Page:United States Statutes at Large Volume 114 Part 3.djvu/400

 114 STAT. 1654A-358 PUBLIC LAW 106-398—APPENDIX as specified in subsection (a)(4), at the election of the qualified individual— "(I) the Secretary concerned shall collect from the qualified individual, or "(11) the Secretary concerned shall reduce the retired or retainer pay of the qualified individual by, an amount equal to the difference between $2,700 and the total amount of reductions under clause (i), which shall be paid into the Treasury of the United States as miscellaneous receipts. "(B)(i) The Secretary concerned shall provide for an 18-month period, beginning on the date the qualified individual makes an election under paragraph (1), for the qualified individual to pay that Secretary the amount due under subparagraph (A). "(ii) Nothing in clause (i) shall be construed as modifying the period of eligibility for and entitlement to basic education assistance under this chapter applicable under section 3031 of this title. "(C) The provisions of subsection (c) shall apply to individuals making elections under this subsection in the same manner as they applied to individuals making elections under subsection (a)(5). "(4) With respect to qualified individuals referred to in paragraph (3)(A)(ii), no amount of educational assistance allowance under this chapter shall be paid to the qualified individual until the earlier of the date on which— "(A) the Secretary concerned collects the applicable amount under subparagraph (I) of such paragraph, or "(B) the retired or retainer pay of the qualified individual is first reduced under subparagraph (II) of such paragraph. "(5) The Secretary, in conjunction with the Secretary of Defense, shall provide for notice to participants in the educational benefits program under chapter 32 of this title of the opportunity under this section to elect to become entitled to basic educational assistance under this chapter.". (b) CONFORMING AMENDMENT.— Section 3018C(b) of such title is amended by striking "subsection (a)" and inserting "subsection (a) or (e)". SEC. 1602. MODIFICATION OF AUTHORITY TO PAY TUITION FOR OFF- DUTY TRAINING AND EDUCATION. (a) AUTHORITY TO PAY ALL CHARGES. — Section 2007 of title 10, United States Code, is amended— (1) by striking subsections (a) and (b) and inserting the following new subsections: "(a) Subject to subsection (b), the Secretary of a military department may pay all or a portion of the charges of an educational institution for the tuition or expenses of a member of the armed forces enrolled in such educational institution for education or training during the member's off-duty periods. "(b) In the case of a commissioned officer on active duty, the Secretary of the military department concerned may not pay charges under subsection (a) unless the officer agrees to remain on active duty for a period of at least two years after the completion of the training or education for which the charges are paid."; and (2) in subsection (d)— (A) by striking "(within the limits set forth in subsection (a))" in the matter preceding paragraph (1); and

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