
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC16401]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
  PART IV--TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL ASSISTANCE 
                                PROGRAMS
 
           CHAPTER 1611--OTHER EDUCATIONAL ASSISTANCE PROGRAMS
 
Sec. 16401. Marine Corps Platoon Leaders Class: college tuition 
        assistance program
        
    (a) Authority.--The Secretary of the Navy may provide financial 
assistance to an eligible member of the Marine Corps Reserve for 
expenses of the member while the member is pursuing on a full-time basis 
at an institution of higher education a program of education approved 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 Platoon Leaders Class 
    program and have successfully completed one six-week (or longer) 
    increment of military training required under that program;
        (B) be enrolled on a full-time basis in a program 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 paragraph (1)(C) is an 
agreement between the member and the Secretary in which the member 
agrees--
        (A) to accept an appointment as a commissioned 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 
    anniversary of the date of the appointment.

    (c) Covered Expenses.--Expenses for which financial assistance may 
be provided under this section are--
        (1) tuition and fees charged by the institution 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 assistance provided to a member 
under this section shall be prescribed by the Secretary, but may not 
exceed $5,200 for any academic year.
    (e) Limitations.--(1) Financial assistance may be provided to a 
member under this section only for three consecutive academic years.
    (2) Not more than 1,200 members may participate in the financial 
assistance program under this section in any academic year.
    (f) Failure To Complete Program.--(1) An enlisted 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 may be required to repay the full amount 
of financial assistance, if the member--
        (A) completes the military and academic requirements of the 
    Marine Corps Platoon Leaders Class program and refuses to accept an 
    appointment as a commissioned officer in the Marine Corps when 
    offered or, if already a commissioned officer in the Marine Corps, 
    refuses to accept an assignment on active duty when offered;
        (B) fails to complete the military or academic requirements of 
    the Marine Corps Platoon Leaders Class program; or
        (C) is disenrolled from the Marine Corps Platoon Leaders Class 
    program for failure to maintain eligibility for an original 
    appointment as a commissioned officer under section 532 of this 
    title.

    (2) The Secretary of the Navy may waive the requirements 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 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 member of the Marine Corps due to a physical or 
    medical condition that was not the result of misconduct or grossly 
    negligent conduct; or
        (C) fails to complete the military or academic requirements of 
    the Marine Corps Platoon Leaders Class program due to a circumstance 
    not within the control of the person.

    (g) Institution of Higher Education Defined.--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, Sec. 551(a)(1), Oct. 5, 1999, 
113 Stat. 612; amended Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 533(a)-(d), (f)], Oct. 30, 2000, 114 Stat. 1654, 1654A-110, 1654A-
111.)


                               Amendments

    2000--Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec. 533(f)(1)], 
substituted ``Class: college tuition assistance program'' for ``Class 
program: officer candidates pursuing degrees'' in section catchline.
    Subsec. (a). Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 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, Sec. 1 [[div. A], title V, 
Sec. 533(c)], substituted ``four'' for ``three''.
    Subsec. (b)(1). Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 533(a)(2)(A)], substituted ``a member'' for ``an enlisted member'' 
in introductory provisions.
    Subsec. (b)(1)(A). Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 533(a)(2)(B)], substituted ``a member of'' for ``an officer 
candidate in''.
    Subsec. (b)(1)(B). Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 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 paragraph (2);''.
    Subsec. (b)(1)(C), (D). Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 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, Sec. 1 [[div. A], title V, 
Sec. 533(b)(2)-(4)], redesignated par. (3) as (2), substituted 
``paragraph (1)(C)'' for ``paragraph (1)(D)'' in introductory 
provisions, and struck out former par. (2) which read as follows:
    ``(2)(A) In the case of a member pursuing a baccalaureate degree, 
the member meets the age requirements 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, except 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 jurisprudence 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, Sec. 1 [[div. A], title V, 
Sec. 533(d)(1)(A), (B)], in introductory provisions, substituted ``An 
enlisted member who'' for ``A member who'' and inserted ``and an officer 
who receives financial 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, Sec. 1 [[div. A], title V, 
Sec. 533(d)(1)(C)], inserted ``or, if already a commissioned officer in 
the Marine Corps, refuses to accept an assignment on active duty when 
offered'' after ``when offered''.
    Subsec. (f)(2). Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 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 member of the Marine Corps due to 
a physical or medical condition that was not the result of misconduct or 
grossly negligent conduct.''


                          Transition Provision

    Pub. L. 106-65, div. A, title V, Sec. 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 section 12209 of title 10, United 
States Code, before implementation of a financial assistance program 
under section 16401 of such title (as added by subsection (a)) may, upon 
application, participate in the financial assistance 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).''

                  Section Referred to in Other Sections

    This section is referred to in title 37 section 205.
