10 U.S.C. § 2143 — Educational assistance: amount

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. 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 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 in- struction on a full-time basis if the person is en- rolled in twelve or more semester hours of in- struction (or the equivalent, as determined by Secretary concerned). (Added Pub. L. 96–342, title IX, § 901(a), Sept. 8, 1980, 94 Stat. 1112.) § 2145. Adjustments of amount of educational as- sistance and of subsistence allowance (a) Once each year, the Secretary of Defense shall adjust the amount of educational assist- ance which may be provided to any person in any standard academic year under section 2143 of this title, and the amount of the subsistence allowance authorized under section 2144 of this title 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 pub- lic institutions of higher education. (b) In this section, the term ‘‘actual cost of at- tendance’’ has the meaning given the term ‘‘cost of attendance’’ by section 472 of the Higher Edu- cation Act of 1965 (20 U.S.C. 1087ll). (Added Pub. L. 96–342, title IX, § 901(a), Sept. 8, 1980, 94 Stat. 1113; amended Pub. L. 100–180, div. A, title XII, § 1231(18)(A), Dec. 4, 1987, 101 Stat. 1161; Pub. L. 103–35, title II, § 201(c)(2), May 31, 1993, 107 Stat. 98.) Editorial Notes AMENDMENTS 1993—Subsec. (b). Pub. L. 103–35 substituted ‘‘has the meaning given the term ‘cost of attendance’ by section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll)’’ for ‘‘means the actual cost of attendance as de- termined by the Secretary of Education pursuant to section 411(a)(2)(B)(iv) of the Higher Education Act of 1965 (20 U.S.C. 1070a(a)(2)(B)(iv))’’. 1987—Subsec. (b). Pub. L. 100–180 inserted ‘‘the term’’ after ‘‘In this section,’’. § 2146. Right of member upon subsequent reen- listment to lump-sum payment in lieu of edu- cational assistance (a) A member who is entitled to educational assistance under this chapter and who reenlists at the end of the enlistment which established such entitlement may, at the time of such reen- listment, elect to receive a lump-sum payment computed under subsection (b) in lieu of receiv- ing such educational assistance. An election to receive such a lump-sum payment is irrevocable. (b) The amount of a lump-sum payment under subsection (a) is 60 percent of the sum of— (1) the product of (A) the rate for edu- cational assistance under section 2143(b) of this title applicable to such member which is in effect at the time of such reenlistment, and (B) the number of standard academic years of entitlement of such member to such assist- ance; and (2) the product of (A) the rate for the sub- sistence allowance authorized under section 2144 of this title for pursuit of a course of in- struction on a full-time basis at the time of such reenlistment, and (B) the number of months of entitlement of such member to such allowance. (Added Pub. L. 96–342, title IX, § 901(a), Sept. 8, 1980, 94 Stat. 1113.) § 2147. Right of member after reenlisting to transfer entitlement to spouse or dependent children (a)(1)(A) A person who is entitled to edu- cational assistance under section 2142 of this title and who reenlisted in an armed force at any time after the end of the enlistment which established such entitlement may at any time after such reenlistment elect to transfer all or any part of such entitlement to the spouse or de- pendent child of such person. (B) The Secretary of the Navy may authorize a member of the Navy or Marine Corps who is entitled to educational assistance under section 2142 of this title and whose enlistment that es- tablished such entitlement was the member’s second reenlistment as a member of the armed forces to transfer all or part of such entitlement to the spouse or dependent child of such member