Pub. L. 107-107, div. A, tit. V, subtit. E, sec. 542
IMPROVED BENEFITS UNDER THE ARMY COLLEGE FIRST PROGRAM.
SEC. 542. IMPROVED BENEFITS UNDER THE ARMY COLLEGE FIRST PROGRAM. (a) Increased Maximum Period of Delayed Entry.—Section 573 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 623; 10 U.S.C. 513 note) is amended— (1) in subsection (b)— (A) by striking the matter preceding paragraph (1) and inserting the following: “(b) Delayed Entry With Allowance for Higher Education.—Under the pilot program, the Secretary may— “(1) exercise the authority under section 513 of title 10, United States Code—”; (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and realigning those subparagraphs four ems from the left margin; 115 STAT. 1111 (C) at the end of subparagraph (A), as so redesignated, by inserting “and” after the semicolon; and (D) in subparagraph (B), as so redesignated, by striking “two years after the date of such enlistment as a Reserve under paragraph (1)” and inserting “the maximum period of delay determined for that person under subsection (c)”; and (2) in subsection (c)— (A) by striking “paragraph (2)” and inserting “paragraph (1)(B)”; (B) by striking “two-year period” and inserting “30-month period”; and (C) by striking “paragraph (1)” and inserting “paragraph (1)(A)”. (b) Allowance Eligibility and Amount.—(1) Such section is further amended— (A) in subsection (b), by striking paragraph (3) and inserting the following: “(2) subject to paragraph (2) of subsection (d) and except as provided in paragraph (3) of that subsection, pay an allowance to a person accepted for enlistment under paragraph (1)(A) for each month of the period during which that person is enrolled in and pursuing a program described in paragraph (1)(B)”; and (B) in subsection (d)— (i) by redesignating paragraph (2) as paragraph (4); (ii) by striking paragraph (1) and inserting the following new paragraphs: “(1) The monthly allowance paid under subsection (b)(2) shall be equal to the amount of the subsistence allowance provided for certain members of the Senior Reserve Officers’ Training Corps with the corresponding number of years of participation under section 209(a) of title 37, United States Code. “(2) An allowance may not be paid to a person under this section for more than 24 months. “(3) A member of the Selected Reserve of a reserve component may be paid an allowance under this section only for months during which the member performs satisfactorily as a member of a unit of the reserve component that trains as prescribed in section 10147(a)(1) of title 10, United States Code, or section 502(a) of title 32, United States Code. Satisfactory performance shall be determined under regulations prescribed by the Secretary.”. (2) The heading for such subsection is amended by striking “Amount of”. (c) Ineligibility for Loan Repayments; Recoupment.—Such section is further amended— (1) by redesignating subsections (e), (f), and (g) as subsections (g), (h), and (i), respectively; and (2) by inserting after subsection (d) the following new subsections: “(e) Ineligibility for Loan Repayments.—A person who has received an allowance under this section is not eligible for any benefits under chapter 109 of title 10, United States Code. “(f) Recoupment of Allowance.—(1) A person who, after receiving an allowance under this section, fails to complete the total period of service required of that person in connection with delayed entry authorized for the person under section 513 of title 115 STAT. 111210, United States Code, shall repay the United States the amount which bears the same ratio to the total amount of that allowance paid to the person as the unserved part of the total required period of service bears to the total period. “(2) An obligation to repay the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. “(3) A discharge of a person in bankruptcy under title 11, United States Code, that is entered less than five years after the date on which the person was, or was to be, enlisted in the regular Army pursuant to the delayed entry authority under section 513 of title 10, United States Code, does not discharge that person from a debt arising under paragraph (1). “(4) The Secretary of the Army may waive, in whole or in part, a debt arising under paragraph (1) in any case for which the Secretary determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States.”. (d) Effective Date.—The amendments made by this section shall apply with respect to persons who, on or after the date of the enactment of this Act, are enlisted as described in subsection (a) of section 513 of title 10, United States Code, with delayed entry authorized under that section.