§ 3018B.
(a)
Notwithstanding any other provision of law—
(1)
the Secretary of Defense shall, subject to the availability of appropriations, allow an individual who—
(A)
is separated from the active military, naval, air, or space service with an honorable discharge and receives voluntary separation incentives under section 1174a or 1175 of title 10;
(B)
before applying for benefits under this section, has completed the requirements of a secondary school diploma (or equivalency certificate) or has successfully completed (or otherwise received academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree;
(C)
in the case of any individual who has made an election under section 3011(c)(1) or 3012(d)(1) of this title, withdraws such election before such separation pursuant to procedures which the Secretary of each military department shall provide in accordance with regulations prescribed by the Secretary of Defense for the purpose of carrying out this section or which the Secretary of Homeland Security shall provide for such purpose with respect to the Coast Guard when it is not operating as service in the Navy;
(D)
in the case of any person enrolled in the educational benefits program provided by chapter 32 of this title makes an irrevocable election, pursuant to procedures referred to in subparagraph (C) of this paragraph, before such separation to receive benefits under this section in lieu of benefits under such chapter 32; and
(E)
before such separation elects to receive assistance under this section pursuant to procedures referred to in subparagraph (C) of this paragraph; or
(2)
the Secretary, in consultation with the Secretary of Defense, shall, subject to the availability of appropriations, allow an individual who—
(A)
separated before October 23, 1992, from the active military, naval, air, or space service with an honorable discharge and received or is receiving voluntary separation incentives under section 1174a or 1175 of title 10;
(B)
before applying for benefits under this section, has completed the requirements of a secondary school diploma (or equivalency certificate) or has successfully completed (or otherwise received academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree;
(C)
in the case of any individual who has made an election under section 3011(c)(1) or 3012(d)(1) of this title, withdraws such election before making an election under this paragraph pursuant to procedures which the Secretary shall provide, in consultation with the Secretary of Defense and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as service in the Navy, which shall be similar to the regulations prescribed under paragraph (1)(C) of this subsection;
(D)
in the case of any person enrolled in the educational benefits program provided by chapter 32 of this title makes an irrevocable election, pursuant to procedures referred to in subparagraph (C) of this paragraph, before making an election under this paragraph to receive benefits under this section in lieu of benefits under such chapter 32; and
(E)
before October 23, 1993, elects to receive assistance under this section pursuant to procedures referred to in subparagraph (C) of this paragraph,
to elect to become entitled to basic education assistance under this chapter.
(b)
(1)
The basic pay or voluntary separation incentives of an individual who makes an election under subsection (a)(1) to become entitled to basic education assistance under this chapter shall be reduced by $1,200.
(2)
The Secretary shall collect $1,200 from an individual who makes an election under subsection (a)(2) to become entitled to basic education assistance under this chapter, which shall be paid into the Treasury of the United States as miscellaneous receipts.
(Added [Pub. L. 102–484, div. D, title XLIV, § 4404(a)], Oct. 23, 1992, [106 Stat. 2704]; amended [Pub. L. 103–446, title XII, § 1201(d)(5)], (e)(11), (f)(3), Nov. 2, 1994, [108 Stat. 4684], 4685, 4687; [Pub. L. 105–368, title II, § 203(a)], title X, § 1005(b)(6), Nov. 11, 1998, [112 Stat. 3326], 3365; [Pub. L. 107–296, title XVII, § 1704(d)], Nov. 25, 2002, [116 Stat. 2315]; [Pub. L. 116–283, div. A, title IX, § 926(a)(40)], Jan. 1, 2021, [134 Stat. 3830].)