118 STAT. 1912 PUBLIC LAW 108–375—OCT. 28, 2004 ‘‘(C) Any funds made available for the Department of Home land Security. ‘‘(D) Any funds made available for the National Nuclear Security Administration of the Department of Energy. ‘‘(E) Any funds made available for the Department of Transportation. ‘‘(F) Any funds made available for the Central Intelligence Agency.’’; and (B) by striking paragraph (2). (2)(A) Subsection (b) of such section is amended by striking ‘‘subsection (d)(2)’’ and inserting ‘‘subsection (d)(1)’’. (B) Subsection (e) of such section is amended by inserting ‘‘, to the head of each other department and agency the funds of which are subject to the determination,’’ after ‘‘Secretary of Education’’. (c) CODIFICATION AND EXTENSION OF EXCLUSION OF AMOUNTS TO COVER INDIVIDUAL PAYMENTS.—Subsection (d) of such section, as amended by subsection (b)(1), is further amended— (1) by striking ‘‘The’’ after ‘‘(1)’’ and inserting ‘‘Except as provided in paragraph (2), the’’; and (2) by adding at the end the following new paragraph: ‘‘(2) Any Federal funding specified in paragraph (1) that is provided to an institution of higher education, or to an individual, to be available solely for student financial assistance, related administrative costs, or costs associated with attendance, may be used for the purpose for which the funding is provided.’’. (d) CONFORMING AMENDMENTS.—Subsections (a) and (b) of such section are amended by striking ‘‘(including a grant of funds to be available for student aid)’’. (e) CONFORMING REPEAL OF CODIFIED PROVISION.—Section 8120 of the Department of Defense Appropriations Act, 2000 (Public Law 106–79; 10 U.S.C. 983 note), is repealed. (f) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to funds appropriated for fiscal year 2005 and thereafter. SEC. 553. TUITION ASSISTANCE FOR OFFICERS. (a) AUTHORITY TO REDUCE OR WAIVE ACTIVE DUTY SERVICE OBLIGATION.—Subsection (b) of section 2007 of title 10, United States Code, is amended— (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; (2) by inserting ‘‘or full time National Guard duty’’ after ‘‘active duty’’ each place it appears; and (2) by adding at the end the following new paragraph: ‘‘(2) Notwithstanding paragraph (1), the Secretary of the mili tary department may reduce or waive the active duty service obligation— ‘‘(A) in the case of a commissioned officer who is subject to mandatory separation; ‘‘(B) in the case of a commissioned officer who has com pleted the period of active duty service in support of a contin gency operation; or ‘‘(C) in other exigent circumstances as determined by the Secretary.’’. (b) INCREASE IN TUITION ASSISTANCE AUTHORIZED FOR ARMY OFFICERS IN THE SELECTED RESERVE.—Paragraph (1) of section 10 USC 983 note.
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