Page:United States Statutes at Large Volume 113 Part 1.djvu/637

 PUBLIC LAW 106-65—OCT. 5, 1999 113 STAT. 613 on June 30 of the calendar year in which the member is projected to be eligible for appointment as a commissioned officer in the Marine Corps through the Marine Corps Platoon Leaders Class program, except that if the member has served on active duty, the member may, on such date, be any age under 35 years that exceeds 31 years by a number of months that is not more than the number of months that the member served on active duty. "(3) A written agreement referred to in paragraph (1)(D) is an agreement between the member and the Secretary in which the member agrees— "(A) to accept an appointment as a commissioned officer in the Marine Corps, if tendered by the President; "(B) to serve on active duty for at least five years; and "(C) under such terms and conditions as shall be prescribed by the Secretary, to serve in the Marine Corps Reserve until the eighth anniversary of the date of the appointment. "(c) COVERED EXPENSES. — Expenses for which financial assistance may be provided under this section are— "(1) tuition and fees charged by the institution of higher education involved; "(2) the cost of books; and "(3) in the case of a program of education leading to a baccalaureate degree, laboratory expenses. "(d) AMOUNT.— The amount of financial assistance provided to a member under this section shall be prescribed by the Secretary, but may not exceed $5,200 for any academic year. "(e) LIMITATIONS.—(1) Financial assistance may be provided to a member under this section only for three consecutive academic years. "(2) Not more than 1,200 members may participate in the financial assistance program under this section in any academic year. "(f) FAILURE TO COMPLETE PROGRAM. — (1) A member who receives financial assistance under this section may be ordered to active duty in the Marine Corps by the Secretary to serve in an appropriate enlisted grade for such period as the Secretary prescribes, but not for more than four years, if the member— "(A) completes the military and academic requirements of the Marine Corps Platoon Leaders Class program and refuses to accept an appointment as a commissioned officer in the Marine Corps when offered; "(B) fails to complete the military or academic requirements of the Marine Corps Platoon Leaders Class program; or "(C) is disenroUed from the Marine Corps Platoon Leaders Class program for failure to maintain eligibility for an original appointment as a commissioned officer under section 532 of this title. "(2) The Secretary of the Navy may waive the obligated service under paragraph (1) of a person who is not physically qualified for appointment under section 532 of this title and later is determined by the Secretary of the Navy under section 505 of this title to be unqualified for service as an enlisted member of the Marine Corps due to a physical or medical condition that was not the result of misconduct or grossly negligent conduct. "(g) INSTITUTION OF HIGHER EDUCATION DEFINED.— In this section, the term 'institution of higher education' has the meaning

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