10 U.S.C. § 16401 — Marine Corps Platoon Leaders Class: col-

Page 3788 TITLE 10—ARMED FORCES § 16401 of chaplains in the Selected Reserve, the Sec- retary concerned may repay a loan that was ob- tained by a person who— (1) satisfies the requirements for accessioning and commissioning of chaplains, as prescribed in regulations; (2) holds, or is fully qualified for, an appoint- ment as a chaplain in a reserve component of an armed force; and (3) signs a written agreement with the Sec- retary concerned to serve not less than three years in the Selected Reserve. (b) EXCEPTION FOR CHAPLAIN CANDIDATE PRO- GRAM.—A person accessioned into the Chaplain Candidate Program is not eligible for the repay- ment of a loan under subsection (a). (c) LOAN REPAYMENT PROCESS; MAXIMUM AMOUNT.—(1) Subject to paragraph (2), the re- payment of a loan under subsection (a) may con- sist of the payment of the principal, interest, and related expenses of the loan. (2) The amount of any repayment of a loan made under subsection (a) on behalf of a person may not exceed $20,000 for each three year pe- riod of obligated service that the person agrees to serve in an agreement described in subsection (a)(3). Of such amount, not more than an amount equal to 50 percent of such amount may be paid before the completion by the person of the first year of obligated service pursuant to the agreement. The balance of such amount shall be payable at such time or times as are prescribed in regulations. (d) EFFECT OF FAILURE TO COMPLETE OBLIGA- TION.—A person on whose behalf a loan is repaid under subsection (a) who fails to commence or complete the period of obligated service speci- fied in the agreement described in subsection (a)(3) shall be subject to the repayment provi- sions of section 303a(e) or 373 of title 37. (e) REGULATIONS.—The Secretary of Defense shall prescribe regulations to carry out this sec- tion. (Added and amended Pub. L. 109–163, div. A, title VI, §§ 684(a), 687(c)(14), Jan. 6, 2006, 119 Stat. 3324, 3335; Pub. L. 115–91, div. A, title VI, § 618(a)(1)(Q), Dec. 12, 2017, 131 Stat. 1426.) Editorial Notes AMENDMENTS 2017—Subsec. (d). Pub. L. 115–91 inserted ‘‘or 373’’ be- fore ‘‘of title 37’’. 2006—Subsec. (d). Pub. L. 109–163, § 687(c)(14), added subsec. (d) and struck out heading and text of former subsec. (d). Text read as follows: ‘‘If a person on whose behalf a loan is repaid under subsection (a) fails to commence or complete the period of obligated service specified in the agreement described in subsection (a)(3), the Secretary concerned may require the person to pay the United States an amount equal to the amount of the loan repayments made on behalf of the person in connection with the agreement.’’ Statutory Notes and Related Subsidiaries SAVINGS PROVISION For savings provision relating to payment or repay- ment of any bonus, incentive pay, special pay, or simi- lar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(c) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of this title. CHAPTER 1611—OTHER EDUCATIONAL ASSISTANCE PROGRAMS Sec. 16401. Marine Corps Platoon Leaders Class: college tuition assistance program. Editorial Notes AMENDMENTS 2000—Pub. L. 106–398, § 1 [[div. A], title V, § 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. § 16401. Marine Corps Platoon Leaders Class: col- lege tuition assistance program (a) AUTHORITY.—The Secretary of the Navy may provide financial assistance to an eligible member of the Marine Corps Reserve for ex- penses of the member while the member is pur- suing on a full-time basis at an institution of higher education a program of education ap- proved 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 Pla- toon Leaders Class program and have success- fully completed one six-week (or longer) incre- ment of military training required under that program; (B) be enrolled on a full-time basis in a pro- gram 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 para- graph (1)(C) is an agreement between the mem- ber and the Secretary in which the member agrees— (A) to accept an appointment as a commis- sioned 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 anni- versary of the date of the appointment. (c) COVERED EXPENSES.—Expenses for which fi- nancial assistance may be provided under this section are— (1) tuition and fees charged by the institu- tion 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 assist- ance provided to a member under this section shall be prescribed by the Secretary, but may not exceed $13,800 for any academic year. (e) LIMITATIONS.—(1) Financial assistance may be provided to a member under this section only for three consecutive academic years. Page 3789 TITLE 10—ARMED FORCES § 16401 (2) Not more than 450 members may partici- pate in the financial assistance program under this section in any academic year. (f) FAILURE TO COMPLETE PROGRAM.—(1) An en- listed 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 shall be subject to the repayment provisions of section 303a(e) or 373 of title 37, if the member— (A) completes the military and academic re- quirements of the Marine Corps Platoon Lead- ers Class program and refuses to accept an ap- pointment as a commissioned officer in the Marine Corps when offered or, if already a commissioned officer in the Marine Corps, re- fuses to accept an assignment on active duty when offered; (B) fails to complete the military or aca- demic requirements of the Marine Corps Pla- toon Leaders Class program; or (C) is disenrolled from the Marine Corps Pla- toon Leaders Class program for failure to maintain eligibility for an original appoint- ment as a commissioned officer under section 532 of this title. (2) Any requirement to repay any portion of fi- nancial assistance received under this section shall be administered under the regulations issued under section 303a(e) or 373 of title 37. The Secretary of the Navy may waive the require- ments 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 appoint- ment 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 Ma- rine Corps due to a physical or medical condi- tion that was not the result of misconduct or grossly negligent conduct; or (C) fails to complete the military or aca- demic requirements of the Marine Corps Pla- toon Leaders Class program due to a cir- cumstance not within the control of the per- son. (g) INSTITUTION OF HIGHER EDUCATION DE- FINED.—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). (Added Pub. L. 106–65, div. A, title V, § 551(a)(1), Oct. 5, 1999, 113 Stat. 612; amended Pub. L. 106–398, § 1 [[div. A], title V, § 533(a)–(d), (f)], Oct. 30, 2000, 114 Stat. 1654, 1654A–110, 1654A–111; Pub. L. 109–163, div. A, title VI, § 687(c)(15), Jan. 6, 2006, 119 Stat. 3336; Pub. L. 115–91, div. A, title VI, § 618(a)(1)(R), Dec. 12, 2017, 131 Stat. 1426; Pub. L. 118–159, div. A, title V, § 559, Dec. 23, 2024, 138 Stat. 1899.) Editorial Notes AMENDMENTS 2024—Subsec. (d). Pub. L. 118–159, § 559(1), substituted ‘‘$13,800’’ for ‘‘$5,200’’. Subsec. (e)(2). Pub. L. 118–159, § 559(2), substituted ‘‘450’’ for ‘‘1,200’’. 2017—Subsec. (f). Pub. L. 115–91 inserted ‘‘or 373’’ be- fore ‘‘of title 37’’ in introductory provisions of par. (1) and in par. (2). 2006—Subsec. (f)(1). Pub. L. 109–163, § 687(c)(15)(A), sub- stituted ‘‘shall be subject to the repayment provisions of section 303a(e) of title 37’’ for ‘‘may be required to repay the full amount of financial assistance’’ in intro- ductory provisions. Subsec. (f)(2). Pub. L. 109–163, § 687(c)(15)(B), inserted ‘‘Any requirement to repay any portion of financial as- sistance received under this section shall be adminis- tered under the regulations issued under section 303a(e) of title 37.’’ before ‘‘The Secretary of the Navy may waive’’ in introductory provisions. 2000—Pub. L. 106–398, § 1 [[div. A], title V, § 533(f)(1)], substituted ‘‘Class: college tuition assistance program’’ for ‘‘Class program: officer candidates pursuing de- grees’’ in section catchline. Subsec. (a). Pub. L. 106–398, § 1 [[div. A], title V, § 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, § 1 [[div. A], title V, § 533(c)], substituted ‘‘four’’ for ‘‘three’’. Subsec. (b)(1). Pub. L. 106–398, § 1 [[div. A], title V, § 533(a)(2)(A)], substituted ‘‘a member’’ for ‘‘an enlisted member’’ in introductory provisions. Subsec. (b)(1)(A). Pub. L. 106–398, § 1 [[div. A], title V, § 533(a)(2)(B)], substituted ‘‘a member of’’ for ‘‘an officer candidate in’’. Subsec. (b)(1)(B). Pub. L. 106–398, § 1 [[div. A], title V, § 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 para- graph (2);’’. Subsec. (b)(1)(C), (D). Pub. L. 106–398, § 1 [[div. A], title V, § 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, § 1 [[div. A], title V, § 533(b)(2)–(4)], redesignated par. (3) as (2), substituted ‘‘paragraph (1)(C)’’ for ‘‘paragraph (1)(D)’’ in introduc- tory provisions, and struck out former par. (2) which read as follows: ‘‘(2)(A) In the case of a member pursuing a bacca- laureate degree, the member meets the age require- ments 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, ex- cept 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 ju- risprudence 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, § 1 [[div. A], title V, § 533(d)(1)(A), (B)], in introductory provisions, sub- stituted ‘‘An enlisted member who’’ for ‘‘A member who’’ and inserted ‘‘and an officer who receives finan- cial 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, § 1 [[div. A], title V, § 533(d)(1)(C)], inserted ‘‘or, if already a commissioned officer in the Marine Corps, refuses to accept an assign- ment on active duty when offered’’ after ‘‘when of- fered’’. Page 3790 TITLE 10—ARMED FORCES § 18231 Subsec. (f)(2). Pub. L. 106–398, § 1 [[div. A], title V, § 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 mem- ber of the Marine Corps due to a physical or medical condition that was not the result of misconduct or grossly negligent conduct.’’ Statutory Notes and Related Subsidiaries SAVINGS PROVISION For savings provision relating to payment or repay- ment of any bonus, incentive pay, special pay, or simi- lar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(c) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of this title. TRANSITION PROVISION Pub. L. 106–65, div. A, title V, § 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 sec- tion 12209 of title 10, United States Code, before imple- mentation of a financial assistance program under sec- tion 16401 of such title (as added by subsection (a)) may, upon application, participate in the financial assist- ance 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).’’ PART V—SERVICE, SUPPLY, AND PROCUREMENT Chap. Sec. 1801. Issue of Serviceable Material to Re- serve Components. [No present sec- tions] 1803. Facilities for Reserve Components ........ 18231 1805. Miscellaneous Provisions ...................... 18501 CHAPTER 1801—ISSUE OF SERVICEABLE MATERIAL TO RESERVE COMPONENTS [No present sections] CHAPTER 1803—FACILITIES FOR RESERVE COMPONENTS Sec. 18231. Purpose. 18232. Definitions. 18233. Acquisition. 18233a. Notice and wait requirements for certain projects. 18233b. Authority to carry out small projects with operation and maintenance funds. 18234. Location and use. 18235. Administration; other use permitted by Sec- retary. 18236. Contributions to States; other use permitted by States. 18237. Supervision of construction: compliance with State law. 18238. Army National Guard of United States; Air National Guard of United States: limitation on relocation of units. Sec. 18239. Waiver of certain restrictions. 18240. Acquisition of facilities by exchange. Editorial Notes AMENDMENTS 2004—Pub. L. 108–375, div. B, title XXVIII, §§ 2808(c), 2809(a)(2), Oct. 28, 2004, 118 Stat. 2125, 2127, substituted ‘‘Notice and wait requirements for certain projects’’ for ‘‘Limitation on certain projects; authority to carry out small projects with operation and maintenance funds’’ in item 18233a and added items 18233b and 18240. 1994—Pub. L. 103–337, div. A, title XVI, § 1664(b)(1), (3), Oct. 5, 1994, 108 Stat. 3010, renumbered chapter 133 as this chapter and renumbered items 2231 to 2239 as items 18231 to 18239, respectively. 1982—Pub. L. 97–214, § 3(b)(2), (c)(2), July 12, 1982, 96 Stat. 169, 170, substituted ‘‘Limitation on certain projects; authority to carry out small projects with op- eration and maintenance funds’’ for ‘‘Limitation’’ in item 2233a, and added item 2239. 1958—Pub. L. 85–861, § 1(42), Sept. 2, 1958, 72 Stat. 1457, inserted ‘‘: compliance with State law’’ in item 2237. Pub. L. 85–685, title VI, § 601(4), Aug. 20, 1958, 72 Stat. 665, added item 2233a. § 18231. Purpose The purpose of this chapter is to provide for— (1) the acquisition, by purchase, lease, trans- fer, construction, expansion, rehabilitation, or conversion of facilities necessary for the prop- er development, training, operation, and main- tenance of the reserve components of the armed forces, including troop housing and messing facilities; (2) the joint use of those facilities by units of two or more of those reserve components, to the greatest practicable extent for efficiency and economy; (3) the use of those facilities, in time of war or national emergency, by those units and other units of the armed forces, to the great- est practicable extent for efficiency and econ- omy; and (4) any other use of those facilities by the United States, in time of war or national emergency, to the greatest practicable extent for efficiency and economy. (Aug. 10, 1956, ch. 1041, 70A Stat. 120, § 2231; Pub. L. 85–215, § 1, Aug. 29, 1957, 71 Stat. 489; renum- bered § 18231, Pub. L. 103–337, div. A, title XVI, § 1664(b)(2), Oct. 5, 1994, 108 Stat. 3010.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2231 ......... 50:881. Sept. 11, 1950, ch. 945, § 2, 64 Stat. 829. In clause (1), the words ‘‘units of’’ are omitted as sur- plusage. In clause (4), the words ‘‘United States’’ are sub- stituted for the words ‘‘Federal Government’’. Editorial Notes AMENDMENTS 1994—Pub. L. 103–337 renumbered section 2231 of this title as this section. 1957—Par. (1). Pub. L. 85–215 included troop housing and messing facilities. § 18232. Definitions In this chapter: