115 STAT. 1156 PUBLIC LAW 107-107—DEC. 28, 2001 "(3) Paragraph (2) shall not apply in the case of an individual who fails to complete service agreed to by the individual— "(A) by reason of the death of the individual; or "(B) for a reason referred to in section 3011(a)(l)(A)(ii)(I) of this title. "0) APPROVALS OF TRANSFER SUBJECT TO AVAILABILITY OF APPROPRIATIONS.— The Secretary concerned may approve transfers of entitlement to basic educational assistance under this section in a fiscal year only to the extent that appropriations for military personnel are available in that fiscal year for purposes of making deposits in the Department of Defense Education Benefits Fund under section 2006 of title 10 in that fiscal year to cover the present value of future benefits payable from the Fund for the Department of Defense portion of payments of basic educational assistance attributable to increased usage of benefits as a result of such transfers of entitlement in that fiscal year. "(k) REGULATIONS.— The Secretary of Defense shall prescribe regulations for purposes of this section. Such regulations shall specify the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (f)(2) and shall specify the manner of the applicability of the administrative provisions referred to in subsection (h)(5) to a dependent to whom entitlement is transferred under this section. Deadline. "(1) ANNUAL REPORT.— (1) Not later than January 31 each year (beginning in 2003), the Secretary of Defense shall submit to the Committees on Armed Services and the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the transfers of entitlement to basic educational assistance under this section that were approved by each Secretary concerned during the preceding fiscal year. "(2) Each report shall set forth— "(A) the number of transfers of entitlement under this section that were approved by such Secretary during the preceding fiscal year; or "(B) if no transfers of entitlement under this section were approved by such Secretary during that fiscal year, a justification for such Secretary's decision not to approve any such transfers of entitlement during that fiscal year, "(m) SECRETARY CONCERNED DEFINED. —Notwithstanding section 101(25) of this title, in this section, the term 'Secretary concerned' means— "(1) the Secretary of the Army with respect to matters concerning the Army; "(2) the Secretary of the Navy with respect to matters concerning the Navy or the Marine Corps; "(3) the Secretary of the Air Force with respect to matters concerning the Air Force; and "(4) the Secretary of Defense with respect to matters concerning the Coast Guard, or the Secretary of Transportation when it is not operating as a service in the Navy.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3019 the following new item: "3020. Transfer of entitlement to basic educational assistance: members of the Armed Forces with critical military skills.".
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