§ 319. — Special pay: surface warfare officer continuation pay.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC319]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 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 or is within one year of
completing such commitment.
(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.
(Added Pub. L. 106-65, div. A, title VI, Sec. 627(a)(1), Oct. 5, 1999,
113 Stat. 656; amended Pub. L. 107-107, div. A, title VI, Sec. 616(b),
Dec. 28, 2001, 115 Stat. 1137.)
Amendments
2001--Subsec. (a)(3). Pub. L. 107-107 inserted ``or is within one
year of completing such commitment'' before period at end.
Effective Date
Pub. L. 106-65, div. A, title VI, Sec. 627(b), Oct. 5, 1999, 113
Stat. 657, provided that: ``The amendments made by subsection (a)
[enacting this section] shall take effect on October 1, 1999.''
