10 U.S.C. § 2147 — Right of member after reenlisting to

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 Page 1700 TITLE 10—ARMED FORCES § 2148 after the completion of four years of active serv- ice of that second reenlistment if that reenlist- ment was for a period of at least six years. (C) A transfer under this paragraph may be re- voked at any time by the person making the transfer. (2) If a person described in paragraph (1) dies before making an election authorized by such paragraph but has never made an election not to transfer such entitlement, any unused entitle- ment of such person shall be automatically transferred to such person’s surviving spouse or (if there is no eligible surviving spouse) to such person’s dependent children. A surviving spouse to whom entitlement to educational assistance is transferred under this paragraph may elect to transfer such entitlement to the dependent chil- dren of the person whose service established such entitlement. (3) Any transfer of entitlement under this sub- section shall be made in accordance with regula- tions prescribed by the Secretary of the military department concerned. (b) A spouse or surviving spouse or a depend- ent child to whom entitlement is transferred under subsection (a) is entitled to educational assistance under this chapter in the same man- ner and at the same rate as the person from whom the entitlement was transferred. (c) The total amount of educational assistance available to a person entitled to educational as- sistance under section 2142 of this title and to the person’s spouse, surviving spouse, and de- pendent children is the amount of educational assistance to which the person is entitled. If more than one person is being provided edu- cational assistance for the same period by virtue of the entitlement of the same person, the sub- sistence allowance authorized by section 2144 of this title shall be divided in such manner as the person may specify or (if the person fails to specify) as the Secretary concerned may pre- scribe. (d) In this section: (1) The term ‘‘dependent child’’ has the meaning given the term ‘‘dependent’’ in sec- tion 1072(2)(D) of this title. (2) The term ‘‘surviving spouse’’ means a widow or widower who is not remarried. (Added Pub. L. 96–342, title IX, § 901(a), Sept. 8, 1980, 94 Stat. 1113; amended Pub. L. 97–22, § 10(b)(3), July 10, 1981, 95 Stat. 137; Pub. L. 99–145, title VI, § 673, Nov. 8, 1985, 99 Stat. 664; Pub. L. 100–180, div. A, title XII, § 1231(17), Dec. 4, 1987, 101 Stat. 1161.) Editorial Notes AMENDMENTS 1987—Subsec. (d)(1), (2). Pub. L. 100–180 inserted ‘‘The term’’ after each par. designation and revised first word in quotes in each par. to make initial letter of such word lowercase. 1985—Subsec. (a)(1). Pub. L. 99–145 designated existing first sentence as subpar. (A), added subpar. (B), and in- corporated existing second sentence as subpar. (C). 1981—Subsec. (d)(1). Pub. L. 97–22 substituted ‘‘section 1072(2)(D) of this title’’ for ‘‘section 1072(2)(E) of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97–22, § 10(b), July 10, 1981, 95 Stat. 137, pro- vided that the amendment made by that section is ef- fective Sept. 15, 1981. § 2148. Duration of entitlement The entitlement of any person to educational assistance under this chapter expires at the end of the ten-year period beginning on the date of the retirement or discharge or other separation from active duty of the person upon whose serv- ice such entitlement is based. In the case of a member entitled to educational assistance under this chapter who dies while on active duty and whose entitlement is transferred to a spouse or dependent child, such entitlement expires at the end of the ten-year period beginning on the date of such member’s death. (Added Pub. L. 96–342, title IX, § 901(a), Sept. 8, 1980, 94 Stat. 1114.) § 2149. Applications for educational assistance To receive educational assistance benefits under this chapter, a person entitled to such as- sistance under section 2142 or 2147 of this title shall submit an application for such assistance to the Secretary concerned in such form and manner as the Secretary concerned may pre- scribe. (Added Pub. L. 96–342, title IX, § 901(a), Sept. 8, 1980, 94 Stat. 1114.) CHAPTER 107—PROFESSIONAL MILITARY EDUCATION Sec. 2151. Definitions. 2152. Joint professional military education: gen- eral requirements. 2153. Capstone course: newly selected general and flag officers. 2154. Joint professional military education: three- phase approach. 2155. Joint professional military education Phase II program of instruction. 2156. Joint Forces Staff College: duration of prin- cipal course of instruction. [2157. Repealed.] Editorial Notes PRIOR PROVISIONS A prior chapter 107 was renumbered chapter 106A of this title. AMENDMENTS 2017—Pub. L. 115–91, div. A, title X, § 1051(a)(10)(B), Dec. 12, 2017, 131 Stat. 1561, struck out item 2157 ‘‘An- nual report to Congress’’. 2006—Pub. L. 109–364, div. A, title X, § 1071(a)(12), (13), Oct. 17, 2006, 120 Stat. 2399, substituted ‘‘Joint profes- sional’’ for ‘‘Professional’’ in item 2152 and ‘‘Phase’’ for ‘‘phase’’ in item 2155. § 2151. Definitions (a) JOINT PROFESSIONAL MILITARY EDU- CATION.—Joint professional military education consists of the rigorous and thorough instruc- tion and examination of officers of the armed forces in an environment designed to promote a theoretical and practical in-depth understanding