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10 USC CHAPTER 1611 - OTHER EDUCATIONAL ASSISTANCE

PROGRAMS 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART IV - TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL

ASSISTANCE PROGRAMS

CHAPTER 1611 - OTHER EDUCATIONAL ASSISTANCE PROGRAMS

.

-HEAD-

CHAPTER 1611 - OTHER EDUCATIONAL ASSISTANCE PROGRAMS

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Sec.

16401. Marine Corps Platoon Leaders Class: college tuition

assistance program.

AMENDMENTS

2000 - Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 533(g)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-112, substituted ''Class:

college tuition assistance program'' for ''Class program: officer

candidates pursuing degrees'' in item 16401.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 38 section 3695.

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10 USC Sec. 16401 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART IV - TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL

ASSISTANCE PROGRAMS

CHAPTER 1611 - OTHER EDUCATIONAL ASSISTANCE PROGRAMS

-HEAD-

Sec. 16401. Marine Corps Platoon Leaders Class: college tuition

assistance program

-STATUTE-

(a) Authority. - The Secretary of the Navy may provide financial

assistance to an eligible member of the Marine Corps Reserve for

expenses of the member while the member is pursuing on a full-time

basis at an institution of higher education a program of education

approved by the Secretary that leads to -

(1) a baccalaureate degree in less than five academic years; or

(2) a doctor of jurisprudence or bachelor of laws degree in not

more than four academic years.

(b) Eligibility. - (1) To be eligible for financial assistance

under this section, a member of the Marine Corps Reserve must -

(A) be a member of the Marine Corps Platoon Leaders Class

program and have successfully completed one six-week (or longer)

increment of military training required under that program;

(B) be enrolled on a full-time basis in a program of education

referred to in subsection (a) at any institution of higher

education; and

(C) enter into a written agreement with the Secretary described

in paragraph (2).

(2) A written agreement referred to in paragraph (1)(C) is an

agreement between the member and the Secretary in which the member

agrees -

(A) to accept an appointment as a commissioned officer in the

Marine Corps, if tendered by the President;

(B) to serve on active duty for at least five years; and

(C) under such terms and conditions as shall be prescribed by

the Secretary, to serve in the Marine Corps Reserve until the

eighth anniversary of the date of the appointment.

(c) Covered Expenses. - Expenses for which financial assistance

may be provided under this section are -

(1) tuition and fees charged by the institution of higher

education involved;

(2) the cost of books; and

(3) in the case of a program of education leading to a

baccalaureate degree, laboratory expenses.

(d) Amount. - The amount of financial assistance provided to a

member under this section shall be prescribed by the Secretary, but

may not exceed $5,200 for any academic year.

(e) Limitations. - (1) Financial assistance may be provided to a

member under this section only for three consecutive academic

years.

(2) Not more than 1,200 members may participate in the financial

assistance program under this section in any academic year.

(f) Failure To Complete Program. - (1) An enlisted member who

receives financial assistance under this section may be ordered to

active duty in the Marine Corps by the Secretary to serve in an

appropriate enlisted grade for such period as the Secretary

prescribes, but not for more than four years, and an officer who

receives financial assistance under this section may be required to

repay the full amount of financial assistance, if the member -

(A) completes the military and academic requirements of the

Marine Corps Platoon Leaders Class program and refuses to accept

an appointment as a commissioned officer in the Marine Corps when

offered or, if already a commissioned officer in the Marine

Corps, refuses to accept an assignment on active duty when

offered;

(B) fails to complete the military or academic requirements of

the Marine Corps Platoon Leaders Class program; or

(C) is disenrolled from the Marine Corps Platoon Leaders Class

program for failure to maintain eligibility for an original

appointment as a commissioned officer under section 532 of this

title.

(2) The Secretary of the Navy may waive the requirements of

paragraph (1) in the case of a person who -

(A) becomes unqualified to serve on active duty as an officer

due to a circumstance not within the control of the person;

(B) is not physically qualified for appointment under section

532 of this title and later is determined by the Secretary of the

Navy under section 505 of this title to be unqualified for

service as an enlisted member of the Marine Corps due to a

physical or medical condition that was not the result of

misconduct or grossly negligent conduct; or

(C) fails to complete the military or academic requirements of

the Marine Corps Platoon Leaders Class program due to a

circumstance not within the control of the person.

(g) Institution of Higher Education Defined. - In this section,

the term ''institution of higher education'' has the meaning given

that term in section 101 of the Higher Education Act of 1965 (20

U.S.C. 1001).

-SOURCE-

(Added Pub. L. 106-65, div. A, title V, Sec. 551(a)(1), Oct. 5,

1999, 113 Stat. 612; amended Pub. L. 106-398, Sec. 1 ((div. A),

title V, Sec. 533(a)-(d), (f)), Oct. 30, 2000, 114 Stat. 1654,

1654A-110, 1654A-111.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec.

533(f)(1)), substituted ''Class: college tuition assistance

program'' for ''Class program: officer candidates pursuing

degrees'' in section catchline.

Subsec. (a). Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec.

533(a)(1), (f)(2)), struck out ''for Financial Assistance Program''

after ''Authority'' in heading and ''enlisted'' after ''an

eligible'' in introductory provisions.

Subsec. (a)(2). Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec.

533(c)), substituted ''four'' for ''three''.

Subsec. (b)(1). Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec.

533(a)(2)(A)), substituted ''a member'' for ''an enlisted member''

in introductory provisions.

Subsec. (b)(1)(A). Pub. L. 106-398, Sec. 1 ((div. A), title V,

Sec. 533(a)(2)(B)), substituted ''a member of'' for ''an officer

candidate in''.

Subsec. (b)(1)(B). Pub. L. 106-398, Sec. 1 ((div. A), title V,

Sec. 533(b)(1)(A), (B)), redesignated subpar. (C) as (B) and struck

out former subpar. (B) which read as follows: ''meet the applicable

age requirement specified in paragraph (2);''.

Subsec. (b)(1)(C), (D). Pub. L. 106-398, Sec. 1 ((div. A), title

V, Sec. 533(b)(1)(B), (C)), redesignated subpar. (D) as (C) and

substituted ''paragraph (2)'' for ''paragraph (3)''.

Subsec. (b)(2), (3). Pub. L. 106-398, Sec. 1 ((div. A), title V,

Sec. 533(b)(2)-(4)), redesignated par. (3) as (2), substituted

''paragraph (1)(C)'' for ''paragraph (1)(D)'' in introductory

provisions, and struck out former par. (2) which read as follows:

''(2)(A) In the case of a member pursuing a baccalaureate degree,

the member meets the age requirements of this paragraph if the

member will be under 27 years of age on June 30 of the calendar

year in which the member is projected to be eligible for

appointment as a commissioned officer in the Marine Corps through

the Marine Corps Platoon Leaders Class program, except that if the

member has served on active duty, the member may, on such date, be

any age under 30 years that exceeds 27 years by a number of months

that is not more than the number of months that the member served

on active duty.

''(B) In the case of a member pursuing a doctor of jurisprudence

or bachelor of laws degree, the member meets the age requirements

of this paragraph if the member will be under 31 years of age on

June 30 of the calendar year in which the member is projected to be

eligible for appointment as a commissioned officer in the Marine

Corps through the Marine Corps Platoon Leaders Class program,

except that if the member has served on active duty, the member

may, on such date, be any age under 35 years that exceeds 31 years

by a number of months that is not more than the number of months

that the member served on active duty.''

Subsec. (f)(1). Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec.

533(d)(1)(A), (B)), in introductory provisions, substituted ''An

enlisted member who'' for ''A member who'' and inserted ''and an

officer who receives financial assistance under this section may be

required to repay the full amount of financial assistance,'' after

''for more than four years,''.

Subsec. (f)(1)(A). Pub. L. 106-398, Sec. 1 ((div. A), title V,

Sec. 533(d)(1)(C)), inserted ''or, if already a commissioned

officer in the Marine Corps, refuses to accept an assignment on

active duty when offered'' after ''when offered''.

Subsec. (f)(2). Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec.

533(d)(2)), added par. (2) and struck out former par. (2) which

read as follows: ''The Secretary of the Navy may waive the

obligated service under paragraph (1) of a person who is not

physically qualified for appointment under section 532 of this

title and later is determined by the Secretary of the Navy under

section 505 of this title to be unqualified for service as an

enlisted member of the Marine Corps due to a physical or medical

condition that was not the result of misconduct or grossly

negligent conduct.''

TRANSITION PROVISION

Pub. L. 106-65, div. A, title V, Sec. 551(d), Oct. 5, 1999, 113

Stat. 614, provided that:

''(1) An enlisted member of the Marine Corps Reserve selected for

training as an officer candidate under section 12209 of title 10,

United States Code, before implementation of a financial assistance

program under section 16401 of such title (as added by subsection

(a)) may, upon application, participate in the financial assistance

program established under section 16401 of such title (as added by

subsection (a)) if the member -

''(A) is eligible for financial assistance under such section

16401;

''(B) submits a request for the financial assistance to the

Secretary of the Navy not later than 180 days after the date on

which the Secretary establishes the financial assistance program;

and

''(C) enters into a written agreement described in subsection

(b)(3) of such section.

''(2) Section 205(f) of title 37, United States Code, as added by

subsection (c), applies to a member referred to in paragraph (1).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 37 section 205.

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10 USC PART V - SERVICE, SUPPLY, AND PROCUREMENT 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART V - SERVICE, SUPPLY, AND PROCUREMENT

.

-HEAD-

PART V - SERVICE, SUPPLY, AND PROCUREMENT

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Chap. Sec.

1801. Issue of Serviceable Material to Reserve Components. (No

present sections)

1803. Facilities for Reserve Components 18231

1805. Miscellaneous Provisions 18501

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