
648; Pub. L. 99-661, div. A, title VI, Sec. 631(a), Nov. 14, 1986, 100
Stat. 3883; Pub. L. 100-180, div. A, title VI, Sec. 622(a), Dec. 4,
1987, 101 Stat. 1100; Pub. L. 101-189, div. A, title VI, Sec. 632(a),
Nov. 29, 1989, 103 Stat. 1451; Pub. L. 102-190, div. A, title VI,
Sec. 612(a)(1), Dec. 5, 1991, 105 Stat. 1376; Pub. L. 102-484, div. A,
title VI, Sec. 612(c), title X, Sec. 1054(a)(1), Oct. 23, 1992, 106
Stat. 2421, 2502; Pub. L. 103-160, div. A, title VI, Sec. 613(a), Nov.
30, 1993, 107 Stat. 1681; Pub. L. 103-337, div. A, title VI,
Sec. 613(a), Oct. 5, 1994, 108 Stat. 2783; Pub. L. 104-106, div. A,
title VI, Sec. 613(a), title XV, Sec. 1502(b), Feb. 10, 1996, 110 Stat.
359, 506; Pub. L. 104-201, div. A, title VI, Sec. 613(a), Sept. 23,
1996, 110 Stat. 2544; Pub. L. 105-85, div. A, title VI, Secs. 613(a),
616(a)-(d), Nov. 18, 1997, 111 Stat. 1786, 1787; Pub. L. 105-261, div.
A, title VI, Secs. 613(a), 615(a)(2), (c)(2), Oct. 17, 1998, 112 Stat.
2039-2041; Pub. L. 106-65, div. A, title VI, Secs. 613(a), 615(a)-(f),
title X, Sec. 1067(2), Oct. 5, 1999, 113 Stat. 650, 651, 774; Pub. L.
106-398, Sec. 1 [[div. A], title VI, Sec. 623(a), title X,
Sec. 1087(b)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A-151, 1654A-291;
Pub. L. 107-107, div. A, title VI, Secs. 614(a), 616(a), Dec. 28, 2001,
115 Stat. 1136; Pub. L. 107-314, div. A, title VI, Sec. 614(a), Dec. 2,
2002, 116 Stat. 2568.)
Amendments
2002--Subsec. (a). Pub. L. 107-314 substituted ``December 31, 2003''
for ``December 31, 2002''.
2001--Subsec. (a). Pub. L. 107-107, Sec. 614(a), substituted
``December 31, 2002'' for ``December 31, 2001''.
Subsec. (b)(4). Pub. L. 107-107, Sec. 616(a), inserted ``or is
within one year of completing such commitment'' before period at end.
2000--Subsec. (a). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 623(a)], substituted ``December 31, 2001,'' for ``December 31,
2000,''.
Subsec. (j)(2). Pub. L. 106-398, Sec. 1 [[div. A], title X,
Sec. 1087(b)(1)], substituted ``section 301a(a)(6)(B)'' for ``section
301a(a)(6)(A)''.
1999--Subsec. (a). Pub. L. 106-65, Sec. 613(a), substituted
``December 31, 2000,'' for ``December 31, 1999,''.
Subsec. (b)(2). Pub. L. 106-65, Sec. 615(a)(1), (4), redesignated
par. (3) as (2) and struck out former par. (2) which read as follows:
``is in an aviation specialty designated by the Secretary concerned
(with the approval of the Secretary of Defense in the case of the
Secretary of a military department) as a critical aviation specialty;''.
Subsec. (b)(3). Pub. L. 106-65, Sec. 615(a)(4), redesignated par.
(4) as (3). Former par. (3) redesignated (2).
Pub. L. 106-65, Sec. 615(a)(2), substituted ``grade O-7'' for
``grade O-6''.
Subsec. (b)(4). Pub. L. 106-65, Sec. 615(a)(4), redesignated par.
(6) as (4). Former par. (4) redesignated (3).
Pub. L. 106-65, Sec. 615(a)(3), inserted ``and'' at end.
Subsec. (b)(5). Pub. L. 106-65, Sec. 615(a)(1), struck out par. (5)
which read as follows: ``has completed at least six but less than 13
years of aviation service; and''.
Subsec. (b)(6). Pub. L. 106-65, Sec. 615(a)(4), redesignated par.
(6) as (4).
Subsec. (c). Pub. L. 106-65, Sec. 615(b), substituted ``may not be
more than $25,000 for each year covered by the written agreement to
remain on active duty.'' for ``may not be more than--'' and struck out
pars. (1) and (2) which read as follows:
``(1) $25,000 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) $12,000 for each year covered by the written agreement, if the
officer agrees to remain on active duty for one, two, or three years.''
Subsec. (d). Pub. L. 106-65, Sec. 615(c), substituted ``25 years of
aviation service'' for ``14 years of commissioned service''.
Subsec. (g)(3). Pub. L. 106-65, Sec. 615(f), struck out at end
``This paragraph applies to any case commenced under title 11 after
January 1, 1989.''
Subsec. (i)(1). Pub. L. 106-65, Sec. 615(d), struck out last
sentence which read as follows: ``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); and
``(B) a description of the increase in the retention of
qualified aviators as a result of the program.''
Subsec. (i)(2). Pub. L. 106-65, Sec. 1067(2), substituted ``and the
Committee on Armed Services'' for ``and the Committee on National
Security''.
Subsec. (j)(2) to (4). Pub. L. 106-65, Sec. 615(e), redesignated
par. (4) as (2) and struck out former pars. (2) and (3) which read as
follows:
``(2) The term `aviation specialty' means a specific community of
pilots identified by type of aircraft or weapon system or a specific
community of other designated aeronautical officers so identified.
``(3) The term `critical aviation specialty' means an aviation
specialty in which there exists a shortage of officers on the date of
designation under subsection (b).''
1998--Subsec. (a). Pub. L. 105-261, Sec. 613(a), substituted
``December 31, 1999,'' for ``September 30, 1999,''.
Subsec. (b)(5). Pub. L. 105-261, Sec. 615(c)(2), substituted
``aviation service'' for ``active duty''.
Subsec. (j)(1). Pub. L. 105-261, Sec. 615(a)(2), added par. (1) and
struck out former par. (1) which read as follows: ``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).''
1997--Subsec. (a). Pub. L. 105-85, Sec. 613(a), substituted
``September 30, 1999'' for ``September 30, 1998''.
Subsec. (c)(1). Pub. L. 105-85, Sec. 616(a)(1), substituted
``$25,000'' for ``$12,000''.
Subsec. (c)(2). Pub. L. 105-85, Sec. 616(a)(2), (b), substituted
``$12,000'' for ``$6,000'' and ``one, two, or three years'' for ``one or
two years''.
Subsec. (i)(1). Pub. L. 105-85, Sec. 616(c), inserted ``and'' at end
of subpar. (A), substituted a period for ``; and'' at end of subpar.
(B), and struck out subpar. (C) which read as follows: ``an examination
of the desirability of targeting the retention bonus program toward
officers in a critical aviation specialty rather than on the basis of
experience or other criteria.''
Subsec. (j)(2). Pub. L. 105-85, Sec. 616(d), inserted ``specific''
before ``community'' in two places.
1996--Subsec. (a). Pub. L. 104-201 substituted ``September 30,
1998,'' for ``September 30, 1997''.
Pub. L. 104-106, Sec. 613(a), substituted ``September 30, 1997'' for
``September 30, 1995,''.
Subsec. (i)(2). Pub. L. 104-106, Sec. 1502(b), substituted
``Committee on Armed Services of the Senate and the Committee on
National Security of the House of Representatives'' for ``Committees on
Armed Services of the Senate and House of Representatives''.
1994--Subsec. (a). Pub. L. 103-337 substituted ``September 30,
1995'' for ``September 30, 1994''.
1993--Subsec. (a). Pub. L. 103-160 substituted ``September 30,
1994'' for ``September 30, 1993''.
1992--Subsec. (a). Pub. L. 102-484, Sec. 612(c), substituted
``September 30, 1993'' for ``September 30, 1992''.
Subsecs. (j), (k). Pub. L. 102-484, Sec. 1054(a)(1), redesignated
subsec. (k) as (j) and struck out former subsec. (j) which read as
follows:
``(j) Limitation on Payments for Fiscal Year 1990.--(1) The total
amount of payments made under this section to officers of the Air Force
during fiscal year 1990 may not exceed $78,000,000.
``(2) The total amount of payments made under this section to
officers of the Navy during fiscal year 1990 may not exceed
$30,000,000.''
1991--Subsec. (a). Pub. L. 102-190 substituted ``1992'' for
``1991''.
1989--Pub. L. 101-189 amended section generally, adding provisions
set out in new subsecs. (a), (c), (d), and (h) to (k), revising and
restating as subsecs. (b), (e), (f), and (g), provisions contained in
former subsecs. (a), (b), and (d), and striking out provisions contained
in former subsecs. (c), (e), and (f).
1987--Subsec. (a). Pub. L. 100-180, Sec. 622(a)(1), substituted cl.
(5) and all that follows to end of first sentence for
``(5) executes a written agreement to remain on active duty in
aviation service for at lest one year; and
``(6) is in an aviation specialty designated as critical;
may, upon the acceptance of the written agreement by the Secretary of
Defense or the Secretary of Transportation, as applicable, be paid an
amount not to exceed the product of four months' basic pay (computed at
the rate applicable to the officer at the time the agreement is
executed) and the number of years (or the monthly fractions thereof)
that the officer agrees to remain on active duty under the agreement. An
agreement under this section may not extend beyond the date on which the
officer would complete 19 years of aviation service.''
Subsec. (e). Pub. L. 100-180, Sec. 621(a)(2), amended subsec. (e)
generally, substituting provisions relating to acceptance of agreements
during the period beginning on Oct. 1, 1987, and ending on Sept. 30,
1989, for provisions relating to acceptance of agreements during the
period beginning on Oct. 1, 1983, and ending on Sept. 30, 1987, and
struck out provision setting forth that an officer who receives special
pay pursuant to an agreement under this section is not entitled to
aviation career incentive pay that exceeds the rate for such pay in
effect on Sept. 30, 1981.
Subsec. (f). Pub. L. 100-180, Sec. 622(a)(3), substituted
``September 30, 1989'' for ``September 30, 1987''.
1986--Subsec. (e)(3). Pub. L. 99-661, Sec. 631(a)(1), substituted
``officer has completed less than eight years of active duty'' for
``officer has completed less than seven years of active duty''.
Subsec. (e)(4). Pub. L. 99-661, Sec. 631(a)(2), struck out par. (4)
which read as follows: ``An officer may not receive incentive pay under
section 301 of this title for the performance of hazardous duty for any
period of service which the officer is obligated to serve pursuant to an
agreement entered into under this section.''
1985--Subsecs. (e)(2), (3), (f). Pub. L. 99-145 substituted
``September 30, 1987'' for ``September 30, 1985''.
1984--Subsec. (e)(2). Pub. L. 98-525, Sec. 622(a)(1), substituted
``During the period beginning on October 1, 1984, and ending on
September 30, 1985, only agreements executed by officers of the Navy may
be accepted under this section'' for ``During the period beginning on
October 1, 1983, and ending on September 30, 1984, only agreements
executed by officers of the Navy or Marine Corps who are pilots may be
accepted under this section''.
Subsec. (e)(3). Pub. L. 98-525, Sec. 622(a)(2), substituted
``September 30, 1985'' for ``September 30, 1984'' in provisions
preceding subpar. (A).
Subsec. (f). Pub. L. 98-525, Sec. 622(a)(2), substituted ``September
30, 1985'' for ``September 30, 1984''.
1983--Subsec. (e)(2). Pub. L. 98-94, Sec. 904(a)(1), substituted
``during the period beginning on October 1, 1983, and ending on
September 30, 1984, only agreements executed by officers of the Navy or
Marine Corps who are pilots may be accepted under this section'' for
``during the period beginning on the date of the enactment of the
Uniformed Services Pay Act of 1981 and ending on September 30, 1982,
only agreements executed by officers of the Navy or Marine Corps may be
accepted under this section''.
Subsec. (e)(3), (4). Pub. L. 98-94, Sec. 904(a)(1), added pars. (3)
and (4).
Subsec. (f). Pub. L. 98-94, Sec. 904(a)(2), substituted ``September
30, 1984'' for ``September 30, 1982''.
1981--Subsecs. (e), (f). Pub. L. 97-60 added subsecs. (e) and (f).
Effective Date of 1999 Amendment
Pub. L. 106-65, div. A, title VI, Sec. 615(g), Oct. 5, 1999, 113
Stat. 651, provided that: ``The amendments made by this section
[amending this section] shall take effect on October 1, 1999, and shall
apply with respect to months beginning on or after that date.''
Effective Date of 1997 Amendment
Section 616(e) of Pub. L. 105-85 provided that: ``The amendments
made by this section [amending this section] shall take effect as of
October 1, 1996, and shall apply with respect to agreements accepted
under section 301b of title 37, United States Code, on or after that
date.''
Effective Date of 1987 Amendment
Section 622(b) of Pub. L. 100-180 provided that:
``(1) The amendments made by subsection (a) to subsections (a), (e),
and (f) of section 301b of title 37, United States Code, shall apply to
agreements entered into on or after October 1, 1987, and special pay may
be paid as if such amendments were in effect on such date.
``(2) Such amendments shall not affect an agreement entered into
under such section as in effect on September 30, 1987, and the
provisions of such section as in effect on such day shall continue to
apply with respect to such agreement.''
Effective Date of 1986 Amendment
Section 631(b) of Pub. L. 99-661 provided that: ``The amendments
made by subsection (a) [amending this section] shall apply to payments
made for periods beginning after the date of the enactment of this Act
[Nov. 14, 1986] under agreements entered into under section 301b of
title 37, United States Code.''
Effective Date of 1985 Amendment
Section 636 of Pub. L. 99-145 provided that the amendment made by
that section is effective Oct. 1, 1985.
Effective Date of 1984 Amendment
Section 622(a) of Pub. L. 98-525 provided that the amendment made by
that section is effective Oct. 1, 1984.
Effective Date
Section 806(b) of Pub. L. 96-342 provided that: ``Agreements may not
be entered into under section 301b of title 37, United States Code, as
added by subsection (a), before October 1, 1980.''
Payment of Bonus to Aviation Officers Killed in Persian Gulf War Before
Completion of Service
Pub. L. 102-172, title VIII, Sec. 8135, Nov. 26, 1991, 105 Stat.
1212, as amended by Pub. L. 105-277, div. C, title I, Sec. 148, Oct. 21,
1998, 105 Stat. 2681-610, provided that:
``(a) Notwithstanding any provision of section 301b of title 37,
United States Code, [or] of section 611 of Public Law 100-456 [set out
below] as in effect at any time prior to the date of enactment of this
Act [Nov. 26, 1991], in the case of any officer described in subsection
(b), who was entitled to special pay under an agreement authorized by
one of those sections, who was not paid the full amount due under such
agreement, the unpaid balance shall be paid as part of the settlement of
the officer's final military pay account or as a supplemental payment if
the officer's final military pay account is already settled.
``(b) An officer to whom subsection (a) applies is an aviation
officer who died as a result of flight operations on or after August 2,
1990, in those areas of the Arabian Peninsula, airspace, and adjacent
waters designated by the President in Executive Order 12744 on 21
January 1991 [26 U.S.C. 112 note] as a combat zone (regardless of the
date of the commencement of combatant activities in such zone as
specified in that Executive Order) and prior to cessation of hostilities
as declared by competent authority, before completing the full period of
aviation service agreed to in his or her agreement to remain on active
duty in aviation service under section 301b of title 37, United States
Code, or section 611 of Public Law 100-456 [set out below].''
Agreements Entered Into Under Former Law
Section 632(c) of Pub. L. 101-189 provided that:
``(1) The amendment made by subsection (a) [amending this section]
shall not affect an agreement entered into under section 301b of title
37, United States Code (as in effect on September 30, 1989), and, except
as provided in paragraph (2), the provisions of such section as in
effect on such day shall continue to apply with respect to such
agreement.
``(2) For pay periods beginning after September 30, 1989, an officer
serving under an agreement entered into under section 301b of such title
before October 1, 1987, shall be entitled during the remainder of the
agreement to the monthly rate of aviation career incentive pay specified
in section 301a(b) of such title and corresponding to the officer's
years of aviation service or years of service as an officer.''
Coverage of Period of Lapsed Authority
Section 613(i) of Pub. L. 104-106 provided that:
``(1) In the case of an officer described in section 301b(b) of
title 37, United States Code, who executes an agreement described in
paragraph (2) during the 90-day period beginning on the date of the
enactment of this Act [Feb. 10, 1996], the Secretary concerned may treat
the agreement for purposes of the retention bonus authorized under the
agreement as having been executed and accepted on the first date on
which the officer would have qualified for such an agreement had the
amendment made by subsection (a) [amending this section] taken effect on
October 1, 1995.
``(2) An agreement referred to in this subsection is a service
agreement with the Secretary concerned that is a condition for the
payment of a retention bonus under section 301b of title 37, United
States Code.
``(3) For purposes of this subsection, the term `Secretary
concerned' has the meaning given that term in section 101(5) of title
37, United States Code.''
Section 613(i) of Pub. L. 103-160 provided that:
``(1) In the case of an officer described in paragraph (2) who
executes an agreement described in paragraph (3) during the 90-day
period beginning on the date of the enactment of this Act [Nov. 30,
1993], the Secretary concerned may treat the agreement for purposes of
the retention bonus or special pay authorized under the agreement as
having been executed and accepted on the first date on which the officer
would have qualified for such an agreement had the amendments made by
subsections (a) and (g) [amending this section and provisions set out as
a note under section 302 of this title] taken effect on October 1, 1993.
``(2) An officer referred to in paragraph (1) is an officer
described in section 301b(b) of title 37, United States Code, or in
section 613(a)(2) of the National Defense Authorization Act, Fiscal Year
1989 [Pub. L. 100-456] ([former] 37 U.S.C. 302 note), who, during the
period beginning on October 1, 1993, and ending on the date of the
enactment of this Act, would have qualified for an agreement described
in paragraph (3) had the amendments made by subsections (a) and (g)
taken effect on October 1, 1993.
``(3) An agreement referred to in this subsection is a service
agreement with the Secretary concerned that is a condition for the
payment of a retention bonus under section 301b of title 37, United
States Code, or special pay under section 613 of the National Defense
Authorization Act, Fiscal Year 1989 ([former] 37 U.S.C. 302 note).
``(4) For purposes of this subsection, the term `Secretary
concerned' has the meaning given that term in section 101(5) of title
37, United States Code.''
Section 612(j)(2) of Pub. L. 102-484 provided that:
``(A) In the case of a person described in subparagraph (B) who
executes an agreement described in subparagraph (C) during the 90-day
period beginning on the date of the enactment of this Act [Oct. 23,
1992], the Secretary concerned may treat such agreement for purposes of
the bonus or special pay authorized under such agreement as having been
executed and accepted on the first date on which the person would have
qualified for such an agreement had the amendments made by this section
[amending this section and sections 302d, 302e, 308 to 308e, 308h, and
308i of this title and sections 2130a and 2172 [now 16302] of Title 10,
Armed Forces] taken effect on October 1, 1992.
``(B) A person referred to in subparagraph (A) is a person who,
during the period beginning on October 1, 1992, and ending on the date
of the enactment of this Act, would have qualified for an agreement
described in subparagraph (C) with the Secretary concerned had the
amendments made by this section taken effect on October 1, 1992.
``(C) An agreement referred to in this paragraph is an agreement
with the Secretary concerned for the payment of a bonus or special pay
under section 301b, 302d, 302e, 308, 308a, 308b, 308c, 308e, 308h, or
308i of title 37, United States Code, or section 2130a of title 10,
United States Code.
``(D) For purposes of this paragraph, the term `Secretary concerned'
has the meaning given that term in section 101(5) of title 37, United
States Code.''
Section 612(a)(2) of Pub. L. 102-190 provided that:
``(A) In the case of an officer described in subparagraph (B) who
executes an agreement under section 301b of such title [37 U.S.C. 301b]
during the 90-day period beginning on the date of the enactment of this
Act [Dec. 5, 1991], the Secretary concerned may treat such agreement as
having been executed and accepted for purposes of such section on the
first date on which the officer would have qualified for such an
agreement had the amendment made by paragraph (1) [amending this
section] taken effect on October 1, 1991.
``(B) An officer referred to in subparagraph (A) is an officer who,
during the period beginning on October 1, 1991, and ending on the date
of the enactment of this Act, would have qualified for an agreement
under such section had the amendment made by paragraph (1) taken effect
on October 1, 1991.
``(C) For purposes of this paragraph, the term `Secretary concerned'
has the meaning given that term in section 101(5) of title 37, United
States Code.''
Section 632(d) of Pub. L. 101-189 provided that:
``(1) In the case of an aviation officer described in paragraph (2)
who executes an agreement under section 301b of title 37, United States
Code, during the 90-day period beginning on the date of the enactment of
this Act [Nov. 29, 1989], the Secretary concerned may deem such
agreement to have been executed and accepted for purposes of such
section on the first date on which the officer would have qualified for
such an agreement had the amendment made by subsection (a) [amending
this section] taken effect on October 1, 1989.
``(2) An aviation officer referred to in paragraph (1) is an officer
who, during the period beginning on October 1, 1989, and ending on the
date of the enactment of this Act, would have qualified for an agreement
under such section had the amendment made by subsection (a) taken effect
on October 1, 1989.
``(3) For purposes of this subsection, the term `Secretary
concerned' has the meaning given that term by section 101(5) of title
37, United States Code.''
Aviator Retention Bonus
Pub. L. 100-456, div. A, title VI, Sec. 611, Sept. 29, 1988, 102
Stat. 1977, as amended by Pub. L. 101-189, div. A, title VI,
Sec. 632(b), Nov. 29, 1989, 103 Stat. 1453, provided that a covered
aviation officer who, during the period beginning on Jan. 1, 1989, and
ending on Sept. 30, 1989, executed a written agreement to remain on
active duty in aviation service for at least one year could, upon the
acceptance of the written agreement by the Secretary concerned, be paid
a retention bonus as provided in this section.
Special Pay as Inducement To Remain on Active Duty; Report to Congress
Section 904(b) of Pub. L. 98-94 provided that:
``(1) It is the sense of the Congress that eligibility for special
pay for aviation career officers under section 301b of title 37, United
States Code, should be made available only to officers who will likely
be induced to remain on active duty in aviation service by receipt of
the special pay.
``(2) The Secretary of the Navy shall submit to the Congress not
later than July 1, 1984, a written report, approved by the Secretary of
Defense, on the payment of special pay for aviation career officers
under section 301b of title 37, United States Code, since the date of
the enactment of this Act [Sept. 24. 1983]. Such report shall include--
``(A) a list of the specific aviation specialties by aircraft
type determined to be critical for purposes of the payment of
special pay under such section since the date of the enactment of
this Act;
``(B) the number of officers within each critical aviation
specialty who received the special pay under such section since the
date of the enactment of this Act by grade, years of prior active
service, and amounts of special pay received under such section;
``(C) an explanation and justification for the Secretary's
designation of an aviation specialty as `critical' and for the
payment of special pay under section 301b of such title to officers
who have more than eight years of prior active service and who are
serving in pay grade O-4 or above, if payment of such pay was made
to such officers; and
``(D) an evaluation of the progress made since the date of the
enactment of this Act toward eliminating shortages of aviators in
the aviation specialties designated by the Secretary as critical.''
