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2026-07-06 10:51:44 -04:00

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LegalText 37 U.S.C. § 319 Special pay: surface warfare officer continuation pay us united_states_code code_section 37 PAY AND ALLOWANCES OF THE UNIFORMED SERVICES 5 SPECIAL AND INCENTIVE PAYS 319 37 U.S.C. § 319 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc37@119-100.zip /us/usc/t37/s319 data/legal/raw/us/code/title-37/usc37.xml 6389043f218d8bb4a589bb89f08d705be4e3e6326db65c814eec3492a7345cca e0a35eb7ef12b7ff3b62c2d230c815f864ad090f207afa5aca869467bb414b1c afb0d1530ca385f88ce8a648206dbbbf22365d1e993480a30375bbbc7fda04b9 2026-07-04 official
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37 U.S.C. § 319 - Special pay: surface warfare officer continuation pay

Text

(a) Eligible Surface Warfare Officer Defined.— In this section, the term “eligible surface warfare officer” means an officer of the Regular Navy or Navy 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 officers 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.— 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.

(g) Regulations.— The Secretary of the Navy shall prescribe regulations to carry out this section.

(Added Pub. L. 10665, div. A, title VI, § 627(a)(1), Oct. 5, 1999, 113 Stat. 656; amended Pub. L. 107107, div. A, title VI, § 616(b), Dec. 28, 2001, 115 Stat. 1137; Pub. L. 109163, div. A, title V, § 515(d)(1)(E), title VI, § 687(b)(28), Jan. 6, 2006, 119 Stat. 3236, 3332.)

Notes

Editorial Notes

Amendments2006—Subsec. (a). Pub. L. 109163, § 515(d)(1)(E), substituted “Navy Reserve” for “Naval Reserve” in introductory provisions. Subsec. (f). Pub. L. 109163, § 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. 2001—Subsec. (a)(3). Pub. L. 107107 inserted “or is within one year of completing such commitment” before period at end.

Statutory Notes and Related Subsidiaries

Effective DatePub. L. 10665, div. A, title VI, § 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.”

Savings ProvisionFor savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109163, see section 687(f) of Pub. L. 109163, set out as a note under section 510 of Title 10, Armed Forces.