Page:United States Statutes at Large Volume 105 Part 2.djvu/431

 PUBLIC LAW 102-190—DEC. 5, 1991 105 STAT. 1383 eligibility for the special pay under that section because of that duty; "(C) except for not meeting the certification requirement in that section, the member was otherwise eligible for that special pay for that active duty; and "(D) the member completes the certification requirement specified in that section before the end of the period established for the member in subsection (c). "(2) The period for which a member may be paid special pay for active duty pursuant to paragraph (1) is the period beginning on the date on which the member was assigned to the duty referred to in subparagraph (A) of that paragraph and ending on the date of the member's certification referred to in subparagraph (D) of that paragraph. "(b) EuGiBLE MEMBER DESCRIBED.— A member of the armed forces referred to in subsection (a) is a member who meets the requirement referred to in section 316(a)(3) of this title. "(c) PERIOD FOR CERTIFICATION. —The period referred to in subparagraph (D) of subsection (a)(1) with respect to a member of the armed forces is the 180-day period beginning on the date on which the member was released from the duty referred to in that subsection. The Secretary concerned may extend that period for a member Regulations. in accordance with regulations prescribed by the Secretary of Defense.". (b) CLERICAL AMENDMENT.— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 316 the following new item: "316a. Waiver of certification requirement.". SEC. 637. TREATMENT OF ACCRUED LEAVE. (a) MEMBERS WHO DIE WHILE ON ACTIVE DUTY.— Subsection (d) of section 501 of title 37, United States Code, is amended— (1) by inserting "(1)" after "(d)"; (2) by striking out "However," in the third sentence and inserting in lieu thereof "Except as provided in paragraph (2),"; and (3) by adding at the end the following new paragraph: "(2) In the case of a member of the uniformed services who dies as a result of an injury or illness incurred while serving on active duty in support of a contingency operation, the limitations in the second sentence of subsection (b)(3), subsection (f), and the second sentence of subsection (g) shall not apply with respect to a payment made under this subsection for leave accrued during the contingency operation.". (b) OTHER MEMBERS. —Subsection (b) of that section is amended by adding at the end the following new paragraph: "(5) The limitation in the second sentence of paragraph (3) and in subsection (f) shall not apply with respect to leave accrued— "(A) by a member of a reserve component while serving on active duty in support of a contingency operation; "(B) by a member of the armed forces in the Retired Reserve while serving on active duty in support of a contingency operation; or "(C) by a retired member of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps or a member of the Fleet Reserve or Fleet Marine Corps Reserve while the member

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