10 U.S.C. § 2141 — Educational assistance program: estab-

Page 1697 TITLE 10—ARMED FORCES § 2141 tinue to be eligible for educational assistance in accordance with the terms of such agreement and of this chapter as in effect before such date. (Added Pub. L. 98–525, title VII, § 705(a)(1), Oct. 19, 1984, 98 Stat. 2567.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 1, 1985, applicable only to members of the Armed Forces who qualify for edu- cational assistance under this chapter on or after such date, see section 705(b) of Pub. L. 98–525, set out as an Effective Date of 1984 Amendment note under section 16131 of this title. CHAPTER 106A—EDUCATIONAL ASSISTANCE FOR PERSONS ENLISTING FOR ACTIVE DUTY Sec. 2141. Educational assistance program: establish- ment. 2142. Educational assistance program: eligibility. 2143. Educational assistance: amount. 2144. Subsistence allowance. 2145. Adjustments of amount of educational assist- ance and of subsistence allowance. 2146. Right of member upon subsequent reenlist- ment to lump-sum payment in lieu of edu- cational assistance. 2147. Right of member after reenlisting to transfer entitlement to spouse or dependent chil- dren. 2148. Duration of entitlement. 2149. Applications for educational assistance. Editorial Notes AMENDMENTS 2004—Pub. L. 108–375, div. A, title V, § 532(a)(1), Oct. 28, 2004, 118 Stat. 1896, renumbered chapter 107 of this title as this chapter. § 2141. Educational assistance program: estab- lishment (a) To encourage enlistments and reenlist- ments for service on active duty in the armed forces, the Secretary of each military depart- ment may establish a program in accordance with this chapter to provide educational assist- ance to persons enlisting or reenlisting in an armed force under his jurisdiction. The costs of any such program shall be borne by the Depart- ment 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 chap- ter. 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. (Added Pub. L. 96–342, title IX, § 901(a), Sept. 8, 1980, 94 Stat. 1111; amended Pub. L. 100–180, div. A, title XII, § 1231(18)(A), Dec. 4, 1987, 101 Stat. 1161; Pub. L. 100–456, div. A, title XII, § 1233(k)(1), Sept. 29, 1988, 102 Stat. 2058.) Editorial Notes 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 sec- tion,’’, could not be executed because that phrase did not appear. See 1988 Amendment note above. Statutory Notes and Related Subsidiaries REPAYMENT OF LOANS FOR SERVICE IN THE ARMED FORCES; AUTHORIZATION, CRITERIA, ETC. Pub. L. 96–342, title IX, § 902, Sept. 8, 1980, 94 Stat. 1115, as amended by Pub. L. 97–86, title IV, § 406, Dec. 1, 1981, 95 Stat. 1106; Pub. L. 98–94, title X, § 1034, Sept. 24, 1983, 97 Stat. 672; Pub. L. 98–525, title VII, § 709, Oct. 19, 1984, 98 Stat. 2572, provided that the Secretary of De- fense could repay any loan made, insured, or guaran- teed 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, § 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 Pub. L. 96–342, title IX, § 903, Sept. 8, 1980, 94 Stat. 1115, provided that: ‘‘(a)(1) As a means of encouraging enlistments and re- enlistments in the Armed Forces, the Secretary of De- fense, on behalf of any person who enlists or reenlists in the Armed Forces after September 30, 1980, and be- fore October 1, 1981, and who elects or has elected to participate in the Post-Vietnam Era Veterans’ Edu- cational Assistance Program provided for under chap- ter 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 de- posited to the credit of such person in the Post-Viet- nam 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 provi- sions 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 assist- ance program described in subsection (a), may make monthly payments out of the Post-Vietnam Era Vet- erans 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 sub- section 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 cred- ited 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 Sec- Page 1698 TITLE 10—ARMED FORCES § 2142 retary 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 sec- tion 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 Pub. L. 96–342, title IX, § 904, Sept. 8, 1980, 94 Stat. 1116, 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. Pub. L. 96–342, title IX, § 905, Sept. 8, 1980, 94 Stat. 1117, directed Secretary of Defense to submit to Con- gress, quarterly for fiscal year 1981, a report on the im- plementation and operation of the educational assist- ance 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 ex- tent to which the educational assistance program pro- vided for under chapter 107 of this title, the Post-Viet- nam Era Veterans’ Educational Assistance Program provided for under chapter 32 of title 38, and the pro- gram established under section 902 of Pub. L. 96–342 have encouraged persons to enter or remain in the Armed Forces. § 2142. Educational assistance program: eligi- bility (a)(1) A program of educational assistance es- tablished 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 enlist- ment 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 aca- demic year. (3)(A) A member who is discharged or other- wise released from active duty before com- pleting two years of active service of an enlist- ment which is the basis for entitlement to edu- cational 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 mem- ber has completed two years of active service of the enlistment which is the basis for entitle- ment 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 Sec- retary may consider appropriate for the pur- poses of this chapter and the needs of the armed forces. (Added Pub. L. 96–342, title IX, § 901(a), Sept. 8, 1980, 94 Stat. 1111.) § 2143. Educational assistance: amount (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 institu- tion 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 ex- penses normally incurred by students at the in- stitution 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 assist- ance to which any person is entitled shall be ad- justed in accordance with section 2145 of this title.