PUBLIC LAW 101-189—NOV. 29, 1989 103 STAT. 1449 "(d) For a member assigned to duty outside the continental United Stat^, transportation under this section may be provided a depend- ent child as described in subsection (a)(3) who is attending a school in Alaska or Hawaii. "(e) The transportation allowance authorized by this section (whether transportation in kind or reimbursement) may not be paid in the case of a member assigned to a permanent duty station in Alaska or Hawaii for a child attending a school in the State of the permanent duty station. "(f) In this section, the term 'continental United States' means the 48 contiguous States and the District of Columbia.". (b) EFFECTIVE DATE. — The amendments made by subsection (a) 37 USC 430 note, shall apply with respect to travel and transportation commenced after the date of the enactment of this Act. PART D—MILITARY AVIATORS SEC. 631. AVIATION CAREER INCENTIVE PAY (a) ENTITLEMENT REQUIREMENTS. — Subsection (a)(4) of section 301a of title 37, United States Code, is amended— (1) by striking out "6 of the first 12, and 11 of the first 18 years of his aviation service." in the first sentence and inserting in lieu thereof "9 of the first 12, and 12 of the first 18 years of the aviation service of the officer."; (2) by striking out "at least 9 but less than 11 of the first 18 years of his aviation service, he" in the second sentence and inserting in lieu thereof "at least 10 but less than 12 of the first 18 years of the aviation service of the officer, the officer"; and (3) by striking out "his officer service" in the second sentence and inserting in lieu thereof "the officer's service as an officer". (b) WAIVER OF ENTITLEMENT REQUIREMENTS BY THE SECRETARY CONCERNED. — Subsection (a)(5) of such section is amended by insert- ing after the first sentence the following new sentence: "For the needs of the service, the Secretary concerned may permit, on a case ' by case basis, an officer to continue to receive continuous monthly incentive pay despite the failure of the officer to perform the prescribed operational flying duty requirements during the pre- scribed periods of time so long as the officer has performed those requirements for not less than 6 years of aviation service.". (c) MONTHLY RATES.— (1) Subsection (b)(1) of such section is amended— (A) by striking out "400" in the portion of the table designated as Phase I and inserting in lieu thereof "650"; and (B) by striking out the portion of the table designated as Phase II and inserting in lieu thereof the following: "Phase II "Years of service as an officer Monthly rate: Over 18 $585 Over 20 495 Over 22 385 Over 25 250". (2) Subsection (b)(2) of such section is amended by striking out "400" in the table and inserting in lieu thereof "650".
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