Page:United States Statutes at Large Volume 118.djvu/1984

 118 STAT. 1954 PUBLIC LAW 108–375—OCT. 28, 2004 in connection with the contingency operation as equivalent to a certification date. In the case of a member whose certification will expire during such a duty assignment, the Secretary shall commence the next one year certification period on the date on which the prior certification period expires. ‘‘(3) A member who is paid special pay or a bonus under the authority of this subsection shall complete the certification required by subsection (c) for the foreign language for which the special pay or bonus was paid not later than the end of the 180 day period beginning on the date on which the member is released from the assignment in connection with the contingency operation. The Secretary concerned may extend that period for a member in accordance with regulations prescribed under subsection (h). ‘‘(4) If a member fails to obtain the required certification under subsection (c) before the end of the period provided under paragraph (3), the Secretary concerned may require the member to repay all or a portion of the bonus in the manner provided in subsection (g). ‘‘(g) REPAYMENT OF BONUS.—(1) The Secretary concerned may require a member who receives a bonus under this section, but who does not satisfy an eligibility requirement specified in para graph (1), (2), (3), or (4) of subsection (a) for the entire certification period, to repay to the United States an amount which bears the same ratio to the total amount of the bonus paid to the member as the unsatisfied portion of the certification period bears to the entire certification period. ‘‘(2) An obligation to repay the United States imposed under paragraph (1) or subsection (f)(4) is for all purposes a debt owed to the United States. A discharge in bankruptcy under title 11 that is entered for the member less than five years after the expiration of the certification period does not discharge the member from a debt arising under this paragraph. This paragraph applies to any case commenced under title 11 after the date of the enact ment of this section. ‘‘(h) REGULATIONS.—This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under the jurisdiction of the Secretary, by the Secretary of Homeland Security for the Coast Guard when the Coast Guard is not operating as a service in the Navy, by the Secretary of Health and Human Services for the Commissioned Corps of the Public Health Service, and by the Secretary of Commerce for the National Oceanic and Atmospheric Administration.’’. (2) The table of sections at the beginning of chapter 5 of such title is amended by striking the item relating to section 316 and inserting the following new item: ‘‘316. Special pay and bonus for members with foreign language proficiency.’’. (b) CONFORMING AMENDMENTS.—(1) Section 316a of title 37, United States Code, is repealed. (2) The table of sections at the beginning of chapter 5 of such title is amended by striking the item relating to section 316a. SEC. 621. ELIGIBILITY OF ENLISTED MEMBERS TO QUALIFY FOR CRIT ICAL SKILLS RETENTION BONUS WHILE SERVING ON INDEFINITE REENLISTMENT. Section 323(a) of title 37, United States Code, is amended— (1) by striking ‘‘or’’ at the end of paragraph (1);

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