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10 U.S.C. § 2141 — Educational assistance program: establishment
Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Source location: Title 10, Chapter 106A, § 2141; chapter-106a-educational-assistance-for-persons-enlisting-for-active-duty.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose; discrimination prohibited**
(1) **Purpose** — The purpose of this part is to enable the Secretary—
(A) to encourage States and nonprofit private institutions and organizations to establish adequate loan insurance programs for students in eligible institutions (as defined in [section 1085 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1085&num=0&edition=prelim)),
(B) to provide a Federal program of student loan insurance for students or lenders who do not have reasonable access to a State or private nonprofit program of student loan insurance covered by an agreement under [section 1078(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078/b&num=0&edition=prelim),
(C) to pay a portion of the interest on loans to qualified students which are insured under this part, and
(D) to guarantee a portion of each loan insured under a program of a State or of a nonprofit private institution or organization which meets the requirements of [section 1078(a)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078/a/1/B&num=0&edition=prelim).
(2) **Discrimination by creditors prohibited** — No agency, organization, institution, bank, credit union, corporation, or other lender who regularly extends, renews, or continues credit or provides insurance under this part shall exclude from receipt or deny the benefits of, or discriminate against any borrower or applicant in obtaining, such credit or insurance on the basis of race, national origin, religion, sex, marital status, age, or handicapped status.
**(b) Authorization of appropriations** For the purpose of carrying out this part—
(1) there are authorized to be appropriated to
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Program authority** The Secretary shall carry out a program assisting in the maintenance of funds at institutions of higher education for the making of loans to undergraduate students in need to pursue their courses of study in such institutions or while engaged in programs of study abroad approved for credit by such institutions. Loans made under this part shall be known as “Federal Perkins Loans”.
**(b) Authority to make loans**
(1) **In general**
(A) *Loans for new undergraduate Federal Perkins Loan borrowers* — Through September 30, 2017, an institution of higher education may make a loan under this part to an eligible undergraduate student who, on the date of disbursement of a loan made under this part, has no outstanding balance of principal or interest on a loan made under this part from the student loan fund established under this part by the institution, but only if the institution has awarded all Federal Direct Loans, as referenced under subparagraphs (A) and (D) of [section 1087e(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087e/a/2&num=0&edition=prelim), for which such undergraduate student is eligible.
(B) *Loans for current undergraduate Federal Perkins Loan borrowers* — Through September 30, 2017, an institution of higher education may make a loan under this part to an eligible undergraduate student who, on the date of disbursement of a loan made under this part, has an outstanding balance of principal or interest on a loan made under this part from the student loan fund established under this part by the institution, but only if the institution has awarded all Federal Direct Stafford Loans as referenced under [section 1087e(a)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=g
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2143
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Disclosure required prior to disbursement** Each institution of higher education shall, at or prior to the time such institution makes a loan to a student borrower which is made under this part, provide thorough and adequate loan information on such loan to the student borrower. Any disclosure required by this subsection may be made by an institution of higher education as part of the written application material provided to the borrower, or as part of the promissory note evidencing the loan, or on a separate written form provided to the borrower. The disclosures shall include—
(1) the name of the institution of higher education, and the address to which communications and payments should be sent;
(2) the principal amount of the loan;
(3) the amount of any charges collected by the institution at or prior to the disbursal of the loan and whether such charges are deducted from the proceeds of the loan or paid separately by the borrower;
(4) the stated interest rate on the loan;
(5) the yearly and cumulative maximum amounts that may be borrowed;
(6) an explanation of when repayment of the loan will be required and when the borrower will be obligated to pay interest that accrues on the loan;
(7) a statement as to the minimum and maximum repayment term which the institution may impose, and the minimum monthly payment required by law and a description of any penalty imposed as a consequence of default, such as liability for expenses reasonably incurred in attempts by the Secretary or institutions to collect on a loan;
(8) a statement of the total cumulative balance, including the loan applied for, owed by the student to that lender, and an estimate of the projected monthly payment, given such cumulative balance;
(9) an explanation of any special options the bor
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1087cc–1
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Federal law — U.S. Code and appendices · legal_authorities
In this part:
**(a) Total income** The term “total income” means the amount equal to adjusted gross income for the second preceding tax year plus untaxed income and benefits for the second preceding tax year minus excludable income for the second preceding tax year. The factors used to determine total income shall be derived from the Federal income tax return, if available, except for the applicant’s ability to indicate a qualified rollover in the second preceding tax year as outlined in [section 1090 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1090&num=0&edition=prelim) or foreign income described in subsection (b)(5).
**(b) Untaxed income and benefits** The term “untaxed income and benefits” means—
(1) deductions and payments to self-employed SEP, SIMPLE, Keogh, and other qualified individual retirement accounts excluded from income for Federal tax purposes, except such term shall not include payments made to tax-deferred pension and retirement plans, paid directly or withheld from earnings, that are not delineated on the Federal tax return;
(2) tax-exempt interest income;
(3) untaxed portion of individual retirement account distributions;
(4) untaxed portion of pensions; and
(5) foreign income of permanent residents of the United States or United States citizens exempt from Federal taxation, or the foreign income for which such a permanent resident or citizen receives a foreign tax credit.
**(c) Veterans and veterans’ education benefits**
(1) The term “veteran” has the meaning given the term in [section 101(2) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101/2&num=0&edition=prelim) and includes individuals who served in the United States Armed Forces as described in se
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1087vv
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) An individual entitled to educational assistance under a program established by this chapter who is also eligible for educational assistance under a program under chapter 31, 32, 33, or 35 of this title, under chapter 106 or 107 of title 10, or under the Hostage Relief Act of 1980 (Public Law 96–449; [5 U.S.C. 5561](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5561&num=0&edition=prelim) note) may not receive assistance under two or more of such programs concurrently but shall elect (in such form and manner as the Secretary may prescribe) under which program to receive educational assistance.
(2) An individual entitled to educational assistance under chapter 34 of this title may not receive assistance under this chapter before January 1, 1990.
**(b)** A period of service counted for purposes of repayment under chapter 109 of title 10 of an education loan may not also be counted for purposes of entitlement to educational assistance under this chapter.
**(c)** An individual who serves in the Selected Reserve may not receive credit for such service under two or more of the programs established by this chapter, chapter 33 of this title, and chapters 1606 and 1607 of title 10 but shall elect (in such form and manner as the Secretary may prescribe) the program to which such service is to be credited.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3033
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsections (c) and (d) of this section, each person electing to participate in the program shall agree to have a monthly deduction made from such person’s military pay. Such monthly deduction shall be in any amount not less than $25 nor more than $100 except that the amount must be divisible by 5. Any such amount contributed by the participant or contributed by the Secretary of Defense pursuant to subsection (c) of this section shall be deposited in a deposit fund account entitled the “Post-Vietnam Era Veterans Education Account” (hereinafter in this chapter referred to as the “fund”) to be established in the Treasury of the United States. Contributions made by the participant shall be limited to a maximum of $2,700.
**(b)** Except as otherwise provided in this chapter, each monthly contribution made by a participant under subsection (a) shall entitle the participant to matching funds from the Department of Defense at the rate of $2 for each $1 contributed by the participant.
**(c)** The Secretary of Defense is authorized to contribute to the fund of any participant such contributions as the Secretary of Defense deems necessary or appropriate to encourage persons to enter or remain in the Armed Forces, including contributions in lieu of, or to reduce the amount of, monthly deductions under subsection (a) of this section. The Secretary of Defense is authorized to issue such rules and regulations as the Secretary of Defense deems necessary or appropriate to implement the provisions of this subsection.
**(d)** Subject to the maximum contribution prescribed by subsection (a) of this section, a participant shall be permitted, while serving on active duty, to make a lump-sum contribution to the fund. A lump-sum contribution to the fund by a p
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3222
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** No educational assistance allowance granted under chapter 30, 34, 35, or 36 of this title or 106 or 107 of title 10, or subsistence allowance granted under chapter 31 of this title shall be paid to any eligible person (1) who is on active duty and is pursuing a course of education which is being paid for by the Armed Forces (or by the Department of Health and Human Services in the case of the Public Health Service; or (2) who is attending a course of education or training paid for under chapter 41 of title 5.
**(b)** No person may receive benefits concurrently under two or more of the provisions of law listed below:
(1) Chapters 30, 31, 32, 34, 35, and 36 of this title.
(2) Chapters 106 and 107 and [section 510 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section510&num=0&edition=prelim).
(3) Section 903 of the Department of Defense Authorization Act, 1981 (Public Law 96–342, [10 U.S.C. 2141](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2141&num=0&edition=prelim) note).
(4) The Hostage Relief Act of 1980 (Public Law 96–449, [5 U.S.C. 5561](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5561&num=0&edition=prelim) note).
(5) The Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Public Law 99–399).
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3681
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The aggregate period for which any person may receive assistance under two or more of the provisions of law listed below may not exceed 48 months (or the part-time equivalent thereof):
(1) Parts VII or VIII, Veterans Regulation numbered 1(a), as amended.
(2) Title II of the Veterans’ Readjustment Assistance Act of 1952.
(3) The War Orphans’ Educational Assistance Act of 1956.
(4) Chapters 30, 32, 33, 34, and 36.
(5) Chapters 107, 1606, 1607, and 1611 of title 10.
(6) Section 903 of the Department of Defense Authorization Act, 1981 (Public Law 96–342, [10 U.S.C. 2141](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2141&num=0&edition=prelim) note).
(7) The Hostage Relief Act of 1980 (Public Law 96–449, [5 U.S.C. 5561](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5561&num=0&edition=prelim) note).
(8) The Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Public Law 99–399).
**(b)** No person may receive assistance under chapter 31 of this title in combination with assistance under any of the provisions of law cited in subsection (a) of this section in excess of 48 months (or the part-time equivalent thereof) unless the Secretary determines that additional months of benefits under chapter 31 of this title are necessary to accomplish the purposes of a rehabilitation program (as defined in [section 3101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3101&num=0&edition=prelim)) in the individual case.
**(c)** The aggregate period for which any person may receive assistance under chapter 35 of this title, on the one hand, and any of the provisions of law referred to in subsection (a), on the other hand, may not exceed 81 months (or the part-time equiv
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3695
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Federal law — U.S. Code and appendices · legal_authorities
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 jurisdictio
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2141
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