-CITE-

10 USC CHAPTER 1606 - EDUCATIONAL ASSISTANCE FOR MEMBERS

OF THE SELECTED RESERVE 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART IV - TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL

ASSISTANCE PROGRAMS

CHAPTER 1606 - EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED

RESERVE

.

-HEAD-

CHAPTER 1606 - EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED

RESERVE

-MISC1-

Sec.

16131. Educational assistance program: establishment; amount.

16132. Eligibility for educational assistance.

16133. Time limitation for use of entitlement.

16134. Termination of assistance.

16135. Failure to participate satisfactorily; penalties.

16136. Administration of program.

16137. Biennial report to Congress.

AMENDMENTS

1999 - Pub. L. 106-65, div. A, title V, Sec. 548(b), Oct. 5,

1999, 113 Stat. 609, substituted ''Biennial report to Congress''

for ''Reports to Congress'' in item 16137.

1996 - Pub. L. 104-106, div. A, title XV, Sec. 1501(b)(33), Feb.

10, 1996, 110 Stat. 498, substituted ''limitation'' for

''limitations'' in item 16133.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 510, 2006, 2131 of this

title; title 20 section 6674; title 26 section 25A; title 38

sections 3485, 3695.

-CITE-

10 USC Sec. 16131 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART IV - TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL

ASSISTANCE PROGRAMS

CHAPTER 1606 - EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED

RESERVE

-HEAD-

Sec. 16131. Educational assistance program: establishment; amount

-STATUTE-

(a) To encourage membership in units of the Selected Reserve of

the Ready Reserve, the Secretary of each military department, under

regulations prescribed by the Secretary of Defense, and the

Secretary of Homeland Security, under regulations prescribed by the

Secretary with respect to the Coast Guard when it is not operating

as a service in the Navy, shall establish and maintain a program to

provide educational assistance to members of the Selected Reserve

of the Ready Reserve of the armed forces under the jurisdiction of

the Secretary concerned who agree to remain members of the Selected

Reserve for a period of not less than six years.

(b)(1) Except as provided in subsections (d) through (f), each

educational assistance program established under subsection (a)

shall provide for payment by the Secretary concerned, through the

Secretary of Veterans Affairs, to each person entitled to

educational assistance under this chapter who is pursuing a program

of education of an educational assistance allowance at the

following rates:

(A) $251 (as increased from time to time under paragraph (2))

per month for each month of full-time pursuit of a program of

education;

(B) $188 (as increased from time to time under paragraph (2))

per month for each month of three-quarter-time pursuit of a

program of education;

(C) $125 (as increased from time to time under paragraph (2))

per month for each month of half-time pursuit of a program of

education; and

(D) an appropriately reduced rate, as determined under

regulations which the Secretary of Veterans Affairs shall

prescribe, for each month of less than half-time pursuit of a

program of education, except that no payment may be made to a

person for less than half-time pursuit if tuition assistance is

otherwise available to the person for such pursuit from the

military department concerned.

(2) With respect to any fiscal year, the Secretary shall provide

a percentage increase (rounded to the nearest dollar) in the rates

payable under subparagraphs (A), (B), and (C) of paragraph (1)

equal to the percentage by which -

(A) the Consumer Price Index (all items, United States city

average) for the 12-month period ending on the June 30 preceding

the beginning of the fiscal year for which the increase is made,

exceeds

(B) such Consumer Price Index for the 12-month period preceding

the 12-month period described in subparagraph (A).

(c)(1) Educational assistance may be provided under this chapter

for pursuit of any program of education that is an approved program

of education for purposes of chapter 30 of title 38.

(2) Subject to section 3695 of title 38, the maximum number of

months of educational assistance that may be provided to any person

under this chapter is 36 (or the equivalent thereof in part-time

educational assistance).

(3)(A) Notwithstanding any other provision of this chapter or

chapter 36 of title 38, any payment of an educational assistance

allowance described in subparagraph (B) of this paragraph shall not

-

(i) be charged against the entitlement of any individual under

this chapter; or

(ii) be counted toward the aggregate period for which section

3695 of title 38 limits an individual's receipt of assistance.

(B) The payment of the educational assistance allowance referred

to in subparagraph (A) of this paragraph is the payment of such an

allowance to the individual for pursuit of a course or courses

under this chapter if the Secretary of Veterans Affairs finds that

the individual -

(i) had to discontinue such course pursuit as a result of being

ordered to serve on active duty under section 12301(a), 12301(d),

12301(g), 12302, or 12304 of this title; and

(ii) failed to receive credit or training time toward

completion of the individual's approved educational,

professional, or vocational objective as a result of having to

discontinue, as described in clause (i), the individual's course

pursuit.

(C) The period for which, by reason of this subsection, an

educational assistance allowance is not charged against entitlement

or counted toward the applicable aggregate period under section

3695 of title 38 shall not exceed the portion of the period of

enrollment in the course or courses for which the individual failed

to receive credit or with respect to which the individual lost

training time, as determined under subparagraph (B)(ii).

(d)(1) Except as provided in paragraph (2), the amount of the

monthly educational assistance allowance payable to a person

pursuing a full-time program of apprenticeship or other on-the-job

training under this chapter is -

(A) for each of the first six months of the person's pursuit of

such program, 75 percent of the monthly educational assistance

allowance otherwise payable to such person under this chapter;

(B) for each of the second six months of the person's pursuit

of such program, 55 percent of such monthly educational

assistance allowance; and

(C) for each of the months following the first 12 months of the

person's pursuit of such program, 35 percent of such monthly

educational assistance allowance.

(2) In any month in which any person pursuing a program of

education consisting of a program of apprenticeship or other

on-the-job training fails to complete 120 hours of training, the

amount of the monthly educational assistance allowance payable

under this chapter to the person shall be limited to the same

proportion of the applicable full-time rate as the number of hours

worked during such month, rounded to the nearest 8 hours, bears to

120 hours.

(3)(A) Except as provided in subparagraph (B), for each month

that such person is paid a monthly educational assistance allowance

under this chapter, the person's entitlement under this chapter

shall be charged at the rate of -

(i) 75 percent of a month in the case of payments made in

accordance with paragraph (1)(A);

(ii) 55 percent of a month in the case of payments made in

accordance with paragraph (1)(B); and

(iii) 35 percent of a month in the case of payments made in

accordance with paragraph (1)(C).

(B) Any such charge to the entitlement shall be reduced

proportionately in accordance with the reduction in payment under

paragraph (2).

(e)(1)(A) The amount of the educational assistance allowance

payable under this chapter to a person who enters into an agreement

to pursue, and is pursuing, a program of education exclusively by

correspondence is an amount equal to 55 percent of the established

charge which the institution requires nonveterans to pay for the

course or courses pursued by such person.

(B) For purposes of subparagraph (A), the term ''established

charge'' means the lesser of -

(i) the charge for the course or courses determined on the

basis of the lowest extended time payment plan offered by the

institution and approved by the appropriate State approving

agency; or

(ii) the actual charge to the person for such course or

courses.

(C) Such allowance shall be paid quarterly on a pro rata basis

for the lessons completed by the person and serviced by the

institution.

(2) In each case in which the amount of educational assistance is

determined under paragraph (1), the period of entitlement of the

person concerned shall be charged with one month for each amount

equal to the amount of the monthly rate payable under subsection

(b)(1)(A) for the fiscal year concerned which is paid to the

individual as an educational assistance allowance.

(f)(1) Each individual who is pursuing a program of education

consisting exclusively of flight training approved as meeting the

requirements of section 16136(c) of this title shall be paid an

educational assistance allowance under this chapter in the amount

equal to 60 percent of the established charges for tuition and fees

which similarly circumstanced nonveterans enrolled in the same

flight course are required to pay.

(2) No educational assistance allowance may be paid under this

chapter to an individual for any month during which such individual

is pursuing a program of education consisting exclusively of flight

training until the Secretary has received from that individual and

the institution providing such training a certification of the

flight training received by the individual during that month and

the tuition and other fees charged for that training.

(3) The period of entitlement of an individual pursuing a program

of education described in paragraph (1) shall be charged with one

month for each amount equal to the amount of the monthly rate

payable under subsection (b)(1)(A) for the fiscal year concerned

which is paid to that individual as an educational assistance

allowance for such program.

(4) The number of solo flying hours for which an individual may

be paid an educational assistance allowance under this subsection

may not exceed the minimum number of solo flying hours required by

the Federal Aviation Administration for the flight rating or

certification which is the goal of the individual's flight

training.

(g)(1)(A) Subject to subparagraph (B), the Secretary of Veterans

Affairs shall approve individualized tutorial assistance for any

person entitled to educational assistance under this chapter who -

(i) is enrolled in and pursuing a postsecondary course of

education on a half-time or more basis at an educational

institution; and

(ii) has a deficiency in a subject required as a part of, or

which is prerequisite to, or which is indispensable to the

satisfactory pursuit of, the program of education.

(B) The Secretary of Veterans Affairs shall not approve

individualized tutorial assistance for a person pursuing a program

of education under this paragraph unless such assistance is

necessary for the person to successfully complete the program of

education.

(2)(A) Subject to subparagraph (B), the Secretary concerned,

through the Secretary of Veterans Affairs, shall pay to a person

receiving individualized tutorial assistance pursuant to paragraph

(1) a tutorial assistance allowance. The amount of the allowance

payable under this paragraph may not exceed $100 for any month, nor

aggregate more than $1,200. The amount of the allowance paid under

this paragraph shall be in addition to the amount of educational

assistance allowance payable to a person under this chapter.

(B) A tutorial assistance allowance may not be paid to a person

under this paragraph until the educational institution at which the

person is enrolled certifies that -

(i) the individualized tutorial assistance is essential to

correct a deficiency of the person in a subject required as a

part of, or which is prerequisite to, or which is indispensable

to the satisfactory pursuit of, an approved program of education;

(ii) the tutor chosen to perform such assistance is qualified

to provide such assistance and is not the person's parent,

spouse, child (whether or not married or over eighteen years of

age), brother, or sister; and

(iii) the charges for such assistance do not exceed the

customary charges for such tutorial assistance.

(3)(A) A person's period of entitlement to educational assistance

under this chapter shall be charged only with respect to the amount

of tutorial assistance paid to the person under this subsection in

excess of $600.

(B) A person's period of entitlement to educational assistance

under this chapter shall be charged at the rate of one month for

each amount of assistance paid to the individual under this section

in excess of $600 that is equal to the amount of the monthly

educational assistance allowance which the person is otherwise

eligible to receive for full-time pursuit of an institutional

course under this chapter.

(h) A program of education in a course of instruction beyond the

baccalaureate degree level shall be provided under this chapter,

subject to the availability of appropriations.

(i)(1) In the case of a person who has a skill or specialty

designated by the Secretary concerned as a skill or specialty in

which there is a critical shortage of personnel or for which it is

difficult to recruit or, in the case of critical units, retain

personnel, the Secretary concerned may increase the rate of the

educational assistance allowance applicable to that person to such

rate in excess of the rate prescribed under subparagraphs (A)

through (D) of subsection (b)(1) as the Secretary of Defense

considers appropriate, but the amount of any such increase may not

exceed $350 per month.

(2) In the case of a person who has a skill or specialty

designated by the Secretary concerned as a skill or specialty in

which there is a critical shortage of personnel or for which it is

difficult to recruit or, in the case of critical units, retain

personnel, who is eligible for educational benefits under chapter

30 (other than section 3012) of title 38 and who meets the

eligibility criteria specified in subparagraphs (A) and (B) of

section 16132(a)(1) of this title, the Secretary concerned may

increase the rate of the educational assistance allowance

applicable to that person to such rate in excess of the rate

prescribed under section 3015 of title 38 as the Secretary of

Defense considers appropriate, but the amount of any such increase

may not exceed $350 per month.

(3) The authority provided by paragraphs (1) and (2) shall be

exercised by the Secretaries concerned under regulations prescribed

by the Secretary of Defense.

-SOURCE-

(Added Pub. L. 95-79, title IV, Sec. 402(a), July 30, 1977, 91

Stat. 328, Sec. 2131; amended Pub. L. 96-107, title IV, Sec.

402(a), Nov. 9, 1979, 93 Stat. 808; Pub. L. 96-342, title IX, Sec.

906(a)(1), Sept. 8, 1980, 94 Stat. 1117; Pub. L. 96-513, title V,

Sec. 511(68), Dec. 12, 1980, 94 Stat. 2926; Pub. L. 98-525, title

VII, Sec. 705(a)(1), Oct. 19, 1984, 98 Stat. 2565; Pub. L. 100-689,

title I, Sec. 110(a), 111(b)(1), Nov. 18, 1988, 102 Stat. 4170,

4172; Pub. L. 101-189, div. A, title VI, Sec. 642(a), (b),

645(a)(1), (b)(1), Nov. 29, 1989, 103 Stat. 1456, 1458; Pub. L.

101-237, title IV, Sec. 422(b)(2), Dec. 18, 1989, 103 Stat. 2089;

Pub. L. 102-25, title III, Sec. 337(b), Apr. 6, 1991, 105 Stat. 90;

Pub. L. 102-127, Sec. 2(d), Oct. 10, 1991, 105 Stat. 621; Pub. L.

102-568, title III, Sec. 301(b), (d), 310(b), 318, 320(a)(1), Oct.

29, 1992, 106 Stat. 4326, 4330, 4334, 4335; Pub. L. 103-66, title

XII, Sec. 12009(b), Aug. 10, 1993, 107 Stat. 416; Pub. L. 103-160,

div. A, title V, Sec. 518, Nov. 30, 1993, 107 Stat. 1651;

renumbered Sec. 16131 and amended Pub. L. 103-337, div. A, title

XVI, Sec. 1663(b)(2), (3), Oct. 5, 1994, 108 Stat. 3006, 3007; Pub.

L. 104-106, div. A, title X, Sec. 1076, Feb. 10, 1996, 110 Stat.

450; Pub. L. 104-275, title I, Sec. 105(d), Oct. 9, 1996, 110 Stat.

3327; Pub. L. 105-85, div. A, title V, Sec. 553(a), Nov. 18, 1997,

111 Stat. 1748; Pub. L. 105-178, title VIII, Sec. 8203(b)(1)-(3),

June 9, 1998, 112 Stat. 493, 494; Pub. L. 106-65, div. A, title X,

Sec. 1066(a)(33), Oct. 5, 1999, 113 Stat. 772; Pub. L. 107-296,

title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation''.

1999 - Subsec. (b)(1). Pub. L. 106-65 inserted ''in'' after

''Except as provided'' in introductory provisions.

1998 - Subsec. (b)(1). Pub. L. 105-178, Sec. 8203(b)(3), struck

out ''in paragraph (2) and'' after ''Except as provided'' in

introductory provisions.

Subsec. (b)(1)(A). Pub. L. 105-178, Sec. 8203(b)(1)(A),

substituted ''$251 (as increased from time to time under paragraph

(2))'' for ''$190''.

Subsec. (b)(1)(B). Pub. L. 105-178, Sec. 8203(b)(1)(B),

substituted ''$188 (as increased from time to time under paragraph

(2))'' for ''$143''.

Subsec. (b)(1)(C). Pub. L. 105-178, Sec. 8203(b)(1)(C),

substituted ''$125 (as increased from time to time under paragraph

(2))'' for ''$95''.

Subsec. (b)(2). Pub. L. 105-178, Sec. 8203(b)(2), in introductory

provisions, substituted '', the Secretary shall provide a

percentage increase (rounded to the nearest dollar) in the rates

payable under subparagraphs (A), (B), and (C) of paragraph (1)''

for ''beginning on or after October 1, 1994, the Secretary shall

continue to pay, in lieu of the rates payable under subparagraphs

(A), (B), and (C) of paragraph (1), the monthly rates payable under

this paragraph for the previous fiscal year and shall provide, for

any such fiscal year, a percentage increase in such rates''.

1997 - Subsec. (c)(3)(B)(i). Pub. L. 105-85 struck out '', in

connection with the Persian Gulf War,'' after ''being ordered''.

1996 - Subsec. (b)(1). Pub. L. 104-275, Sec. 105(d)(2),

substituted ''(f)'' for ''(g)''.

Subsecs. (e) to (i). Pub. L. 104-275, Sec. 105(d)(1),

redesignated subsecs. (f) to (j) as (e) to (i), respectively, and

struck out former subsec. (e) which read as follows:

''(e)(1) The amount of the monthly educational assistance

allowance payable to a person pursuing a cooperative program under

this chapter shall be 80 percent of the monthly allowance otherwise

payable to such person under this chapter.

''(2) For each month that a person is paid a monthly educational

assistance allowance for pursuit of a cooperative program under

this chapter, the person's entitlement under this chapter shall be

charged at the rate of 80 percent of a month.''

Subsec. (j). Pub. L. 104-275, Sec. 105(d)(1), redesignated

subsec. (j) as (i).

Pub. L. 104-106 added subsec. (j).

1994 - Pub. L. 103-337, Sec. 1663(b)(2), renumbered section 2131

of this title as this section.

Subsec. (c)(3)(B)(i). Pub. L. 103-337, Sec. 1663(b)(3)(A),

substituted ''12301(a), 12301(d), 12301(g), 12302, or 12304'' for

''672(a), (d), or (g), 673, or 673b''.

Subsec. (g)(1). Pub. L. 103-337, Sec. 1663(b)(3)(B), substituted

''16136(c)'' for ''2136(c)''.

1993 - Subsec. (b)(2). Pub. L. 103-66 struck out subpar. (A),

struck out subpar. (B) designation before ''With respect to'',

redesignated former cls. (i) and (ii) as subpars. (A) and (B),

respectively, and in subpar. (B) substituted ''subparagraph (A)''

for ''clause (i)''. Prior to amendment, subpar. (A) read as

follows: ''With respect to the fiscal year beginning on October 1,

1993, the Secretary shall provide a percentage increase in the

monthly rates payable under subparagraphs (A), (B), and (C) of

paragraph (1) equal to the percentage by which the Consumer Price

Index (all items, United States city average, published by the

Bureau of Labor Statistics) for the 12-month period ending June 30,

1993, exceeds such Consumer Price Index for the 12-month period

ending June 30, 1992.''

Subsec. (c)(1). Pub. L. 103-160, Sec. 518(1), struck out ''other

than a program of education in a course of instruction beyond the

baccalaureate degree level'' after ''title 38''.

Subsec. (i). Pub. L. 103-160, Sec. 518(2), added subsec. (i).

1992 - Subsec. (b)(1). Pub. L. 102-568, Sec. 301(b), substituted

''$190'' for ''$140'' in subpar. (A), ''$143'' for ''$105'' in

subpar. (B), and ''$95'' for ''$70'' in subpar. (C).

Subsec. (b)(2)(A). Pub. L. 102-568, Sec. 301(d)(1), (2),

redesignated subpar. (B) as (A), substituted ''shall provide a

percentage increase in the monthly rates payable under

subparagraphs (A), (B), and (C) of paragraph (1)'' for ''may

continue to pay, in lieu of the rates payable under subparagraphs

(A), (B), and (C) of paragraph (1), the monthly rates payable under

subparagraph (A) of this paragraph and may provide a percentage

increase in such rates'', and struck out former subpar. (A) which

read as follows: ''During the period beginning on October 1, 1991,

and ending on September 30, 1993, the monthly rates payable under

subparagraphs (A), (B), and (C) of paragraph (1) shall be $170,

$128, and $85, respectively.''

Subsec. (b)(2)(B), (C). Pub. L. 102-568, Sec. 301(d)(3),

redesignated subpar. (C) as (B) and substituted ''shall continue''

for ''may continue'' and ''shall provide'' for ''may provide'' in

introductory provisions. Former subpar. (B) redesignated (A).

Subsec. (c)(2). Pub. L. 102-568, Sec. 320(a)(1)(A), substituted

''section 3695 of title 38'' for ''section 1795 of title 38''.

Subsec. (c)(3)(B)(ii). Pub. L. 102-568, Sec. 320(a)(1)(B),

substituted '', the individual's'' for ''of this subparagraph, his

or her''.

Subsec. (c)(3)(C). Pub. L. 102-568, Sec. 320(a)(1)(C), struck out

''of this paragraph'' after ''subparagraph (B)(ii)''.

Subsec. (g)(1). Pub. L. 102-568, Sec. 310(b)(1), struck out

''(other than tuition and fees charged for or attributable to solo

flying hours)'' after ''tuition and fees''.

Subsec. (g)(4). Pub. L. 102-568, Sec. 310(b)(2), added par. (4).

Subsec. (h). Pub. L. 102-568, Sec. 318, added subsec. (h).

1991 - Subsec. (b). Pub. L. 102-25, Sec. 337(b)(1), designated

existing provisions as par. (1) and substituted ''Except as

provided in paragraph (2) and'' for ''Except as provided in'',

redesignated former pars. (1) to (4) as subpars. (A) to (D),

respectively, and added par. (2).

Subsec. (c)(3). Pub. L. 102-127 added par. (3).

Subsecs. (f)(2), (g)(3). Pub. L. 102-25, Sec. 337(b)(2), (3),

substituted ''amount equal to the amount of the monthly rate

payable under subsection (b)(1)(A) for the fiscal year concerned''

for ''$140''.

1989 - Subsec. (b). Pub. L. 101-237, Sec. 422(b)(2)(A), in

introductory provisions, substituted ''subsections (d) through

(g)'' for ''subsections (d) through (f)''.

Pub. L. 101-189, Sec. 645(b)(1), in introductory provisions,

substituted ''of an educational assistance allowance'' for ''and

educational assistance allowance''.

Pub. L. 101-189, Sec. 642(b)(1), in introductory provisions,

substituted ''Except as provided in subsections (d) through (f),

each'' for ''Each'' and inserted '', through the Secretary of

Veterans Affairs,'' after ''Secretary concerned''.

Subsec. (b)(4). Pub. L. 101-189, Sec. 645(a)(1), substituted

''Secretary of Veterans Affairs'' for ''Administrator of Veterans'

Affairs''.

Subsec. (c)(1). Pub. L. 101-189, Sec. 642(a), amended par. (1)

generally. Prior to amendment, par. (1) read as follows:

''Educational assistance may only be provided under this chapter

for pursuit of a program of education at an institution of higher

learning and may not be provided to a person after the person has

completed a course of instruction required for the award of a

baccalaureate degree or the equivalent evidence of completion of

study.''

Subsecs. (d) to (f). Pub. L. 101-189, Sec. 642(b)(2), added

subsecs. (d) to (f).

Subsec. (g). Pub. L. 101-237, Sec. 422(b)(2)(B), added subsec.

(g).

1988 - Subsec. (b)(4). Pub. L. 100-689, Sec. 110(a), added par.

(4).

Subsec. (c)(2). Pub. L. 100-689, Sec. 111(b)(1), inserted ''(or

the equivalent thereof in part-time educational assistance)''

before period at end.

1984 - Pub. L. 98-525 amended section generally, substituting a

schedule of payments at stated monthly rates for full-time,

three-quarter-time, and half-time pursuit of an education program

for former provisions which had set a maximum for any one member of

$1,000 for any twelve-month period and $4,000 for the total

assistance to any one member.

1980 - Subsec. (a). Pub. L. 96-513, Sec. 511(68)(A), substituted

''armed forces'' for ''armed force''.

Subsec. (b)(2). Pub. L. 96-513, Sec. 511(68)(B), inserted ''of

this title'' after ''2132''.

Subsec. (c). Pub. L. 96-342 substituted ''$1,000'' for ''$500''

and ''$4,000'' for ''$2,000''.

Subsec. (d). Pub. L. 96-513, Sec. 511(68)(C), substituted

''Secretary of Education'' for ''Commissioner of Education,

Department of Health, Education, and Welfare''.

1979 - Subsec. (b)(1). Pub. L. 96-107 substituted ''100 percent''

for ''50 percent''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-178, title VIII, Sec. 8203(b)(4), June 9, 1998, 112

Stat. 494, provided that: ''The amendments made by this subsection

(amending this section) shall take effect on October 1, 1998, and

shall apply with respect to educational assistance allowances paid

for months after September 1998. However, no adjustment in rates of

educational assistance shall be made under paragraph (2) of section

16131(b) of title 10, United States Code, as amended by paragraph

(2), for fiscal year 1999.''

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 301(e) of Pub. L. 102-568 provided that:

''(1) The amendments made by this section (amending this section

and section 3015 of Title 38, Veterans' Benefits) shall take effect

on April 1, 1993.

''(2) The amendments made by this section shall not be construed

to change the account from which payment is made for that portion

of a payment under chapter 30 of title 38, United States Code, or

chapter 106 (now 1606) of title 10, United States Code, which is a

Montgomery GI bill rate increase and a title III benefit is paid.

For the purposes of this subsection, the terms 'Montgomery GI bill

rate increase' and 'title III benefit' have the meanings provided

in section 393 of the Persian Gulf Conflict Supplemental

Authorization and Personnel Benefits Act of 1991 (Pub. L. 102-25)

(105 Stat. 99).''

Section 310(d) of Pub. L. 102-568 provided that: ''The amendments

made by this section (amending this section and sections 3032 and

3231 of Title 38) shall apply to flight training received under

chapters 30 and 32 of title 38, United States Code, and chapter 106

(now 1606) of title 10, United States Code, after September 30,

1992.''

EFFECTIVE DATE OF 1989 AMENDMENTS

Section 422(d) of Pub. L. 101-237 provided that: ''The amendments

made by this section (amending this section, section 2136 (now

16136) of this title, and sections 1432 (now 3032) and 1434 (now

3034) of Title 38, Veterans' Benefits) shall take effect on

September 30, 1990.''

Section 642(d) of Pub. L. 101-189 provided that: ''The amendments

made by this section (amending this section and section 2136 (now

16136) of this title) shall apply with respect to any person who

after September 30, 1990, meets the requirements set forth in

subparagraph (A) or (B) of section 2132(a)(1) (now 16132(a)(1)(A),

(B)) of title 10, United States Code.''

EFFECTIVE DATE OF 1984 AMENDMENT

Section 705(b) of Pub. L. 98-525 provided that: ''The amendments

made by this section (amending this chapter) shall take effect on

July 1, 1985, and shall apply only to members of the Armed Forces

who qualify for educational assistance under chapter 106 of title

10, United States Code, as amended by subsection (a), on or after

such date.''

EFFECTIVE DATE OF 1980 AMENDMENTS

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

Section 906(a)(2) of Pub. L. 96-342 provided that: ''The

amendments made by paragraph (1) (amending this section) shall take

effect on October 1, 1980.''

EFFECTIVE DATE OF 1979 AMENDMENT

Section 402(c) of Pub. L. 96-107 provided that: ''The amendments

made by this section (amending sections 2131 and 2133 (now 16131

and 16133) of this title) shall apply only to individuals enlisting

in the Reserves after September 30, 1979.''

1995 COST-OF-LIVING ADJUSTMENT IN RATES OF EDUCATIONAL ASSISTANCE

Section 12009(c) of Pub. L. 103-66 provided that: ''The fiscal

year 1995 cost-of-living adjustments in the rates of educational

assistance payable under chapter 30 of title 38, United States

Code, and under chapter 106 (now 1606) of title 10, United States

Code, shall be the percentage equal to 50 percent of the percentage

by which such assistance would be increased under section 3015(g)

of title 38, and under section 2131(b)(2) (now 16131(b)(2)) of

title 10, United States Code, respectively, but for this section

(amending this section and section 3015 of Title 38, Veterans'

Benefits, and enacting provisions set out as a note under section

3015 of Title 38).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2131, 16132, 16135 of

this title.

-CITE-

10 USC Sec. 16132 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART IV - TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL

ASSISTANCE PROGRAMS

CHAPTER 1606 - EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED

RESERVE

-HEAD-

Sec. 16132. Eligibility for educational assistance

-STATUTE-

(a) A person who -

(1) after June 30, 1985 -

(A) enlists, reenlists, or extends an enlistment as a Reserve

for service in the Selected Reserve for a period of not less

than six years; or

(B) is appointed as, or is serving as, a reserve officer and

agrees to serve in the Selected Reserve for a period of not

less than six years in addition to any other period of

obligated service in the Selected Reserve to which the person

may be subject; and

(2) before applying for benefits under this section, has

completed the requirements of a secondary school diploma (or an

equivalency certificate);

is entitled to educational assistance under section 16131 of this

title.

(b) Educational assistance may not be provided to a member under

this chapter until the member has completed the initial period of

active duty for training required of the member.

(c) Each person who becomes entitled to educational assistance

under subsection (a) shall at the time the person becomes so

entitled be given a statement in writing summarizing the provisions

of this chapter and stating clearly and prominently the substance

of sections 16134 and 16135 of this title as such sections may

apply to the person. At the request of the Secretary of Veterans

Affairs, the Secretary of Defense shall transmit a notice of

entitlement for each such person to that Secretary.

(d) A person who serves in the Selected Reserve may not receive

credit for such service under both the program established by

chapter 30 of title 38 and the program established by this chapter

but shall elect (in such form and manner as the Secretary of

Veterans Affairs may prescribe) the program to which such service

is to be credited. However, a person may not receive credit under

the program established by this chapter for service (in any grade)

on full-time active duty or full-time National Guard duty for the

purpose of organizing, administering, recruiting, instructing, or

training the reserve components in a position which is included in

the end strength required to be authorized each year by section

115(a)(1)(B) of this title.

-SOURCE-

(Added Pub. L. 95-79, title IV, Sec. 402(a), July 30, 1977, 91

Stat. 329, Sec. 2132; amended Pub. L. 95-485, title IV, Sec.

402(a), Oct. 20, 1978, 92 Stat. 1613; Pub. L. 96-513, title V, Sec.

511(69), Dec. 12, 1980, 94 Stat. 2926; Pub. L. 98-525, title VII,

Sec. 705(a)(1), Oct. 19, 1984, 98 Stat. 2565; Pub. L. 100-48, Sec.

4, June 1, 1987, 101 Stat. 331; Pub. L. 100-689, title I, Sec.

110(b), 111(b)(2)-(4), Nov. 18, 1988, 102 Stat. 4170, 4173; Pub. L.

101-189, div. A, title VI, Sec. 643(a), 645(a), (b)(2), Nov. 29,

1989, 103 Stat. 1458; Pub. L. 102-25, title VII, Sec. 701(f)(6),

Apr. 6, 1991, 105 Stat. 115; renumbered Sec. 16132 and amended Pub.

L. 103-337, div. A, title XVI, Sec. 1663(b)(2), (4), Oct. 5, 1994,

108 Stat. 3006, 3007; Pub. L. 104-106, div. A, title XV, Sec.

1501(b)(34), Feb. 10, 1996, 110 Stat. 498; Pub. L. 106-419, title

I, Sec. 102(d), Nov. 1, 2000, 114 Stat. 1825.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(2). Pub. L. 106-419 amended par. (2)

generally. Prior to amendment, par. (2) read as follows: ''before

completing initial active duty for training has completed the

requirements of a secondary school diploma (or an equivalency

certificate), or in the case of an individual who reenlists or

extends an enlistment as described in paragraph (1)(A) of this

subsection, has completed such requirements at any time before such

reenlistment or extension;''.

1996 - Subsec. (c). Pub. L. 104-106 substituted ''sections

16134'' for ''section 16134''.

1994 - Pub. L. 103-337, Sec. 1663(b)(2), renumbered section 2132

of this title as this section.

Subsec. (a). Pub. L. 103-337, Sec. 1663(b)(4)(A), substituted

''16131'' for ''2131'' in concluding provisions.

Subsec. (c). Pub. L. 103-337, Sec. 1663(b)(4)(B), substituted

''section 16134 and 16135'' for ''sections 2134 and 2135''.

1991 - Subsec. (d). Pub. L. 102-25 substituted ''section

115(a)(1)(B)'' for ''section 115(b)(1)(A)(ii)''.

1989 - Subsec. (c). Pub. L. 101-189, Sec. 645(a), substituted

''Secretary of Veterans Affairs'' for ''Administrator of Veterans'

Affairs'' and ''to that Secretary'' for ''to the Administrator''.

Subsec. (d). Pub. L. 101-189, Sec. 645(a)(1), (b)(2), substituted

''A person'' for ''An individual'' and ''Secretary of Veterans

Affairs'' for ''Administrator of Veterans' Affairs''.

Pub. L. 101-189, Sec. 643(a), inserted at end ''However, a person

may not receive credit under the program established by this

chapter for service (in any grade) on full-time active duty or

full-time National Guard duty for the purpose of organizing,

administering, recruiting, instructing, or training the reserve

components in a position which is included in the end strength

required to be authorized each year by section 115(b)(1)(A)(ii) of

this title.''

1988 - Subsec. (a)(2). Pub. L. 100-689, Sec. 111(b)(2),

substituted ''completed the requirements of'' for ''received'', and

inserted before semicolon at end '', or in the case of an

individual who reenlists or extends an enlistment as described in

paragraph (1)(A) of this subsection, has completed such

requirements at any time before such reenlistment or extension''.

Subsec. (b). Pub. L. 100-689, Sec. 110(b), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows:

''Educational assistance may not be provided to a member under this

chapter until the member -

''(1) has completed the initial period of active duty for

training required of the member; and

''(2) has completed 180 days of service in the Selected

Reserve.''

Subsec. (c). Pub. L. 100-689, Sec. 111(b)(3), inserted at end

''At the request of the Administrator of Veterans' Affairs, the

Secretary of Defense shall transmit a notice of entitlement for

each such person to the Administrator.''

Subsec. (d). Pub. L. 100-689, Sec. 111(b)(4), amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: ''A

person who is entitled to educational assistance under chapter 30

of title 38 based on section 1412 of that title may not also be

provided educational assistance under this chapter.''

1987 - Subsec. (a)(1). Pub. L. 100-48 substituted ''after June

30, 1985'' for ''during the period beginning on July 1, 1985, and

ending on June 30, 1988''.

1984 - Pub. L. 98-525 amended section generally, updating

provisions covering eligibility for educational assistance to cover

the period beginning July 1, 1985, and ending June 30, 1988.

1980 - Pub. L. 96-513 inserted ''of this title'' after ''section

2131'' wherever appearing.

1978 - Subsec. (b)(1). Pub. L. 95-485 substituted ''not less than

six years'' for ''automatically extended by two years'' and ''last

day of the term'' for ''eighth anniversary''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title XVI of Pub. L.

103-337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub.

L. 104-106, set out as a note under section 113 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-525 effective July 1, 1985, applicable

only to members of the Armed Forces who qualify for educational

assistance under this chapter on or after such date, see section

705(b) of Pub. L. 98-525, set out as a note under section 16131 of

this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

SAVINGS PROVISION

Section 643(b) of Pub. L. 101-189 provided that: ''The amendment

made by subsection (a) (amending this section) shall not affect the

eligibility for educational assistance of any person who before the

date of the enactment of this Act (Nov. 29, 1989) is entitled to

educational assistance under section 2131(a) (now 16131(a)) of

title 10, United States Code.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 16131, 16135 of this

title.

-CITE-

10 USC Sec. 16133 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART IV - TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL

ASSISTANCE PROGRAMS

CHAPTER 1606 - EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED

RESERVE

-HEAD-

Sec. 16133. Time limitation for use of entitlement

-STATUTE-

(a) Except as provided in subsection (b), the period during which

a person entitled to educational assistance under this chapter may

use such person's entitlement expires (1) at the end of the 14-year

period beginning on the date on which such person becomes entitled

to such assistance, or (2) on the date the person is separated from

the Selected Reserve, whichever occurs first.

(b)(1) In the case of a person -

(A) who is separated from the Selected Reserve because of a

disability which was not the result of the individual's own

willful misconduct incurred on or after the date on which such

person became entitled to educational assistance under this

chapter; or

(B) who, on or after the date on which such person became

entitled to educational assistance under this chapter ceases to

be a member of the Selected Reserve during the period beginning

on October 1, 1991, and ending on December 31, 2001, by reason of

the inactivation of the person's unit of assignment or by reason

of involuntarily ceasing to be designated as a member of the

Selected Reserve pursuant to section 10143(a) of this title,

the period for using entitlement prescribed by subsection (a) shall

be determined without regard to clause (2) of such subsection.

(2) The provisions of section 3031(f) of title 38 shall apply to

the period of entitlement prescribed by subsection (a).

(3) The provisions of section 3031(d) of title 38 shall apply to

the period of entitlement prescribed by subsection (a) in the case

of a disability incurred in or aggravated by service in the

Selected Reserve.

(4) In the case of a member of the Selected Reserve of the Ready

Reserve who serves on active duty pursuant to an order to active

duty issued under section 12301(a), 12301(d), 12301(g), 12302, or

12304 of this title -

(A) the period of such active duty service plus four months

shall not be considered in determining the expiration date

applicable to such member under subsection (a); and

(B) the member may not be considered to have been separated

from the Selected Reserve for the purposes of clause (2) of such

subsection by reason of the commencement of such active duty

service.

-SOURCE-

(Added Pub. L. 95-79, title IV, Sec. 402(a), July 30, 1977, 91

Stat. 329, Sec. 2133; amended Pub. L. 96-107, title IV, Sec.

402(b), Nov. 9, 1979, 93 Stat. 808; Pub. L. 96-513, title V, Sec.

511(70), Dec. 12, 1980, 94 Stat. 2926; Pub. L. 98-525, title VII,

Sec. 705(a)(1), Oct. 19, 1984, 98 Stat. 2566; Pub. L. 100-456,

div. A, title XII, Sec. 1233(g)(2), Sept. 29, 1988, 102 Stat.

2058; Pub. L. 100-689, title I, Sec. 111(b)(5), Nov. 18, 1988, 102

Stat. 4173; Pub. L. 102-127, Sec. 3, Oct. 10, 1991, 105 Stat. 622;

Pub. L. 102-484, div. D, title XLIV, Sec. 4419(a), Oct. 23, 1992,

106 Stat. 2717; Pub. L. 102-568, title III, Sec. 320(a)(2), Oct.

29, 1992, 106 Stat. 4335; Pub. L. 103-160, div. A, title V, Sec.

561(m), Nov. 30, 1993, 107 Stat. 1668; renumbered Sec. 16133 and

amended Pub. L. 103-337, div. A, title XVI, Sec. 1663(b)(2), (5),

Oct. 5, 1994, 108 Stat. 3006, 3007; Pub. L. 105-85, div. A, title

V, Sec. 553(b), Nov. 18, 1997, 111 Stat. 1748; Pub. L. 105-261,

div. A, title V, Sec. 561(q), Oct. 17, 1998, 112 Stat. 2027; Pub.

L. 106-398, Sec. 1 ((div. A), title V, Sec. 571(p)), Oct. 30, 2000,

114 Stat. 1654, 1654A-135; Pub. L. 107-314, div. A, title VI, Sec.

641(a), Dec. 2, 2002, 116 Stat. 2576.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-314 substituted ''14-year''

for ''10-year''.

2000 - Subsec. (b)(1)(B). Pub. L. 106-398 substituted ''December

31, 2001'' for ''September 30, 2001''.

1998 - Subsec. (b)(1)(B). Pub. L. 105-261 substituted ''September

30, 2001'' for ''September 30, 1999''.

1997 - Subsec. (b)(4). Pub. L. 105-85 struck out ''(A)'' before

''In the case of'', redesignated cls. (i) and (ii) as subpars. (A)

and (B), respectively, struck out '', during the Persian Gulf

War,'' after ''Ready Reserve who'', and struck out former subpar.

(B) which read as follows: ''For the purposes of this paragraph,

the term 'Persian Gulf War' shall have the meaning given such term

in section 101(33) of title 38.''

1994 - Pub. L. 103-337, Sec. 1663(b)(2), renumbered section 2133

of this title as this section.

Subsec. (b)(1)(B). Pub. L. 103-337, Sec. 1663(b)(5)(A),

substituted ''10143(a)'' for ''268(b)''.

Subsec. (b)(4)(A). Pub. L. 103-337, Sec. 1663(b)(5)(B),

substituted ''12301(a), 12301(d), 12301(g), 12302, or 12304'' for

''672(a), (d), or (g), 673, or 673b''.

1993 - Subsec. (b)(1)(B). Pub. L. 103-160 substituted ''September

30, 1999'' for ''September 30, 1995''.

1992 - Subsec. (b)(1). Pub. L. 102-484 amended par. (1)

generally. Prior to amendment, par. (1) read as follows: ''In the

case of a person separated from the Selected Reserve because of a

disability which was not the result of the individual's own willful

misconduct incurred on or after the date on which such person

became entitled to educational assistance under this chapter, the

period for using entitlement prescribed by subsection (a) shall be

determined without regard to clause (2) of such subsection.''

Subsec. (b)(2), (3). Pub. L. 102-568 substituted ''section

3031(f) of title 38'' for ''section 1431(f) of title 38'' in par.

(2) and ''section 3031(d) of title 38'' for ''section 1431(d) of

title 38'' in par. (3).

1991 - Subsec. (b)(4). Pub. L. 102-127 added par. (4).

1988 - Subsec. (a). Pub. L. 100-689, Sec. 111(b)(5)(A),

substituted ''chapter'' for ''section''.

Subsec. (b). Pub. L. 100-689, Sec. 111(b)(5)(B), added par. (1),

redesignated existing pars. (1) and (2) as (2) and (3),

respectively, and directed the substitution of ''1431(f)'' for

''1431(e)'' in par. (2) as redesignated, which could not be

executed because such substitution was previously made by Pub. L.

100-456, prior to redesignation of par. (1) as (2), see below.

Pub. L. 100-456 substituted ''section 1431(f)'' for ''section

1431(e)'' in par. (1).

1984 - Pub. L. 98-525 amended section generally, substituting

provisions setting a time limit for the use of educational

entitlement for provisions covering the termination of assistance

and refund by members. See section 2134 of this title.

1980 - Subsec. (a). Pub. L. 96-513 inserted ''of this title''

after ''2131'' and ''2107''.

1979 - Subsec. (b). Pub. L. 96-107 redesignated existing

provisions as par. (1), inserted provisions respecting agreement

for term of enlistment, substituted provisions relating to

computation under par. (2) for provisions relating to computation

under section 2131, and added par. (2).

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-314, div. A, title VI, Sec. 641(b), Dec. 2, 2002,

116 Stat. 2577, provided that: ''The amendment made by subsection

(a) (amending this section) shall take effect on October 1, 2002,

and shall apply with respect to periods of entitlement to

educational assistance under chapter 1606 of title 10, United

States Code, that begin on or after October 1, 1992.''

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-525 effective July 1, 1985, applicable

only to members of the Armed Forces who qualify for educational

assistance under this chapter on or after such date, see section

705(b) of Pub. L. 98-525, set out as a note under section 16131 of

this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-107 applicable only to individuals

enlisting in the Reserves after Sept. 30, 1979, see section 402(c)

of Pub. L. 96-107, set out as a note under section 16131 of this

title.

-CITE-

10 USC Sec. 16134 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART IV - TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL

ASSISTANCE PROGRAMS

CHAPTER 1606 - EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED

RESERVE

-HEAD-

Sec. 16134. Termination of assistance

-STATUTE-

Educational assistance may not be provided under this chapter -

(1) to a member receiving financial assistance under section

2107 of this title as a member of the Senior Reserve Officers'

Training Corps program; or

(2) to a member who fails to participate satisfactorily in

required training as a member of the Selected Reserve.

-SOURCE-

(Added Pub. L. 95-79, title IV, Sec. 402(a), July 30, 1977, 91

Stat. 330, Sec. 2134; amended Pub. L. 98-94, title XII, Sec.

1268(14), Sept. 24, 1983, 97 Stat. 707; Pub. L. 98-525, title VII,

Sec. 705(a)(1), Oct. 19, 1984, 98 Stat. 2566; renumbered Sec.

16134, Pub. L. 103-337, div. A, title XVI, Sec. 1663(b)(2), Oct.

5, 1994, 108 Stat. 3006.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-337 renumbered section 2134 of this title as

this section.

1984 - Pub. L. 98-525 amended section generally, substituting

provisions covering termination of educational assistance for

provisions relating to reports to Congress. See section 16137 of

this title.

1983 - Pub. L. 98-94 struck out provision requiring the first

report under this section to be submitted not later than Dec. 31,

1977.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-525 effective July 1, 1985, applicable

only to members of the Armed Forces who qualify for educational

assistance under this chapter on or after such date, see section

705(b) of Pub. L. 98-525, set out as a note under section 16131 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 16132 of this title.

-CITE-

10 USC Sec. 16135 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART IV - TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL

ASSISTANCE PROGRAMS

CHAPTER 1606 - EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED

RESERVE

-HEAD-

Sec. 16135. Failure to participate satisfactorily; penalties

-STATUTE-

(a)(1) A member of the Selected Reserve of the Ready Reserve of

an armed force who fails to participate satisfactorily in required

training as a member of the Selected Reserve during a term of

enlistment or other period of obligated service that created

entitlement of the member to educational assistance under this

chapter, and during which the member has received such assistance,

shall, at the option of the Secretary concerned -

(A) be ordered to active duty for a period of two years or the

period of obligated service the person has remaining under

section 16132 of this title, whichever is less; or

(B) be required to refund to the United States an amount

determined under subsection (b).

(2) The Secretary concerned may waive the requirements of

paragraph (1), or may reduce the amount of any refund under clause

(B) of such paragraph, in the case of any individual member when

the Secretary determines that the failure to participate

satisfactorily was due to reasons beyond the control of the member.

(3) Any refund by a member under this section shall not affect

the period of obligation of such member to serve as a Reserve in

the Selected Reserve.

(b)(1) The amount of a refund under subsection (a) shall be the

amount equal to the product of -

(A) the number of months of obligated service the person has

remaining under the agreement entered into under section 16131(a)

of this title divided by the original number of months of such

obligation; and

(B) the total amount of educational assistance provided to the

member under this chapter,

as increased by interest determined under paragraph (2).

(2) The amount computed under paragraph (1) shall bear interest

at the rate equal to the highest rate being paid by the United

States on the day on which the refund is determined to be due for

securities having maturities of 90 days or less and shall accrue

from the day on which the member is first notified of the amount

due to the United States as a refund under this section.

(c)(1) Subject to subsection (a)(2), an obligation to pay a

refund to the United States under subsection (a)(1)(B) in an amount

determined under subsection (b) is, for all purposes, a debt owed

to the United States.

(2) A discharge in bankruptcy under title 11 that is entered less

than five years after the termination of an enlistment or other

agreement under this section does not discharge the person signing

such enlistment or other agreement from a debt arising under the

enlistment or agreement, respectively, under this subsection.

-SOURCE-

(Added Pub. L. 95-79, title IV, Sec. 402(a), July 30, 1977, 91

Stat. 330, Sec. 2135; amended Pub. L. 95-485, title IV, Sec.

402(b), Oct. 20, 1978, 92 Stat. 1613; Pub. L. 96-342, title IX,

Sec. 906(b), Sept. 8, 1980, 94 Stat. 1117; Pub. L. 98-525, title

VII, Sec. 705(a)(1), Oct. 19, 1984, 98 Stat. 2566; Pub. L. 100-689,

title I, Sec. 111(b)(6), Nov. 18, 1988, 102 Stat. 4173; renumbered

Sec. 16135 and amended Pub. L. 103-337, div. A, title XVI, Sec.

1663(b)(2), (6), Oct. 5, 1994, 108 Stat. 3006, 3007; Pub. L.

104-106, div. A, title XV, Sec. 1501(b)(35), Feb. 10, 1996, 110

Stat. 498; Pub. L. 107-314, div. A, title VI, Sec. 642, Dec. 2,

2002, 116 Stat. 2577.)

-MISC1-

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-314 added subsec. (c).

1996 - Subsec. (b)(1)(A). Pub. L. 104-106 substituted

''16131(a)'' for ''2131(a)''.

1994 - Pub. L. 103-337, Sec. 1663(b)(2), renumbered section 2135

of this title as this section.

Subsec. (a)(1)(A). Pub. L. 103-337, Sec. 1663(b)(6)(A),

substituted ''16132'' for ''2132''.

Subsec. (b)(1)(A). Pub. L. 103-337, Sec. 1663(b)(6)(B), which

directed substitution of ''section 16132(a)'' for ''section

2132(a)'', could not be executed because ''section 2132(a)'' does

not appear in subsec. (b)(1)(A).

1988 - Subsec. (a)(1). Pub. L. 100-689, Sec. 111(b)(6)(A),

inserted '', and during which the member has received such

assistance,'' after ''chapter''.

Subsec. (b)(1)(A). Pub. L. 100-689, Sec. 111(b)(6)(B), added

subpar. (A) and struck out former subpar. (A) which read as

follows: ''the number of months of obligated service remaining

under the agreement entered into under section 2132(a)(3) divided

by the original number of months of such obligation; and''.

1984 - Pub. L. 98-525 amended section generally, substituting

provisions relating to the failure to participate satisfactorily

and penalties for provisions which had designated Sept. 30, 1985,

as the termination date for enlistments qualifying for educational

assistance.

1980 - Pub. L. 96-342 substituted ''1985'' for ''1980''.

1978 - Pub. L. 95-485 substituted ''1980'' for ''1978''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title XVI of Pub. L.

103-337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub.

L. 104-106, set out as a note under section 113 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-525 effective July 1, 1985, applicable

only to members of the Armed Forces who qualify for educational

assistance under this chapter on or after such date, see section

705(b) of Pub. L. 98-525, set out as a note under section 16131 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 16132 of this title; title

38 section 3485.

-CITE-

10 USC Sec. 16136 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART IV - TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL

ASSISTANCE PROGRAMS

CHAPTER 1606 - EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED

RESERVE

-HEAD-

Sec. 16136. Administration of program

-STATUTE-

(a) Educational assistance under this chapter shall be provided

through the Department of Veterans Affairs, under agreements to be

entered into by the Secretary of Defense, and by the Secretary of

Homeland Security, with the Secretary of Veterans Affairs. Such

agreements shall include administrative procedures to ensure the

prompt and timely transfer of funds from the Secretary concerned to

the Department of Veterans Affairs for the making of payments under

this chapter.

(b) Except as otherwise provided in this chapter, the provisions

of sections 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of

title 38 and the provisions of subchapters I and II of chapter 36

of such title (with the exception of sections 3686(a), 3687, and

3692) shall be applicable to the provision of educational

assistance under this chapter. The term ''eligible veteran'' and

the term ''a person'', as used in those provisions, shall be deemed

for the purpose of the application of those provisions to this

chapter to refer to a person eligible for educational assistance

under this chapter.

(c) The Secretary of Veterans Affairs may approve the pursuit of

flight training (in addition to a course of flight training that

may be approved under section 3680A(b) of title 38) by an

individual entitled to educational assistance under this chapter if

-

(1) such training is generally accepted as necessary for the

attainment of a recognized vocational objective in the field of

aviation;

(2) the individual possesses a valid private pilot certificate

and meets, on the day the individual begins a course of flight

training, the medical requirements necessary for a commercial

pilot certificate; and

(3) the flight school courses meet Federal Aviation

Administration standards for such courses and are approved by the

Federal Aviation Administration and the State approving agency.

-SOURCE-

(Added Pub. L. 98-525, title VII, Sec. 705(a)(1), Oct. 19, 1984, 98

Stat. 2567, Sec. 2136; amended Pub. L. 101-189, div. A, title VI,

Sec. 642(c), 645(a)(1), Nov. 29, 1989, 103 Stat. 1457, 1458; Pub.

L. 101-237, title IV, Sec. 405(d)(3), 422(b)(1), Dec. 18, 1989, 103

Stat. 2081, 2089; Pub. L. 101-510, div. A, title XIV, Sec.

1484(j)(3), Nov. 5, 1990, 104 Stat. 1718; Pub. L. 102-16, Sec.

10(b), Mar. 22, 1991, 105 Stat. 56; Pub. L. 102-568, title III,

Sec. 313(a)(6), 319, 320(a)(3), Oct. 29, 1992, 106 Stat. 4333,

4335, 4336; renumbered Sec. 16136, Pub. L. 103-337, div. A, title

XVI, Sec. 1663(b)(2), Oct. 5, 1994, 108 Stat. 3006; Pub. L.

103-446, title VI, Sec. 601(c), Nov. 2, 1994, 108 Stat. 4670; Pub.

L. 105-368, title II, Sec. 204(b), Nov. 11, 1998, 112 Stat. 3327;

Pub. L. 107-296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116

Stat. 2314.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-296 substituted ''Secretary of

Homeland Security'' for ''Secretary of Transportation''.

1998 - Subsec. (c)(2). Pub. L. 105-245 substituted ''pilot

certificate'' for ''pilot's license'' in two places and inserted

'', on the day the individual begins a course of flight training,''

after ''meets''.

1994 - Pub. L. 103-337 renumbered section 2136 of this title as

this section.

Subsec. (c). Pub. L. 103-446 struck out ''(1)'' after ''(c)'',

redesignated subpars. (A) to (C) as pars. (1) to (3), respectively,

and struck out former par. (2) which read as follows: ''This

subsection shall not apply to a course of flight training that

commences on or after October 1, 1994.''

1992 - Subsec. (b). Pub. L. 102-568, Sec. 320(a)(3), substituted

''sections 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of title

38 and the provisions of subchapters I and II of chapter 36 of such

title (with the exception of sections 3686(a), 3687, and 3692)''

for ''sections 1670, 1671, 1673, 1674, 1676, 1682(g), 1683, and

1685 of title 38 and the provisions of subchapters I and II of

chapter 36 of such title (with the exception of sections 1786(a),

1787, and 1792)''.

Pub. L. 102-568, Sec. 319, struck out ''1780(c),'' after

''exception of sections''.

Subsec. (c)(1). Pub. L. 102-568, Sec. 313(a)(6), substituted

''section 3680A(b) of title 38'' for ''section 1673(b) of title

38''.

1991 - Subsec. (b). Pub. L. 102-16 struck out ''1434(b), 1663,''

before ''1670,'' and ''1780(g),'' before ''1786(a),''.

1990 - Subsec. (a). Pub. L. 101-510 substituted ''Department of

Veterans Affairs'' for ''Veterans' Administration'' in two places.

1989 - Subsec. (a). Pub. L. 101-189, Sec. 645(a)(1), substituted

''Secretary of Veterans Affairs'' for ''Administrator of Veterans'

Affairs''.

Subsec. (b). Pub. L. 101-237, Sec. 405(d)(3), inserted reference

to section 1685 of title 38.

Pub. L. 101-189, Sec. 642(c), amended first sentence generally

and substituted ''and the term 'a person', as used'' for '', as

used'' in second sentence. Prior to amendment, first sentence read

as follows: ''Except as otherwise provided in this chapter, the

provisions of sections 1663, 1670, 1671, 1673, 1674, 1676, 1682(g),

and 1683 of chapter 34 of title 38 and the provisions of

subchapters I and II of chapter 36 of such title (with the

exception of sections 1780(a)(5), 1780(b), 1786, 1787(b)(1), and

1792) shall be applicable to the provision of educational

assistance under this chapter.''

Subsec. (c). Pub. L. 101-237, Sec. 422(b)(1), added subsec. (c).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-368, title II, Sec. 204(c), Nov. 11, 1998, 112 Stat.

3327, provided that: ''The amendments made by this section

(amending this section and sections 3034 and 3241 of Title 38,

Veterans' Benefits) shall apply with respect to courses of flight

training beginning on or after October 1, 1998.''

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-446 effective Oct. 1, 1994, see section

601(d) of Pub. L. 103-446, set out as a note under section 3034 of

Title 38, Veterans' Benefits.

EFFECTIVE DATE OF 1989 AMENDMENTS

Section 405(e) of Pub. L. 101-237 provided that: ''The amendments

made by this section (amending this section and section 1685 (now

3485) of Title 38, Veterans' Benefits) shall take effect on May 1,

1990, and shall apply to services performed on or after that

date.''

Amendment by section 422(b)(1) of Pub. L. 101-237 effective Sept.

30, 1990, see section 422(d) of Pub. L. 101-237, set out as a note

under section 16131 of this title.

Amendment by section 642(c) of Pub. L. 101-189 applicable with

respect to any person who after Sept. 30, 1990, meets the

requirements set forth in section 2132(a)(1)(A) or (B)

(16132(a)(1)(A), (B)) of this title, see section 642(d) of Pub. L.

101-189, set out as a note under section 16131 of this title.

EFFECTIVE DATE

Section effective July 1, 1985, applicable only to members of the

Armed Forces who qualify for educational assistance under this

chapter on or after such date, see section 705(b) of Pub. L.

98-525, set out as an Effective Date of 1984 Amendment note under

section 16131 of this title.

SAVINGS PROVISION

Section 313(b) of Pub. L. 102-568 provided that: ''The amendments

made by paragraphs (2) through (6) of subsection (a) of this

section (enacting section 3680A of Title 38, Veterans' Benefits,

amending this section and sections 3034 and 3241 of Title 38, and

repealing section 3473 of Title 38) shall not apply to any person

receiving educational assistance for pursuit of an independent

study program in which the person was enrolled on the date of

enactment of this section (Oct. 29, 1992) for as long as such

person is continuously thereafter so enrolled and meets the

requirements of eligibility for such assistance for the pursuit of

such program under title 38, United States Code, or title 10,

United States Code, in effect on that date.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 510, 16131 of this title.

-CITE-

10 USC Sec. 16137 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART IV - TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL

ASSISTANCE PROGRAMS

CHAPTER 1606 - EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED

RESERVE

-HEAD-

Sec. 16137. Biennial report to Congress

-STATUTE-

The Secretary of Defense shall submit to Congress a report not

later than March 1 of each odd-numbered year concerning the

operation of the educational assistance program established by this

chapter during the preceding two fiscal years. Each such report

shall include the number of members of the Selected Reserve of the

Ready Reserve of each armed force receiving, and the number

entitled to receive, educational assistance under this chapter

during those fiscal years. The Secretary may submit the report

more frequently and adjust the period covered by the report

accordingly.

-SOURCE-

(Added Pub. L. 98-525, title VII, Sec. 705(a)(1), Oct. 19, 1984, 98

Stat. 2567, Sec. 2137; renumbered Sec. 16137, Pub. L. 103-337,

div. A, title XVI, Sec. 1663(b)(2), Oct. 5, 1994, 108 Stat. 3006;

amended Pub. L. 104-106, div. A, title X, Sec. 1077, Feb. 10,

1996, 110 Stat. 451; Pub. L. 106-65, div. A, title V, Sec. 548(a),

Oct. 5, 1999, 113 Stat. 609.)

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-65 amended section catchline and text

generally. Prior to amendment, text read as follows: ''The

Secretary of Defense shall submit to the Congress a report not

later than March 1 of each year concerning the operation of the

educational assistance program established by this chapter during

the preceding fiscal year. Each such report shall include the

number of members of the Selected Reserve of the Ready Reserve of

each armed force receiving, and the number entitled to receive,

educational assistance under this chapter during the preceding

fiscal year.''

1996 - Pub. L. 104-106 substituted ''March 1 of each year'' for

''December 15 of each year''.

1994 - Pub. L. 103-337 renumbered section 2137 of this title as

this section.

EFFECTIVE DATE

Section effective July 1, 1985, applicable only to members of the

Armed Forces who qualify for educational assistance under this

chapter on or after such date, see section 705(b) of Pub. L.

98-525, set out as an Effective Date of 1984 Amendment note under

section 16131 of this title.

-CITE-