§ 319. Special pay: surface warfare officer continuation pay

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1999

   Pub. L. 106–65 div. A title VI § 627(a)(1) · 113 Stat. 512

   Enacted · 37 U.S.C. § 319

   Added Pub. L. 106–65, div. A, title VI, § 627(a)(1), Oct. 5, 1999, 113 Stat. 656

   Source evidence

   Code source credit
   Added Pub. L. 106–65, div. A, title VI, § 627(a)(1), Oct. 5, 1999, 113 Stat. 656

   Enacted provision · exact public law section
   (1) Chapter 5 of title 37, United States Code, is amended by inserting after section 318, as added by section 626, the following new section: “§ 319. Special pay: surface warfare officer continuation pay “(a) Eligible Surface Warfare Officer Defined.— In this section, the term ‘eligible surface warfare officer’ means an officer of the Regular Navy or Naval Reserve on active duty who— “(1) is qualified and serving as a surface warfare officer; “(2) has been selected for assignment as a department head on a surface vessel; and “(3) has completed any service commitment incurred through the officer’s original commissioning program. “(b) Special Pay Authorized.— An eligible surface warfare officer who executes a written agreement to remain on active duty to complete one or more tours of duty to which the officer may be ordered as a department head on a surface vessel may, upon the acceptance of the agreement by the Secretary of the Navy, be paid an amount not to exceed $50,000. “(c) Proration.— The term of the written agreement under subsection (b) and the amount payable under the agreement may be prorated. “(d) Payment Methods.— Upon acceptance of the written agreement under subsection (b) by the Secretary of the Navy, the total amount payable pursuant to the agreement becomes fixed. The Secretary shall prepare an implementation plan specifying the amount of each installment payment under the agreement and the times for payment of the installments. “(e) Additional Pay.— Any amount paid under this section is in addition to any other pay and allowances to which an officer is entitled. “(f) Repayment.— (1) If an officer who has entered into a written agreement under subsection (b) and has received all or part of the amount payable under the agreement fails to complete the total period of active duty as a department head on a surface vessel specified in the agreement, the Secretary of the Navy may require the officer to repay the United States, to the extent that the Secretary of the Navy determines conditions and circumstances warrant, any or 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 five years after the termination of an agreement entered into under subsection (b) does not discharge the officer signing the agreement from a debt arising under such agreement or under paragraph (1). “(g) Regulations.— The Secretary of the Navy shall prescribe regulations to carry out this section.”.

2. 2001

   National Defense Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 div. A title VI § 616(b) · 115 Stat. 1012

   Inserted · 37 U.S.C. § 319(a)(3)

   Pub. L. 107–107 inserted “or is within one year of completing such commitment” before period at end

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 107–107 inserted “or is within one year of completing such commitment” before period at end.

   Enacted provision · exact public law section
   (b) Surface Warfare Officers.— Section 319(a)(3) of such title is amended by inserting before the period at the end the following: “or is within one year of completing such commitment”.

3. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 § 515(d)(1)(E) · 119 Stat. 3136

   Substituted · 37 U.S.C. § 319(a)

   Pub. L. 109–163, § 515(d)(1)(E), substituted “Navy Reserve” for “Naval Reserve” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 109–163, § 515(d)(1)(E), substituted “Navy Reserve” for “Naval Reserve” in introductory provisions.

   Enacted provision · exact public law section
   (E) Section 319(a).

4. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 § 687(b)(28) · 119 Stat. 3136

   1. Amended · 37 U.S.C. § 319(f)

      Pub. L. 109–163, § 687(b)(28), amended heading and text of subsec. (f) generally

   2. Substituted · 37 U.S.C. § 319(f)

      Pub. L. 109–163, § 687(b)(28), substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to repayment required when officer receives bonus but fails to complete total period of agreed upon active duty as department head on surface vessel

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 109–163, § 687(b)(28), amended heading and text of subsec. (f) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to repayment required when officer receives bonus but fails to complete total period of agreed upon active duty as department head on surface vessel.

   Enacted provision · exact public law section
   (28) Surface warfare officers extending period of active duty.— Subsection (f) of section 319 of such title is amended to read as follows: “(f) Repayment.— An officer who, having entered into a written agreement under subsection (b) and having received all or part of a bonus under this section, does not complete the period of active duty as a department head on a surface vessel as specified in the agreement, shall be subject to the repayment provisions of section 303a(e) of this title.” .

5 of 5 references resolved to an enrolled provision