10 U.S.C. § 2182 — Educational assistance: dependents of

Page 1722 TITLE 10—ARMED FORCES § 2181 on behalf of a member of the armed forces under this section are any 36 consecutive months dur- ing which the member is eligible under sub- section (b). (e) FUNDS FOR PAYMENTS.—Appropriations available for the pay and allowances of military personnel shall be available for payments under this section. (f) COORDINATION.—(1) The Secretary of De- fense and, with respect to the Coast Guard when it is not operating as a service in the Navy, the Secretary of the Department in which the Coast Guard is operating shall consult with the Sec- retary of Education regarding the administra- tion of the authority under this section. (2) The Secretary concerned shall transfer to the Secretary of Education the funds nec- essary— (A) to pay interest and special allowances on student loans under this section (in accord- ance with sections 428(o), 455(l), and 464(j) of the Higher Education Act of 1965 (20 U.S.C. 1078(o), 1087e(l), and 1087dd(j)); and (B) to reimburse the Secretary of Education for any reasonable administrative costs in- curred by the Secretary in coordinating the program under this section with the adminis- tration of the student loan programs under parts B, D, and E of title IV of the Higher Edu- cation Act of 1965. (g) SPECIAL ALLOWANCE DEFINED.—In this sec- tion, the term ‘‘special allowance’’ means a spe- cial allowance that is payable under section 438 of the Higher Education Act of 1965 (20 U.S.C. 1087–1). (Added Pub. L. 107–314, div. A, title VI, § 651(a)(1), Dec. 2, 2002, 116 Stat. 2578.) Editorial Notes REFERENCES IN TEXT The Higher Education Act of 1965, referred to in sub- secs. (c) and (f)(2)(B), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Parts B, D, and E of title IV of the Act are classified to parts B (§ 1071 et seq.), D (§ 1087a et seq.), and E (§ 1087aa et seq.), respectively, of subchapter IV of chapter 28 of Title 20, Education. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 107–314, div. A, title VI, § 651(e), Dec. 2, 2002, 116 Stat. 2581, provided that: ‘‘The amendments made by this section [enacting this section and amending sections 1078, 1087e, and 1087dd of Title 20, Education] shall apply with respect to interest, and any special al- lowance under section 438 of the Higher Education Act of 1965 [20 U.S.C. 1087–1], that accrue for months begin- ning on or after October 1, 2003, on student loans de- scribed in subsection (c) of section 2174 of title 10, United States Code (as added by subsection (a)), that were made before, on, or after such date to members of the Armed Forces who are on active duty (as defined in section 101(d) of title 10, United States Code) on or after that date.’’ TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. CHAPTER 110—EDUCATIONAL ASSISTANCE FOR MEMBERS HELD AS CAPTIVES AND THEIR DEPENDENTS Sec. 2181. Definitions. 2182. Educational assistance: dependents of cap- tives. 2183. Educational assistance: former captives. 2184. Termination of assistance. 2185. Programs to be consistent with programs ad- ministered by the Department of Veterans Affairs. Editorial Notes AMENDMENTS 1990—Pub. L. 101–510, div. A, title XIV, § 1484(i)(5), Nov. 5, 1990, 104 Stat. 1718, inserted ‘‘administered by’’ after ‘‘programs’’ in item 2185. 1989—Pub. L. 101–189, div. A, title XVI, § 1621(a)(7)(B), Nov. 29, 1989, 103 Stat. 1603, substituted ‘‘programs the Department of Veterans Affairs’’ for ‘‘programs admin- istered by the Veterans’ Administration’’ in item 2185. § 2181. Definitions In this chapter: (1) The terms ‘‘captive status’’ and ‘‘former captive’’ have the meanings given those terms in section 559 of title 37. (2) The term ‘‘dependent’’ has the meaning given that term in section 551 of that title. (Added Pub. L. 99–399, title VIII, § 806(d)(1), Aug. 27, 1986, 100 Stat. 887, and Pub. L. 100–26, § 7(k)(6), Apr. 21, 1987, 101 Stat. 284.) Editorial Notes AMENDMENTS 1987—Pub. L. 100–26, substituted ‘‘The terms ‘cap- tive’ ’’ for ‘‘ ‘Captive’ ’’ in par. (1) and ‘‘The term ‘de- pendent’ ’’ for ‘‘ ‘Dependent’ ’’ in par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 99–399, title VIII, § 806(d)(3), Aug. 27, 1986, 100 Stat. 888, provided that: ‘‘Chapter 110 of title 10, United States Code, as added by paragraph (1), shall apply with respect to persons whose captive status begins after January 21, 1981.’’ § 2182. Educational assistance: dependents of captives (a) Under regulations prescribed by the Presi- dent, the Secretary concerned shall pay (by ad- vancement or reimbursement) a dependent of a person who is in a captive status for expenses in- curred, while attending an educational or train- ing institution, for— (1) subsistence; (2) tuition; (3) fees; (4) supplies; (5) books; (6) equipment; and (7) other educational expenses. (b) Except as provided in section 2184 of this title, payments shall be available under this sec- Page 1723 TITLE 10—ARMED FORCES § 2185 tion for a dependent of a person who is in a cap- tive status for education or training that oc- curs— (1) after that person is in a captive status for not less than 90 days; and (2) on or before— (A) the end of any semester or quarter (as appropriate) that begins before the date on which the captive status of that person ter- minates; (B) the earlier of the end of any course that began before such date or the end of the 16-week period following that date if the educational or training institution is not op- erated on a semester or quarter system; or (C) a date specified by the Secretary con- cerned in order to respond to special cir- cumstances. (c) If a person in a captive status or a former captive dies and the death is incident to the cap- tivity, payments shall be available under this section for a dependent of that person for edu- cation or training that occurs after the date of the death of that person. (d) The provisions of this section shall not apply to any dependent who is eligible for assist- ance under chapter 35 of title 38 or similar as- sistance under any other provision of law. (Added Pub. L. 99–399, title VIII, § 806(d)(1), Aug. 27, 1986, 100 Stat. 887.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to persons whose cap- tive status begins after Jan. 21, 1981, see section 806(d)(3) of Pub. L. 99–399, set out as a note under 2181 of this title. Executive Documents DELEGATION OF FUNCTIONS Functions of the President under this section dele- gated to the Secretary of Defense, see section 3 of Ex. Ord. No. 12598, June 17, 1987, 52 F.R. 23421, set out as a note under section 5569 of Title 5, Government Organi- zation and Employees. § 2183. Educational assistance: former captives (a) In order to respond to special cir- cumstances, the Secretary concerned may pay (by advancement or reimbursement) a person who is a former captive for expenses incurred, while attending an educational or training insti- tution, for— (1) subsistence; (2) tuition; (3) fees; (4) supplies; (5) books; (6) equipment; and (7) other educational expenses. (b) Except as provided in section 2184 of this title, payments shall be available under this sec- tion for a person who is a former captive for education or training that occurs— (1) after the termination of the status of that person as a captive; and (2) on or before— (A) the end of any semester or quarter (as appropriate) that begins before the end of the 10-year period beginning on the date on which the status of that person as a captive terminates; or (B) if the educational or training institu- tion is not operated on a semester or quarter system, the earlier of the end of any course that began before such date or the end of the 16-week period following that date. (c) Payments shall be available under this sec- tion only to the extent that such payments are not otherwise authorized by law. (Added Pub. L. 99–399, title VIII, § 806(d)(1), Aug. 27, 1986, 100 Stat. 888.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to persons whose cap- tive status begins after Jan. 21, 1981, see section 806(d)(3) of Pub. L. 99–399, set out as a note under 2181 of this title. § 2184. Termination of assistance Assistance under this chapter— (1) shall be discontinued for any person whose conduct or progress is unsatisfactory under standards consistent with those estab- lished under section 3524 of title 38; and (2) may not be provided for any person for more than 45 months (or the equivalent in other than full-time education or training). (Added Pub. L. 99–399, title VIII, § 806(d)(1), Aug. 27, 1986, 100 Stat. 888; amended Pub. L. 103–337, div. A, title X, § 1070(e)(7), Oct. 5, 1994, 108 Stat. 2859.) Editorial Notes AMENDMENTS 1994—Par. (1). Pub. L. 103–337 substituted ‘‘3524’’ for ‘‘1724’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to persons whose cap- tive status begins after Jan. 21, 1981, see section 806(d)(3) of Pub. L. 99–399, set out as a note under 2181 of this title. § 2185. Programs to be consistent with programs administered by the Department of Veterans Affairs Regulations prescribed to carry out this chap- ter shall provide that the programs under this chapter shall be consistent with the educational assistance programs under chapters 35 and 36 of title 38. (Added Pub. L. 99–399, title VIII, § 806(d)(1), Aug. 27, 1986, 100 Stat. 888; amended Pub. L. 101–189, div. A, title XVI, § 1621(a)(7)(A), Nov. 29, 1989, 103 Stat. 1603.) Editorial Notes AMENDMENTS 1989—Pub. L. 101–189 substituted ‘‘the Department of Veterans Affairs’’ for ‘‘the Veterans’ Administration’’ in section catchline.