Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)

Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via
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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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title: "10 U.S.C. § 16131a"
description: "Accelerated payment of educational assistance"
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title_name: "ARMED FORCES"
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# 10 U.S.C. § 16131a - Accelerated payment of educational assistance
## Text
(a) The educational assistance allowance payable under section 16131 of this title with respect to an eligible person described in subsection (b) may, upon the election of such eligible person, be paid on an accelerated basis in accordance with this section.
(b) An eligible person described in this subsection is a person entitled to educational assistance under this chapter who is—
(1) enrolled in an approved program of education not exceeding two years in duration and not leading to an associate, bachelors, masters, or other degree, subject to subsection (g); and
(2) charged tuition and fees for the program of education that, when divided by the number of months (and fractions thereof) in the enrollment period, exceeds the amount equal to 200 percent of the monthly rate of educational assistance allowance otherwise payable with respect to the person under section 16131 of this title.
(c) (1) The amount of the accelerated payment of educational assistance payable with respect to an eligible person making an election under subsection (a) for a program of education shall be the lesser of—
(A) the amount equal to 60 percent of the established charges for the program of education; or
(B) the aggregate amount of educational assistance allowance to which the person remains entitled under this chapter at the time of the payment.
(2) (A) In this subsection, except as provided in subparagraph (B), the term “established charges”, in the case of a program of education, means the actual charges (as determined pursuant to regulations prescribed by the Secretary of Veterans Affairs) for tuition and fees which similarly circumstanced individuals who are not eligible for benefits under this chapter and who are enrolled in the program of education would be required to pay. Established charges shall be determined on the following basis:
(i) In the case of an individual enrolled in a program of education offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the term, quarter, or semester.
(ii) In the case of an individual enrolled in a program of education not offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the entire program of education.
(B) In this subsection, the term “established charges” does not include any fees or payments attributable to the purchase of a vehicle.
(3) The educational institution providing the program of education for which an accelerated payment of educational assistance allowance is elected by an eligible person under subsection (a) shall certify to the Secretary of Veterans Affairs the amount of the established charges for the program of education.
(d) An accelerated payment of educational assistance allowance made with respect to an eligible person under this section for a program of education shall be made not later than the last day of the month immediately following the month in which the Secretary of Veterans Affairs receives a certification from the educational institution regarding—
(1) the persons enrollment in and pursuit of the program of education; and
(2) the amount of the established charges for the program of education.
(e) (1) Except as provided in paragraph (2), for each accelerated payment of educational assistance allowance made with respect to an eligible person under this section, the persons entitlement to educational assistance under this chapter shall be charged the number of months (and any fraction thereof) determined by dividing the amount of the accelerated payment by the full-time monthly rate of educational assistance allowance otherwise payable with respect to the person under section 16131 of this title as of the beginning date of the enrollment period for the program of education for which the accelerated payment is made.
(2) If the monthly rate of educational assistance allowance otherwise payable with respect to an eligible person under section 16131 of this title increases during the enrollment period of a program of education for which an accelerated payment of educational assistance allowance is made under this section, the charge to the persons entitlement to educational assistance under this chapter shall be determined by prorating the entitlement chargeable, in the manner provided for under paragraph (1), for the periods covered by the initial rate and increased rate, respectively, in accordance with regulations prescribed by the Secretary of Veterans Affairs.
(f) The Secretary of Veterans Affairs shall prescribe regulations to carry out this section. The regulations shall include requirements, conditions, and methods for the request, issuance, delivery, certification of receipt and use, and recovery of overpayment of an accelerated payment of educational assistance allowance under this section. The regulations may include such elements of the regulations prescribed under section 3014A of title 38 as the Secretary of Veterans Affairs considers appropriate for purposes of this section.
(g) The aggregate amount of educational assistance payable under this section in any fiscal year for enrollments covered by subsection (b)(1) may not exceed $4,000,000.
(Added Pub. L. 110181, div. A, title V, § 528(a)(1), Jan. 28, 2008, 122 Stat. 105.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 110181, div. A, title V, § 528(a)(3), Jan. 28, 2008, 122 Stat. 107, provided that: “The amendments made by this subsection [enacting this section] shall take effect on October 1, 2008, and shall only apply to initial enrollments in approved programs of education after such date.”
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---
# 10 U.S.C. § 16132 - Eligibility for educational assistance
## Text
(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.
(Added Pub. L. 9579, title IV, § 402(a), July 30, 1977, 91 Stat. 329, § 2132; amended Pub. L. 95485, title IV, § 402(a), Oct. 20, 1978, 92 Stat. 1613; Pub. L. 96513, title V, § 511(69), Dec. 12, 1980, 94 Stat. 2926; Pub. L. 98525, title VII, § 705(a)(1), Oct. 19, 1984, 98 Stat. 2565; Pub. L. 10048, § 4, June 1, 1987, 101 Stat. 331; Pub. L. 100689, title I, §§ 110(b), 111(b)(2)(4), Nov. 18, 1988, 102 Stat. 4170, 4173; Pub. L. 101189, div. A, title VI, §§ 643(a), 645(a), (b)(2), Nov. 29, 1989, 103 Stat. 1458; Pub. L. 10225, title VII, § 701(f)(6), Apr. 6, 1991, 105 Stat. 115; renumbered § 16132 and amended Pub. L. 103337, div. A, title XVI, § 1663(b)(2), (4), Oct. 5, 1994, 108 Stat. 3006, 3007; Pub. L. 104106, div. A, title XV, § 1501(b)(34), Feb. 10, 1996, 110 Stat. 498; Pub. L. 106419, title I, § 102(d), Nov. 1, 2000, 114 Stat. 1825.)
## Notes
Editorial Notes
Amendments2000—Subsec. (a)(2). Pub. L. 106419 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. 104106 substituted “sections 16134” for “section 16134”. 1994—Pub. L. 103337, § 1663(b)(2), renumbered section 2132 of this title as this section. Subsec. (a). Pub. L. 103337, § 1663(b)(4)(A), substituted “16131” for “2131” in concluding provisions. Subsec. (c). Pub. L. 103337, § 1663(b)(4)(B), substituted “section 16134 and 16135” for “sections 2134 and 2135”. 1991—Subsec. (d). Pub. L. 10225 substituted “section 115(a)(1)(B)” for “section 115(b)(1)(A)(ii)”. 1989—Subsec. (c). Pub. L. 101189, § 645(a), substituted “Secretary of Veterans Affairs” for “Administrator of Veterans Affairs” and “to that Secretary” for “to the Administrator”. Subsec. (d). Pub. L. 101189, § 645(a)(1), (b)(2), substituted “A person” for “An individual” and “Secretary of Veterans Affairs” for “Administrator of Veterans Affairs”. Pub. L. 101189, § 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. 100689, § 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. 100689, § 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. 100689, § 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. 100689, § 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. 10048 substituted “after June 30, 1985” for “during the period beginning on July 1, 1985, and ending on June 30, 1988”. 1984—Pub. L. 98525 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. 96513 inserted “of this title” after “section 2131” wherever appearing. 1978—Subsec. (b)(1). Pub. L. 95485 substituted “not less than six years” for “automatically extended by two years” and “last day of the term” for “eighth anniversary”.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentAmendment by Pub. L. 104106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104106, set out as a note under section 113 of this title.
Effective Date of 1994 AmendmentAmendment by Pub. L. 103337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103337, set out as an Effective Date note under section 10001 of this title.
Effective Date of 1984 AmendmentAmendment by Pub. L. 98525 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. 98525, set out as a note under section 16131 of this title.
Effective Date of 1980 AmendmentAmendment by Pub. L. 96513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96513, set out as a note under section 101 of this title.
Savings ProvisionPub. L. 101189, div. A, title VI, § 643(b), Nov. 29, 1989, 103 Stat. 1458, 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.”
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# 10 U.S.C. § 16132a - Authority to transfer unused education benefits to family members
## Text
(a) In General.— Subject to regulation prescribed by the Secretary of Defense, the Secretary concerned may permit a member described in subsection (b) who is entitled to basic educational assistance under this chapter to elect to transfer to one or more of the dependents specified in subsection (c) a portion of such members entitlement to such assistance, subject to the limitation under subsection (d).
(b) Eligible Members.— A member referred to in subsection (a) is a member of the Selected Reserve of the Ready Reserve who, at the time of the approval of the members request to transfer entitlement to basic educational assistance under this section, has completed—
(1) at least six years of service in the Selected Reserve and enters into an agreement to serve at least four more years as a member of the armed forces; or
(2) the years of service as determined in regulations pursuant to subsection (j).
(c) Eligible Dependents.— A member approved to transfer an entitlement to basic educational assistance under this section may transfer the members entitlement as follows:
(1) To the members spouse.
(2) To one or more of the members children.
(3) To a combination of the individuals referred to in paragraphs (1) and (2).
(d) Limitation on Months of Transfer.— The total number of months of entitlement transferred by a member under this section may not exceed 36 months. The Secretary of Defense may prescribe regulations that would limit the months of entitlement that may be transferred under this section to no less than 18 months.
(e) Designation of Transferee.— A member transferring an entitlement to basic educational assistance under this section shall—
(1) designate the dependent or dependents to whom such entitlement is being transferred;
(2) designate the number of months of such entitlement to be transferred to each such dependent; and
(3) specify the period for which the transfer shall be effective for each dependent designated under paragraph (1).
(f) Time for Transfer; Revocation and Modification.— (1) Subject to the time limitation for use of entitlement under section 16133, a member approved to transfer entitlement to basic educational assistance under this section may transfer such entitlement at any time after the approval of the members request to transfer such entitlement.
(2) A member transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. The modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs.
(3) Entitlement transferred under this section may not be treated as marital property, or the asset of a marital estate, subject to division in a divorce or other civil proceeding.
(g) Commencement of Use.— A dependent to whom entitlement to basic educational assistance is transferred under this section may not commence the use of the transferred entitlement until—
(1) in the case of entitlement transferred to a spouse, the completion by the member making the transfer of at least—
(A) six years of service in the armed forces; or
(B) the years of service as determined in regulations pursuant to subsection (j); or
(2) in the case of entitlement transferred to a child, both—
(A) the completion by the member making the transfer of at least—
(i) ten years of service in the armed forces; or
(ii) the years of service as determined in regulations pursuant to subsection (j); and
(B) either—
(i) the completion by the child of the requirements of a secondary school diploma (or equivalency certificate); or
(ii) the attainment by the child of 18 years of age.
(h) Additional Administrative Matters.— (1) The use of any entitlement to basic educational assistance transferred under this section shall be charged against the entitlement of the member making the transfer at the rate of one month for each month of transferred entitlement that is used.
(2) Except as provided under subsection (e)(2) and subject to paragraphs (5) and (6), a dependent to whom entitlement is transferred under this section is entitled to basic educational assistance under this chapter in the same manner as the member from whom the entitlement was transferred.
(3) The monthly rate of educational assistance payable to a dependent to whom entitlement is transferred under this section shall be the monthly amount payable under sections 16131 and 16131a to the member making the transfer.
(4) The death of a member transferring an entitlement under this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred.
(5) The involuntary separation or retirement of the member—
(A) because of a nondiscretionary provision of law for age or years of service;
(B) because of a policy prescribed by the Secretary concerned mandating such separation or retirement based solely on age or years of service for the prescribed pay grade of an enlisted member;
(C) under section 16133(b); or
(D) because of medical disqualification which is not the result of gross negligence or misconduct of the member,
shall not affect the use of entitlement by the dependent to whom the entitlement is transferred.
(6) A child to whom entitlement is transferred under this section may not use any entitlement so transferred after attaining the age of 26 years.
(7) The administrative provisions of this chapter shall apply to the use of entitlement transferred under this section, except that the dependent to whom the entitlement is transferred shall be treated as the eligible member for purposes of such provisions.
(8) The purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate).
(i) Overpayment.— (1) In the event of an overpayment of basic educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the member making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685 of title 38.
(2) Except as provided in paragraph (3), if a members eligibility is terminated under section 16134(2), the amount of any transferred entitlement under this section that is used by a dependent of the member as of the date of such termination shall be treated as an overpayment of basic educational assistance under paragraph (1).
(3) Paragraph (2) shall not apply in the case of a member who fails to complete service agreed to by the member—
(A) by reason of the death of the member; or
(B) for a reason referred to in section 16133(b).
(j) Regulations.— The Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall prescribe regulations for purposes of this section. Such regulations shall specify—
(1) the manner of authorizing the military departments to offer transfer of entitlements under this section;
(2) the eligibility criteria in accordance with subsection (b);
(3) the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (f)(2); and
(4) the manner in which the provisions referred to in subsections (h)(4) and (5) shall be administered with respect to a dependent to whom entitlement is transferred under this section.
(Added Pub. L. 110252, title V, § 5006(b), June 30, 2008, 122 Stat. 2381; amended Pub. L. 111383, div. A, title X, § 1075(b)(55), Jan. 7, 2011, 124 Stat. 4372.)
## Notes
Editorial Notes
Amendments2011—Subsec. (b)(1). Pub. L. 111383, § 1075(b)(55)(A), substituted “agreement to serve” for “agreement to service”. Subsec. (i)(2). Pub. L. 111383, § 1075(b)(55)(B), struck out “whose” after “members”.
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# 10 U.S.C. § 16133 - Time limitation for use of entitlement
## Text
(a) Except as provided in subsection (b), the period during which a person entitled to educational assistance under this chapter may use such persons entitlement expires on the date the person is separated from the Selected Reserve.
(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 individuals 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, or the period beginning on October 1, 2007, and ending on September 30, 2014, by reason of the inactivation of the persons 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, 12304, 12304a, or 12304b 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.
(5) In any case in which the Secretary concerned determines that a person entitled to educational assistance under this chapter has been prevented from using such persons entitlement due to an emergency situation, the Secretary concerned shall extend the period of entitlement prescribed in subsection (a) for a period equal to the number of months that the person was so prevented from using such entitlement, as determined by the Secretary.
(c) In this section, the term “emergency situation” has the meaning given such term in section 3601 of title 38.
(Added Pub. L. 9579, title IV, § 402(a), July 30, 1977, 91 Stat. 329, § 2133; amended Pub. L. 96107, title IV, § 402(b), Nov. 9, 1979, 93 Stat. 808; Pub. L. 96513, title V, § 511(70), Dec. 12, 1980, 94 Stat. 2926; Pub. L. 98525, title VII, § 705(a)(1), Oct. 19, 1984, 98 Stat. 2566; Pub. L. 100456, div. A, title XII, § 1233(g)(2), Sept. 29, 1988, 102 Stat. 2058; Pub. L. 100689, title I, § 111(b)(5), Nov. 18, 1988, 102 Stat. 4173; Pub. L. 102127, § 3, Oct. 10, 1991, 105 Stat. 622; Pub. L. 102484, div. D, title XLIV, § 4419(a), Oct. 23, 1992, 106 Stat. 2717; Pub. L. 102568, title III, § 320(a)(2), Oct. 29, 1992, 106 Stat. 4335; Pub. L. 103160, div. A, title V, § 561(m), Nov. 30, 1993, 107 Stat. 1668; renumbered § 16133 and amended Pub. L. 103337, div. A, title XVI, § 1663(b)(2), (5), Oct. 5, 1994, 108 Stat. 3006, 3007; Pub. L. 10585, div. A, title V, § 553(b), Nov. 18, 1997, 111 Stat. 1748; Pub. L. 105261, div. A, title V, § 561(q), Oct. 17, 1998, 112 Stat. 2027; Pub. L. 106398, § 1 [[div. A], title V, § 571(p)], Oct. 30, 2000, 114 Stat. 1654, 1654A135; Pub. L. 107314, div. A, title VI, § 641(a), Dec. 2, 2002, 116 Stat. 2576; Pub. L. 110181, div. A, title V, § 529, Jan. 28, 2008, 122 Stat. 110; Pub. L. 110252, title V, § 5006(d), June 30, 2008, 122 Stat. 2386; Pub. L. 114315, title IV, § 416(b), Dec. 16, 2016, 130 Stat. 1565; Pub. L. 117333, § 3(d), (e)(4), Jan. 5, 2023, 136 Stat. 6127, 6128.)
## Notes
Editorial Notes
Amendments2023—Subsec. (b)(5). Pub. L. 117333, § 3(d), added par. (5). Subsec. (c). Pub. L. 117333, § 3(e)(4), added subsec. (c). 2016—Subsec. (b)(4). Pub. L. 114315 substituted “12304, 12304a, or 12304b” for “or 12304” in introductory provisions. 2008—Subsec. (a). Pub. L. 110252 substituted “on the date the person is separated from the Selected Reserve.” for “(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.” Subsec. (b)(1)(B). Pub. L. 110181 inserted “or the period beginning on October 1, 2007, and ending on September 30, 2014,” after “December 31, 2001,”. 2002—Subsec. (a)(1). Pub. L. 107314 substituted “14-year” for “10-year”. 2000—Subsec. (b)(1)(B). Pub. L. 106398 substituted “December 31, 2001” for “September 30, 2001”. 1998—Subsec. (b)(1)(B). Pub. L. 105261 substituted “September 30, 2001” for “September 30, 1999”. 1997—Subsec. (b)(4). Pub. L. 10585 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. 103337, § 1663(b)(2), renumbered section 2133 of this title as this section. Subsec. (b)(1)(B). Pub. L. 103337, § 1663(b)(5)(A), substituted “10143(a)” for “268(b)”. Subsec. (b)(4)(A). Pub. L. 103337, § 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. 103160 substituted “September 30, 1999” for “September 30, 1995”. 1992—Subsec. (b)(1). Pub. L. 102484 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 individuals 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. 102568 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. 102127 added par. (4). 1988—Subsec. (a). Pub. L. 100689, § 111(b)(5)(A), substituted “chapter” for “section”. Subsec. (b). Pub. L. 100689, § 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. 100456, prior to redesignation of par. (1) as (2), see below. Pub. L. 100456 substituted “section 1431(f)” for “section 1431(e)” in par. (1). 1984—Pub. L. 98525 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. 96513 inserted “of this title” after “2131” and “2107”. 1979—Subsec. (b). Pub. L. 96107 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).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentPub. L. 107314, div. A, title VI, § 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 AmendmentAmendment by Pub. L. 103337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103337, set out as an Effective Date note under section 10001 of this title.
Effective Date of 1984 AmendmentAmendment by Pub. L. 98525 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. 98525, set out as a note under section 16131 of this title.
Effective Date of 1980 AmendmentAmendment by Pub. L. 96513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96513, set out as a note under section 101 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 96107 applicable only to individuals enlisting in the Reserves after Sept. 30, 1979, see section 402(c) of Pub. L. 96107, set out as a note under section 16131 of this title.
Extension of Time Limitations for Use of Entitlement: Educational Assistance for Members of the Selected ReservePub. L. 116140, § 6(d), Apr. 28, 2020, 134 Stat. 634, which provided for a temporary extension to use entitled educational assistance, was repealed by Pub. L. 117333, § 3(f), Jan. 5, 2023, 136 Stat. 6128. See subsec. (b)(5) of this section.
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# 10 U.S.C. § 16134 - Termination of assistance
## Text
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.
(Added Pub. L. 9579, title IV, § 402(a), July 30, 1977, 91 Stat. 330, § 2134; amended Pub. L. 9894, title XII, § 1268(14), Sept. 24, 1983, 97 Stat. 707; Pub. L. 98525, title VII, § 705(a)(1), Oct. 19, 1984, 98 Stat. 2566; renumbered § 16134, Pub. L. 103337, div. A, title XVI, § 1663(b)(2), Oct. 5, 1994, 108 Stat. 3006.)
## Notes
Editorial Notes
Amendments1994—Pub. L. 103337 renumbered section 2134 of this title as this section. 1984—Pub. L. 98525 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. 9894 struck out provision requiring the first report under this section to be submitted not later than Dec. 31, 1977.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98525 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. 98525, set out as a note under section 16131 of this title.
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# 10 U.S.C. § 16135 - Failure to participate satisfactorily; penalties
## Text
(a) Penalties.— At the option of the Secretary concerned, a member of the Selected Reserve of an armed force who does not 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, may—
(1) 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
(2) be subject to the repayment provisions under section 303a(e) or 373 of title 37.
(b) Effect of Repayment.— Any repayment under section 303a(e) or 373 of title 37 shall not affect the period of obligation of a member to serve as a Reserve in the Selected Reserve.
(Added Pub. L. 9579, title IV, § 402(a), July 30, 1977, 91 Stat. 330, § 2135; amended Pub. L. 95485, title IV, § 402(b), Oct. 20, 1978, 92 Stat. 1613; Pub. L. 96342, title IX, § 906(b), Sept. 8, 1980, 94 Stat. 1117; Pub. L. 98525, title VII, § 705(a)(1), Oct. 19, 1984, 98 Stat. 2566; Pub. L. 100689, title I, § 111(b)(6), Nov. 18, 1988, 102 Stat. 4173; renumbered § 16135 and amended Pub. L. 103337, div. A, title XVI, § 1663(b)(2), (6), Oct. 5, 1994, 108 Stat. 3006, 3007; Pub. L. 104106, div. A, title XV, § 1501(b)(35), Feb. 10, 1996, 110 Stat. 498; Pub. L. 107314, div. A, title VI, § 642, Dec. 2, 2002, 116 Stat. 2577; Pub. L. 109163, div. A, title VI, § 687(c)(12), Jan. 6, 2006, 119 Stat. 3335; Pub. L. 11591, div. A, title VI, § 618(a)(1)(N), Dec. 12, 2017, 131 Stat. 1426.)
## Notes
Editorial Notes
Amendments2017—Subsecs. (a)(2), (b). Pub. L. 11591 inserted “or 373” before “of title 37”. 2006—Pub. L. 109163 reenacted section catchline without change and amended text generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to penalties for failure of a member of the Selected Reserve of the Ready Reserve of an armed force to participate satisfactorily in required training. 2002—Subsec. (c). Pub. L. 107314 added subsec. (c). 1996—Subsec. (b)(1)(A). Pub. L. 104106 substituted “16131(a)” for “2131(a)”. 1994—Pub. L. 103337, § 1663(b)(2), renumbered section 2135 of this title as this section. Subsec. (a)(1)(A). Pub. L. 103337, § 1663(b)(6)(A), substituted “16132” for “2132”. Subsec. (b)(1)(A). Pub. L. 103337, § 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. 100689, § 111(b)(6)(A), inserted “, and during which the member has received such assistance,” after “chapter”. Subsec. (b)(1)(A). Pub. L. 100689, § 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. 98525 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. 96342 substituted “1985” for “1980”. 1978—Pub. L. 95485 substituted “1980” for “1978”.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentAmendment by Pub. L. 104106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104106, set out as a note under section 113 of this title.
Effective Date of 1994 AmendmentAmendment by Pub. L. 103337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103337, set out as an Effective Date note under section 10001 of this title.
Effective Date of 1984 AmendmentAmendment by Pub. L. 98525 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. 98525, set out as a note under section 16131 of this title.
Savings ProvisionFor savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(c) of Pub. L. 109163, see section 687(f) of Pub. L. 109163, set out as a note under section 510 of this title.
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# 10 U.S.C. § 16136 - Administration of program
## Text
(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.
(Added Pub. L. 98525, title VII, § 705(a)(1), Oct. 19, 1984, 98 Stat. 2567, § 2136; amended Pub. L. 101189, div. A, title VI, §§ 642(c), 645(a)(1), Nov. 29, 1989, 103 Stat. 1457, 1458; Pub. L. 101237, title IV, §§ 405(d)(3), 422(b)(1), Dec. 18, 1989, 103 Stat. 2081, 2089; Pub. L. 101510, div. A, title XIV, § 1484(j)(3), Nov. 5, 1990, 104 Stat. 1718; Pub. L. 10216, § 10(b), Mar. 22, 1991, 105 Stat. 56; Pub. L. 102568, title III, §§ 313(a)(6), 319, 320(a)(3), Oct. 29, 1992, 106 Stat. 4333, 4335, 4336; renumbered § 16136, Pub. L. 103337, div. A, title XVI, § 1663(b)(2), Oct. 5, 1994, 108 Stat. 3006; Pub. L. 103446, title VI, § 601(c), Nov. 2, 1994, 108 Stat. 4670; Pub. L. 105368, title II, § 204(b), Nov. 11, 1998, 112 Stat. 3327; Pub. L. 107296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)
## Notes
Editorial Notes
Amendments2002—Subsec. (a). Pub. L. 107296 substituted “Secretary of Homeland Security” for “Secretary of Transportation”. 1998—Subsec. (c)(2). Pub. L. 105245 substituted “pilot certificate” for “pilots license” in two places and inserted “, on the day the individual begins a course of flight training,” after “meets”. 1994—Pub. L. 103337 renumbered section 2136 of this title as this section. Subsec. (c). Pub. L. 103446 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. 102568, § 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. 102568, § 319, struck out “1780(c),” after “exception of sections”. Subsec. (c)(1). Pub. L. 102568, § 313(a)(6), substituted “section 3680A(b) of title 38” for “section 1673(b) of title 38”. 1991—Subsec. (b). Pub. L. 10216 struck out “1434(b), 1663,” before “1670,” and “1780(g),” before “1786(a),”. 1990—Subsec. (a). Pub. L. 101510 substituted “Department of Veterans Affairs” for “Veterans Administration” in two places. 1989—Subsec. (a). Pub. L. 101189, § 645(a)(1), substituted “Secretary of Veterans Affairs” for “Administrator of Veterans Affairs”. Subsec. (b). Pub. L. 101237, § 405(d)(3), inserted reference to section 1685 of title 38. Pub. L. 101189, § 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. 101237, § 422(b)(1), added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107296, set out as a note under section 101 of this title.
Effective Date of 1998 AmendmentPub. L. 105368, title II, § 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 AmendmentAmendment by Pub. L. 103446 effective Oct. 1, 1994, see section 601(d) of Pub. L. 103446, set out as a note under section 3034 of Title 38, Veterans Benefits.
Effective Date of 1989 AmendmentsPub. L. 101237, title IV, § 405(e), Dec. 18, 1989, 103 Stat. 2082, 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. 101237 effective Sept. 30, 1990, see section 422(d) of Pub. L. 101237, set out as a note under section 16131 of this title. Amendment by section 642(c) of Pub. L. 101189 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. 101189, set out as a note under section 16131 of this title.
Effective DateSection 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. 98525, set out as an Effective Date of 1984 Amendment note under section 16131 of this title.
Savings ProvisionPub. L. 102568, title III, § 313(b), Oct. 29, 1992, 106 Stat. 4333, 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.”
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tags: ["legal", "us-code"]
---
# 10 U.S.C. § 16137 - Repealed. Pub. L. 11281, div. A, title X, § 1061(29)(A), Dec. 31, 2011, 125 Stat. 1584]
## Notes
Section, added Pub. L. 98525, title VII, § 705(a)(1), Oct. 19, 1984, 98 Stat. 2567, § 2137; renumbered § 16137, Pub. L. 103337, div. A, title XVI, § 1663(b)(2), Oct. 5, 1994, 108 Stat. 3006; amended Pub. L. 104106, div. A, title X, § 1077, Feb. 10, 1996, 110 Stat. 451; Pub. L. 10665, div. A, title V, § 548(a), Oct. 5, 1999, 113 Stat. 609, required biennial report on the operation of the educational assistance program.