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10 U.S.C. § 2145 — Adjustments of amount of educational assistance and of subsistence allowance
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2143&num=0&edition=prelim), and the amount of the subsistence allowance authorized under [section 2144 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2144&num=0&edition=prelim) 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. 1087](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087&num=0&edition=prelim)ll).
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Source file: Laws/federal/codes/united-states-code/title-10/section-2145-adjustments-of-amount-of-educational-assistance-and-of-subsistence-allow--1ff6bdbb65.md
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Source location: Title 10, Chapter 106A, § 2145; chapter-106a-educational-assistance-for-persons-enlisting-for-active-duty.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2143&num=0&edition=prelim), and the amount of the subsistence allowance authorized under [section 2144 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2144&num=0&edition=prelim) 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. 1087](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087&num=0&edition=prelim)ll).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to subsection (b), an educational assistance program established under [section 2141 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2141&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2142&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2145&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2145&num=0&edition=prelim).
**(c)** In
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Repayment in full for death and disability**
(1) **In general** — If a student borrower who has received a loan described in subparagraph (A) or (B) of [section 1078(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078/a/1&num=0&edition=prelim) dies or becomes permanently and totally disabled (as determined in accordance with regulations of the Secretary), or if a student borrower who has received such a loan is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death, has lasted for a continuous period of not less than 60 months, or can be expected to last for a continuous period of not less than 60 months then the Secretary shall discharge the borrower’s liability on the loan by repaying the amount owed on the loan. The Secretary may develop such safeguards as the Secretary determines necessary to prevent fraud and abuse in the discharge of liability under this subsection. Notwithstanding any other provision of this subsection, the Secretary may promulgate regulations to reinstate the obligation of, and resume collection on, loans discharged under this subsection in any case in which—
(A) a borrower received a discharge of liability under this subsection and after the discharge the borrower—
(i) receives a loan made, insured, or guaranteed under this subchapter; or
(ii) has earned income in excess of the poverty line; or
(B) the Secretary determines the reinstatement and resumption to be necessary.
(2) **Disability determinations** — A borrower who has been determined by the Secretary of Veterans Affairs to be unemployable due to a service-connected condition and who provides documentation of
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1087
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2145&num=0&edition=prelim), 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).
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Federal law — U.S. Code and appendices · legal_authorities
Page 1699
TITLE 10—ARMED FORCES
§ 2147
(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 insti-
tution’’ means a civilian college or university or
a trade, technical, or vocational school in the
United States (including the District of Colum-
bia, 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 asso-
ciation recognized by the Secretary of Edu-
cation.
(Added Pub. L. 96–342, title IX, § 901(a), Sept. 8,
1980, 94 Stat. 1112; amended Pub. L. 100–180, div.
A, title XII, § 1231(18)(A), Dec. 4, 1987, 101 Stat.
1161.)
Editorial Notes
AMENDMENTS
1987—Subsec. (c). Pub. L. 100–180 inserted ‘‘the term’’
after ‘‘In this section,’’.
§ 2144. Subsistence allowance
(a) Subject to subsection (b), a person entitled
to educational assistance under this chapter is
entitled to receive a monthly subsistence allow-
ance during any period for which educational as-
sistance is provided such person. The amount of
a subsistence allowance under this section is
$300 per month, adjusted in accordance with sec-
tion 2145 of this title, in the case of a person pur-
suing 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 in-
struction on less than a full-time basis.
(b) The number of months for which a subsist-
ence allowance may be provided to any person
under this section is computed on the basis of
nine months fo
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2145
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Federal law — U.S. Code and appendices · legal_authorities
Page 509
TITLE 20—EDUCATION
§ 1087
1 See References in Text note below.
tion 3 of Pub. L. 105–244, set out as a note under section
1001 of this title.
§ 1087. Repayment by Secretary of loans of bank-
rupt, deceased, or disabled borrowers; treat-
ment of borrowers attending schools that fail
to provide a refund, attending closed schools,
or falsely certified as eligible to borrow
(a) Repayment in full for death and disability
(1) In general
If a student borrower who has received a
loan described in subparagraph (A) or (B) of
section 1078(a)(1) of this title dies or becomes
permanently and totally disabled (as deter-
mined in accordance with regulations of the
Secretary), or if a student borrower who has
received such a loan is unable to engage in any
substantial gainful activity by reason of any
medically determinable physical or mental
impairment that can be expected to result in
death, has lasted for a continuous period of
not less than 60 months, or can be expected to
last for a continuous period of not less than 60
months then the Secretary shall discharge the
borrower’s liability on the loan by repaying
the amount owed on the loan. The Secretary
may develop such safeguards as the Secretary
determines necessary to prevent fraud and
abuse in the discharge of liability under this
subsection. Notwithstanding any other provi-
sion of this subsection, the Secretary may pro-
mulgate regulations to reinstate the obliga-
tion of, and resume collection on, loans dis-
charged under this subsection in any case in
which—
(A) a borrower received a discharge of li-
ability under this subsection and after the
discharge the borrower—
(i) receives a loan made, insured, or
guaranteed under this subchapter; or
(ii) has earned income in excess of the
pover
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1087
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