
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: 10USC2141]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                    PART III--TRAINING AND EDUCATION
 
  CHAPTER 107--EDUCATIONAL ASSISTANCE FOR PERSONS ENLISTING FOR ACTIVE 
                                  DUTY
 
Sec. 2141. Educational assistance program: establishment

    (a) To encourage enlistments and reenlistments for service on active 
duty in the armed forces, the Secretary of each military department may 
establish a program in accordance with this chapter to provide 
educational assistance to persons enlisting or reenlisting in an armed 
force under his jurisdiction. The costs of any such program shall be 
borne by the Department of Defense, and a person participating in any 
such program may not be required to make any contribution to the 
program.
    (b) The Secretary of Defense shall prescribe regulations for the 
administration of this chapter. Such regulations shall take account of 
the differences among the several armed forces.
    (c) In this chapter, the term ``enlistment'' means original 
enlistment or reenlistment.

(Added Pub. L. 96-342, title IX, Sec. 901(a), Sept. 8, 1980, 94 Stat. 
1111; amended Pub. L. 100-180, div. A, title XII, Sec. 1231(18)(A), Dec. 
4, 1987, 101 Stat. 1161; Pub. L. 100-456, div. A, title XII, 
Sec. 1233(k)(1), Sept. 29, 1988, 102 Stat. 2058.)


                               Amendments

    1988--Subsec. (c). Pub. L. 100-456 inserted ``the term'' after ``In 
this chapter,''.
    1987--Pub. L. 100-180, which directed that subsec. (c) be amended by 
inserting ``the term'' after ``In this section,'', could not be executed 
because that phrase did not appear. See 1988 Amendment note above.


   Repayment of Loans for Service in the Armed Forces; Authorization, 
                             Criteria, Etc.

    Section 902 of Pub. L. 96-342, as amended by Pub. L. 97-86, title 
IV, Sec. 406, Dec. 1, 1981, 95 Stat. 1106; Pub. L. 98-94, title X, 
Sec. 1034, Sept. 24, 1983, 97 Stat. 672; Pub. L. 98-525, title VII, 
Sec. 709, Oct. 19, 1984, 98 Stat. 2572, provided that the Secretary of 
Defense could repay any loan made, insured, or guaranteed under part B 
of the Higher Education Act of 1965, or any loan made under part E of 
that Act, after Oct. 1, 1975, and further provided for the 
administration and criteria for such repayment, prior to repeal by Pub. 
L. 99-145, title VI, Sec. 671(a)(3), Nov. 8, 1985, 99 Stat. 663. See 
section 2171 et seq. of this title.


Educational Assistance Pilot Program; Payment of Monthly Contribution by 
               Secretary; Manner, Scope, Etc., of Payments

    Section 903 of Pub. L. 96-342 provided that:
    ``(a)(1) As a means of encouraging enlistments and reenlistments in 
the Armed Forces, the Secretary of Defense, on behalf of any person who 
enlists or reenlists in the Armed Forces after September 30, 1980, and 
before October 1, 1981, and who elects or has elected to participate in 
the Post-Vietnam Era Veterans' Educational Assistance Program provided 
for under chapter 32 of title 38, United States Code, may pay the 
monthly contribution otherwise deducted from the military pay of such 
person. No deduction may be made under section 1622 [now 3222] of title 
38, United States Code, from the military pay of any person for any 
month to the extent that the contribution otherwise required to be made 
by such person under such section for such month is paid by the 
Secretary of Defense.
    ``(2) No payment may be made under this section on behalf of any 
person for any month before the month in which such person enlisted or 
reenlisted in the Armed Forces or for any month before October 1980.
    ``(b) The amount paid by the Secretary of Defense under this section 
on behalf of any person shall be deposited to the credit of such person 
in the Post-Vietnam Era Veterans Education Account established under 
section 1622(a) [now 3222(a)] of title 38, United States Code.
    ``(c)(1) Except as provided in paragraph (2), the provisions of 
chapter 32 of title 38, United States Code, shall be applicable to 
payments made by the Secretary of Defense under this section.
    ``(2) Notwithstanding the provisions of section 1631(a)(4) [now 
3231(a)(4)] of title 38, United States Code, the Secretary of Defense, 
in the case of any person who enlists or reenlists in the Armed Forces 
or any officer who is ordered to active duty with the Armed Forces after 
September 30, 1980, and before October 1, 1981, or whose active duty 
obligation with the Armed Forces is extended after September 30, 1980, 
and before October 1, 1981, and who is a participant in the educational 
assistance program described in subsection (a), may make monthly 
payments out of the Post-Vietnam Era Veterans Education Account to the 
spouse or child of such person to assist such spouse or child in the 
pursuit of a program of education. Payments under this subsection may be 
made to the spouse or child of a person participating in such 
educational assistance program only upon the request of such person and 
only for such period of time as may be specified by such person. The 
total amount paid under this subsection in the case of any spouse or 
child may not exceed the amount credited to such person in the Post-
Vietnam Era Veterans Education Account.
    ``(d)(1) The authority conferred on the Secretary of Defense under 
this section shall be used by the Secretary 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 section 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

    Section 904 of Pub. L. 96-342 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.

    Section 905 of Pub. L. 96-342 directed Secretary of Defense to 
submit to Congress, quarterly for fiscal year 1981, a report on the 
implementation and operation of the educational assistance 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 
extent to which the educational assistance program provided for under 
chapter 107 of this title, the Post-Vietnam Era Veterans' Educational 
Assistance Program provided for under chapter 32 of title 38, and the 
program established under section 902 of Pub. L. 96-342 have encouraged 
persons to enter or remain in the Armed Forces.

                  Section Referred to in Other Sections

    This section is referred to in section 2143 of this title.
