US (United States) Code. Title 10. Subtitle A: General Military Law. Chapter 107: Educational assistance

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Armed Forces. Training and education. Persons enlisting for active duty

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-CITE-

10 USC CHAPTER 107 - EDUCATIONAL ASSISTANCE FOR PERSONS

ENLISTING FOR ACTIVE DUTY 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 107 - EDUCATIONAL ASSISTANCE FOR PERSONS ENLISTING FOR

ACTIVE DUTY

.

-HEAD-

CHAPTER 107 - EDUCATIONAL ASSISTANCE FOR PERSONS ENLISTING FOR

ACTIVE DUTY

-MISC1-

Sec.

2141. Educational assistance program: establishment.

2142. Educational assistance program: eligibility.

2143. Educational assistance: amount.

2144. Subsistence allowance.

2145. Adjustments of amount of educational assistance and of

subsistence allowance.

2146. Right of member upon subsequent reenlistment to lump-sum

payment in lieu of educational assistance.

2147. Right of member after reenlisting to transfer entitlement to

spouse or dependent children.

2148. Duration of entitlement.

2149. Applications for educational assistance.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 2005 of this title; title

20 section 1087vv; title 38 sections 3033, 3222, 3681, 3695, 3697A.

-CITE-

10 USC Sec. 2141 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 107 - EDUCATIONAL ASSISTANCE FOR PERSONS ENLISTING FOR

ACTIVE DUTY

-HEAD-

Sec. 2141. Educational assistance program: establishment

-STATUTE-

(a) To encourage enlistments and reenlistments for service on

active duty in the armed forces, the Secretary of each military

department may establish a program in accordance with this chapter

to provide educational assistance to persons enlisting or

reenlisting in an armed force under his jurisdiction. The costs of

any such program shall be borne by the Department of Defense, and a

person participating in any such program may not be required to

make any contribution to the program.

(b) The Secretary of Defense shall prescribe regulations for the

administration of this chapter. Such regulations shall take

account of the differences among the several armed forces.

(c) In this chapter, the term ''enlistment'' means original

enlistment or reenlistment.

-SOURCE-

(Added Pub. L. 96-342, title IX, Sec. 901(a), Sept. 8, 1980, 94

Stat. 1111; amended Pub. L. 100-180, div. A, title XII, Sec.

1231(18)(A), Dec. 4, 1987, 101 Stat. 1161; Pub. L. 100-456, div.

A, title XII, Sec. 1233(k)(1), Sept. 29, 1988, 102 Stat. 2058.)

-MISC1-

AMENDMENTS

1988 - Subsec. (c). Pub. L. 100-456 inserted ''the term'' after

''In this chapter,''.

1987 - Pub. L. 100-180, which directed that subsec. (c) be

amended by inserting ''the term'' after ''In this section,'', could

not be executed because that phrase did not appear. See 1988

Amendment note above.

REPAYMENT OF LOANS FOR SERVICE IN THE ARMED FORCES; AUTHORIZATION,

CRITERIA, ETC.

Section 902 of Pub. L. 96-342, as amended by Pub. L. 97-86, title

IV, Sec. 406, Dec. 1, 1981, 95 Stat. 1106; Pub. L. 98-94, title X,

Sec. 1034, Sept. 24, 1983, 97 Stat. 672; Pub. L. 98-525, title VII,

Sec. 709, Oct. 19, 1984, 98 Stat. 2572, provided that the Secretary

of Defense could repay any loan made, insured, or guaranteed under

part B of the Higher Education Act of 1965, or any loan made under

part E of that Act, after Oct. 1, 1975, and further provided for

the administration and criteria for such repayment, prior to repeal

by Pub. L. 99-145, title VI, Sec. 671(a)(3), Nov. 8, 1985, 99 Stat.

663. See section 2171 et seq. of this title.

EDUCATIONAL ASSISTANCE PILOT PROGRAM; PAYMENT OF MONTHLY

CONTRIBUTION BY SECRETARY; MANNER, SCOPE, ETC., OF PAYMENTS

Section 903 of Pub. L. 96-342 provided that:

''(a)(1) As a means of encouraging enlistments and reenlistments

in the Armed Forces, the Secretary of Defense, on behalf of any

person who enlists or reenlists in the Armed Forces after September

30, 1980, and before October 1, 1981, and who elects or has elected

to participate in the Post-Vietnam Era Veterans' Educational

Assistance Program provided for under chapter 32 of title 38,

United States Code, may pay the monthly contribution otherwise

deducted from the military pay of such person. No deduction may be

made under section 1622 (now 3222) of title 38, United States Code,

from the military pay of any person for any month to the extent

that the contribution otherwise required to be made by such person

under such section for such month is paid by the Secretary of

Defense.

''(2) No payment may be made under this section on behalf of any

person for any month before the month in which such person enlisted

or reenlisted in the Armed Forces or for any month before October

1980.

''(b) The amount paid by the Secretary of Defense under this

section on behalf of any person shall be deposited to the credit of

such person in the Post-Vietnam Era Veterans Education Account

established under section 1622(a) (now 3222(a)) of title 38, United

States Code.

''(c)(1) Except as provided in paragraph (2), the provisions of

chapter 32 of title 38, United States Code, shall be applicable to

payments made by the Secretary of Defense under this section.

''(2) Notwithstanding the provisions of section 1631(a)(4) (now

3231(a)(4)) of title 38, United States Code, the Secretary of

Defense, in the case of any person who enlists or reenlists in the

Armed Forces or any officer who is ordered to active duty with the

Armed Forces after September 30, 1980, and before October 1, 1981,

or whose active duty obligation with the Armed Forces is extended

after September 30, 1980, and before October 1, 1981, and who is a

participant in the educational assistance program described in

subsection (a), may make monthly payments out of the Post-Vietnam

Era Veterans Education Account to the spouse or child of such

person to assist such spouse or child in the pursuit of a program

of education. Payments under this subsection may be made to the

spouse or child of a person participating in such educational

assistance program only upon the request of such person and only

for such period of time as may be specified by such person. The

total amount paid under this subsection in the case of any spouse

or child may not exceed the amount credited to such person in the

Post-Vietnam Era Veterans Education Account.

''(d)(1) The authority conferred on the Secretary of Defense

under this section shall be used by the Secretary only for the

purpose of encouraging persons who possess critical military

specialties (as determined by the Secretary of Defense) to enter or

to remain in the Armed Forces.

''(2) Except as otherwise provided in this section, the Secretary

of Defense may offer the benefits of this section to persons

eligible therefor for such period as the Secretary determines

necessary or appropriate to achieve the purpose of this section.

''(f) As used in this section:

''(1) The term 'program of education' shall have the same

meaning as provided in chapter 32 of title 38, United States

Code.

''(2) The term 'child' shall have the same meaning as provided

in section 101(4) of title 38, United States Code.

''(3) The term 'Armed Forces' means the Army, Navy, Air Force,

and Marine Corps.''

AUTHORIZATION OF APPROPRIATIONS; ALLOCATION OF AMOUNTS

Section 904 of Pub. L. 96-342 provided that:

''(a) There is hereby authorized to be appropriated to carry out

chapter 107 of title 10, United States Code (as added by section

901), and sections 902 and 903 (set out above) a total of

$75,000,000.

''(b) The Secretary of Defense shall equitably allocate the

amount appropriated under this section among the educational

assistance program provided for under chapter 107 of title 10,

United States Code (as added by section 901), the repayment as

authorized by section 902 (set out above) of loans made, insured,

or guaranteed under part B of the Higher Education Act of 1965 (20

U.S.C. 1071 et seq.) and of loans made under part E of such Act (20

U.S.C. 1087aa et seq.), and the educational assistance program

provided for under section 903 (set out above).''

REPORTS ON EDUCATIONAL ASSISTANCE PROGRAMS; SUBMISSION, CONTENTS,

ETC.

Section 905 of Pub. L. 96-342 directed Secretary of Defense to

submit to Congress, quarterly for fiscal year 1981, a report on the

implementation and operation of the educational assistance program

provided for under chapter 107 of this title and of the programs

provided for under sections 902 and 903 of Pub. L. 96-342, set out

above, and to also submit, not later than Dec. 31, 1981, a report

on the extent to which the educational assistance program provided

for under chapter 107 of this title, the Post-Vietnam Era Veterans'

Educational Assistance Program provided for under chapter 32 of

title 38, and the program established under section 902 of Pub. L.

96-342 have encouraged persons to enter or remain in the Armed

Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2143 of this title.

-CITE-

10 USC Sec. 2142 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 107 - EDUCATIONAL ASSISTANCE FOR PERSONS ENLISTING FOR

ACTIVE DUTY

-HEAD-

Sec. 2142. Educational assistance program: eligibility

-STATUTE-

(a)(1) A program of educational assistance established under this

chapter shall provide that any person enlisting or reenlisting in

an armed force under the jurisdiction of the Secretary of the

military department concerned who meets the eligibility

requirements established by the Secretary in accordance with

subsection (b) shall, subject to paragraph (3), become entitled to

educational assistance under section 2143 of this title at the time

of such enlistment.

(2) The period of educational assistance to which such a person

becomes entitled is one standard academic year (or the equivalent)

for each year of the enlistment of such person, up to a maximum of

four years. However, if the person is discharged or otherwise

released from active duty after completing two years of the term of

such enlistment but before completing the full term of such

enlistment (or before completing four years of such term, in the

case of an enlistment of more than four years), then the period of

educational assistance to which the person is entitled is one

standard academic year (or the equivalent) for each year of active

service of such person during such term. For the purposes of the

preceding sentence, a portion of a year of active service shall be

rounded to the nearest month and shall be prorated to a standard

academic year.

(3)(A) A member who is discharged or otherwise released from

active duty before completing two years of active service of an

enlistment which is the basis for entitlement to educational

assistance under this chapter or who is discharged or otherwise

released from active duty under other than honorable conditions is

not entitled to educational assistance under this chapter.

(B) Entitlement to educational assistance under this chapter may

not be used until a member has completed two years of active

service of the enlistment which is the basis for entitlement to

such educational assistance.

(b) In establishing requirements for eligibility for an

educational assistance program under this chapter, the Secretary

concerned shall limit eligibility to persons who -

(1) enlist or reenlist for service on active duty as a member

of the Army, Navy, Air Force, or Marine Corps after September 30,

1980, and before October 1, 1981;

(2) are graduates from a secondary school; and

(3) meet such other requirements as the Secretary may consider

appropriate for the purposes of this chapter and the needs of the

armed forces.

-SOURCE-

(Added Pub. L. 96-342, title IX, Sec. 901(a), Sept. 8, 1980, 94

Stat. 1111.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2143, 2147, 2149 of this

title.

-CITE-

10 USC Sec. 2143 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 107 - EDUCATIONAL ASSISTANCE FOR PERSONS ENLISTING FOR

ACTIVE DUTY

-HEAD-

Sec. 2143. Educational assistance: amount

-STATUTE-

(a) Subject to subsection (b), an educational assistance program

established under section 2141 of this title shall provide for

payment by the Secretary concerned of educational expenses incurred

for instruction at an accredited institution by a person entitled

to such assistance under this chapter. Expenses for which payment

may be made under this section include tuition, fees, books,

laboratory fees, and shop fees for consumable materials used as

part of classroom or laboratory instruction. Payments under this

section shall be limited to those educational expenses normally

incurred by students at the institution involved.

(b)(1) The Secretary concerned shall establish the amount of

educational assistance for a standard academic year (or the

equivalent) to which a person becomes entitled under this chapter

at the time of an enlistment described in section 2142 of this

title. Depending on the needs of the service, different amounts

may be established for different categories of persons or

enlistments. The amount of educational assistance to which any

person is entitled shall be adjusted in accordance with section

2145 of this title.

(2) The amount of educational assistance which may be provided to

any person for a standard academic year (or the equivalent) may not

exceed $1,200, adjusted in accordance with section 2145 of this

title.

(c) In this section, the term ''accredited institution'' means a

civilian college or university or a trade, technical, or vocational

school in the United States (including the District of Columbia,

the Commonwealth of Puerto Rico, Guam, and the Virgin Islands) that

provides education at the postsecondary level and that is

accredited by a nationally recognized accrediting agency or

association or by an accrediting agency or association recognized

by the Secretary of Education.

-SOURCE-

(Added Pub. L. 96-342, title IX, Sec. 901(a), Sept. 8, 1980, 94

Stat. 1112; amended Pub. L. 100-180, div. A, title XII, Sec.

1231(18)(A), Dec. 4, 1987, 101 Stat. 1161.)

-MISC1-

AMENDMENTS

1987 - Subsec. (c). Pub. L. 100-180 inserted ''the term'' after

''In this section,''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2142, 2145, 2146 of this

title.

-CITE-

10 USC Sec. 2144 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 107 - EDUCATIONAL ASSISTANCE FOR PERSONS ENLISTING FOR

ACTIVE DUTY

-HEAD-

Sec. 2144. Subsistence allowance

-STATUTE-

(a) Subject to subsection (b), a person entitled to educational

assistance under this chapter is entitled to receive a monthly

subsistence allowance during any period for which educational

assistance is provided such person. The amount of a subsistence

allowance under this section is $300 per month, adjusted in

accordance with section 2145 of this title, in the case of a person

pursuing a course of instruction on a full-time basis and is

one-half of such amount (as so adjusted) in the case of a person

pursuing a course of instruction on less than a full-time basis.

(b) The number of months for which a subsistence allowance may be

provided to any person under this section is computed on the basis

of nine months for each standard academic year of educational

assistance to which such person is entitled.

(c) For purposes of subsection (a), a person shall be considered

to be pursuing a course of instruction on a full-time basis if the

person is enrolled in twelve or more semester hours of instruction

(or the equivalent, as determined by Secretary concerned).

-SOURCE-

(Added Pub. L. 96-342, title IX, Sec. 901(a), Sept. 8, 1980, 94

Stat. 1112.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2145, 2146, 2147 of this

title.

-CITE-

10 USC Sec. 2145 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 107 - EDUCATIONAL ASSISTANCE FOR PERSONS ENLISTING FOR

ACTIVE DUTY

-HEAD-

Sec. 2145. Adjustments of amount of educational assistance and of

subsistence allowance

-STATUTE-

(a) Once each year, the Secretary of Defense shall adjust the

amount of educational assistance which may be provided to any

person in any standard academic year under section 2143 of this

title, and the amount of the subsistence allowance authorized under

section 2144 of this title for pursuit of a course of instruction

on a full-time basis, in a manner consistent with the change over

the preceding twelve-month period in the average actual cost of

attendance at public institutions of higher education.

(b) In this section, the term ''actual cost of attendance'' has

the meaning given the term ''cost of attendance'' by section 472 of

the Higher Education Act of 1965 (20 U.S.C. 1087ll).

-SOURCE-

(Added Pub. L. 96-342, title IX, Sec. 901(a), Sept. 8, 1980, 94

Stat. 1113; amended Pub. L. 100-180, div. A, title XII, Sec.

1231(18)(A), Dec. 4, 1987, 101 Stat. 1161; Pub. L. 103-35, title

II, Sec. 201(c)(2), May 31, 1993, 107 Stat. 98.)

-MISC1-

AMENDMENTS

1993 - Subsec. (b). Pub. L. 103-35 substituted ''has the meaning

given the term 'cost of attendance' by section 472 of the Higher

Education Act of 1965 (20 U.S.C. 1087ll)'' for ''means the actual

cost of attendance as determined by the Secretary of Education

pursuant to section 411(a)(2)(B)(iv) of the Higher Education Act of

1965 (20 U.S.C. 1070a(a)(2)(B)(iv))''.

1987 - Subsec. (b). Pub. L. 100-180 inserted ''the term'' after

''In this section,''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2143, 2144 of this title.

-CITE-

10 USC Sec. 2146 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 107 - EDUCATIONAL ASSISTANCE FOR PERSONS ENLISTING FOR

ACTIVE DUTY

-HEAD-

Sec. 2146. Right of member upon subsequent reenlistment to lump-sum

payment in lieu of educational assistance

-STATUTE-

(a) A member who is entitled to educational assistance under this

chapter and who reenlists at the end of the enlistment which

established such entitlement may, at the time of such reenlistment,

elect to receive a lump-sum payment computed under subsection (b)

in lieu of receiving such educational assistance. An election to

receive such a lump-sum payment is irrevocable.

(b) The amount of a lump-sum payment under subsection (a) is 60

percent of the sum of -

(1) the product of (A) the rate for educational assistance

under section 2143(b) of this title applicable to such member

which is in effect at the time of such reenlistment, and (B) the

number of standard academic years of entitlement of such member

to such assistance; and

(2) the product of (A) the rate for the subsistence allowance

authorized under section 2144 of this title for pursuit of a

course of instruction on a full-time basis at the time of such

reenlistment, and (B) the number of months of entitlement of such

member to such allowance.

-SOURCE-

(Added Pub. L. 96-342, title IX, Sec. 901(a), Sept. 8, 1980, 94

Stat. 1113.)

-CITE-

10 USC Sec. 2147 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 107 - EDUCATIONAL ASSISTANCE FOR PERSONS ENLISTING FOR

ACTIVE DUTY

-HEAD-

Sec. 2147. Right of member after reenlisting to transfer

entitlement to spouse or dependent children

-STATUTE-

(a)(1)(A) A person who is entitled to educational assistance

under section 2142 of this title and who reenlisted in an armed

force at any time after the end of the enlistment which established

such entitlement may at any time after such reenlistment elect to

transfer all or any part of such entitlement to the spouse or

dependent child of such person.

(B) The Secretary of the Navy may authorize a member of the Navy

or Marine Corps who is entitled to educational assistance under

section 2142 of this title and whose enlistment that established

such entitlement was the member's second reenlistment as a member

of the armed forces to transfer all or part of such entitlement to

the spouse or dependent child of such member after the completion

of four years of active service of that second reenlistment if that

reenlistment was for a period of at least six years.

(C) A transfer under this paragraph may be revoked at any time by

the person making the transfer.

(2) If a person described in paragraph (1) dies before making an

election authorized by such paragraph but has never made an

election not to transfer such entitlement, any unused entitlement

of such person shall be automatically transferred to such person's

surviving spouse or (if there is no eligible surviving spouse) to

such person's dependent children. A surviving spouse to whom

entitlement to educational assistance is transferred under this

paragraph may elect to transfer such entitlement to the dependent

children of the person whose service established such entitlement.

(3) Any transfer of entitlement under this subsection shall be

made in accordance with regulations prescribed by the Secretary of

the military department concerned.

(b) A spouse or surviving spouse or a dependent child to whom

entitlement is transferred under subsection (a) is entitled to

educational assistance under this chapter in the same manner and at

the same rate as the person from whom the entitlement was

transferred.

(c) The total amount of educational assistance available to a

person entitled to educational assistance under section 2142 of

this title and to the person's spouse, surviving spouse, and

dependent children is the amount of educational assistance to which

the person is entitled. If more than one person is being provided

educational assistance for the same period by virtue of the

entitlement of the same person, the subsistence allowance

authorized by section 2144 of this title shall be divided in such

manner as the person may specify or (if the person fails to

specify) as the Secretary concerned may prescribe.

(d) In this section:

(1) The term ''dependent child'' has the meaning given the term

''dependent'' in section 1072(2)(D) of this title.

(2) The term ''surviving spouse'' means a widow or widower who

is not remarried.

-SOURCE-

(Added Pub. L. 96-342, title IX, Sec. 901(a), Sept. 8, 1980, 94

Stat. 1113; amended Pub. L. 97-22, Sec. 10(b)(3), July 10, 1981, 95

Stat. 137; Pub. L. 99-145, title VI, Sec. 673, Nov. 8, 1985, 99

Stat. 664; Pub. L. 100-180, div. A, title XII, Sec. 1231(17), Dec.

4, 1987, 101 Stat. 1161.)

-MISC1-

AMENDMENTS

1987 - Subsec. (d)(1), (2). Pub. L. 100-180 inserted ''The term''

after each par. designation and revised first word in quotes in

each par. to make initial letter of such word lowercase.

1985 - Subsec. (a)(1). Pub. L. 99-145 designated existing first

sentence as subpar. (A), added subpar. (B), and incorporated

existing second sentence as subpar. (C).

1981 - Subsec. (d)(1). Pub. L. 97-22 substituted ''section

1072(2)(D) of this title'' for ''section 1072(2)(E) of this

title''.

EFFECTIVE DATE OF 1981 AMENDMENT

Section 10(b) of Pub. L. 97-22 provided that the amendment made

by that section is effective Sept. 15, 1981.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2149 of this title.

-CITE-

10 USC Sec. 2148 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 107 - EDUCATIONAL ASSISTANCE FOR PERSONS ENLISTING FOR

ACTIVE DUTY

-HEAD-

Sec. 2148. Duration of entitlement

-STATUTE-

The entitlement of any person to educational assistance under

this chapter expires at the end of the ten-year period beginning on

the date of the retirement or discharge or other separation from

active duty of the person upon whose service such entitlement is

based. In the case of a member entitled to educational assistance

under this chapter who dies while on active duty and whose

entitlement is transferred to a spouse or dependent child, such

entitlement expires at the end of the ten-year period beginning on

the date of such member's death.

-SOURCE-

(Added Pub. L. 96-342, title IX, Sec. 901(a), Sept. 8, 1980, 94

Stat. 1114.)

-CITE-

10 USC Sec. 2149 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 107 - EDUCATIONAL ASSISTANCE FOR PERSONS ENLISTING FOR

ACTIVE DUTY

-HEAD-

Sec. 2149. Applications for educational assistance

-STATUTE-

To receive educational assistance benefits under this chapter, a

person entitled to such assistance under section 2142 or 2147 of

this title shall submit an application for such assistance to the

Secretary concerned in such form and manner as the Secretary

concerned may prescribe.

-SOURCE-

(Added Pub. L. 96-342, title IX, Sec. 901(a), Sept. 8, 1980, 94

Stat. 1114.)

-CITE-