republic-os/legal/us/code/title-10/chapter-1607/section-16163.md

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LegalText	10 U.S.C. § 16163	Eligibility for educational assistance	us	united_states_code	code_section	10	ARMED FORCES	1607	EDUCATIONAL ASSISTANCE FOR RESERVE COMPONENT MEMBERS SUPPORTING CONTINGENCY OPERATIONS AND CERTAIN OTHER OPERATIONS	16163	10 U.S.C. § 16163	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip	/us/usc/t10/s16163	data/legal/raw/us/code/title-10/usc10.xml	68caad47045fe90c06c7075fdf6e153dd8c4c52ac63f276d46f0e3f713aa48de	06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1	5504d576d1de9e4d508d663704cd3055f846e29fd0c74b8190d0b3787fd9c71b	2026-07-04	official	legal us-code

10 U.S.C. § 16163 - Eligibility for educational assistance

Text

(a) Eligibility.— On or after September 11, 2001, a member of a reserve component is entitled to educational assistance under this chapter if the member—

(1) served on active duty in support of a contingency operation for 90 consecutive days or more; or

(2) in the case of a member of the Army National Guard of the United States or Air National Guard of the United States, performed full time National Guard duty under section 502(f) of title 32 for 90 consecutive days or more when authorized by the President or Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds.

(b) Disabled Members.— Notwithstanding the eligibility requirements in subsection (a), a member who was ordered to active service as prescribed under subsection (a)(1) or (a)(2) but is released from duty before completing 90 consecutive days because of an injury, illness or disease incurred or aggravated in the line of duty shall be entitled to educational assistance under this chapter at the rate prescribed in section 16162(c)(4)(A) of this title.

(c) Written Notification.— (1) Each member who becomes entitled to educational assistance under subsection (a) shall be given a statement in writing prior to release from active service that summarizes the provisions of this chapter and stating clearly and prominently the substance of section 16165 of this title as such section may apply to the member.

(2) At the request of the Secretary of Veterans Affairs, the Secretary concerned shall transmit a notice of entitlement for each such member to that Secretary.

(d) Bar From Dual Eligibility.— A member who qualifies for educational assistance under this chapter 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 make an irrevocable election (in such form and manner as the Secretary of Veterans Affairs may prescribe) as to the program to which such service is to be credited.

(e) Bar From Duplication of Educational Assistance Allowance.— (1) Except as provided in paragraph (2), an individual entitled to educational assistance under this chapter who is also eligible for educational assistance under chapter 1606 of this title, chapter 30, 31, 32, 33, or 35 of title 38, or under the Hostage Relief Act of 1980 (Public Law 96–449; 5 U.S.C. 5561 note) may not receive assistance under more than one such program and shall elect (in such form and manner as the Secretary of Veterans Affairs may prescribe) under which program the member elects to receive educational assistance.

(2) The restriction on duplication of educational assistance under paragraph (1) does not apply to the entitlement of educational assistance under section 16131(i) of this title.

(Added Pub. L. 108–375, div. A, title V, § 527(a), Oct. 28, 2004, 118 Stat. 1892; amended Pub. L. 109–163, div. A, title V, § 540(a), Jan. 6, 2006, 119 Stat. 3251; Pub. L. 110–252, title V, § 5003(b)(1)(C), June 30, 2008, 122 Stat. 2375; Pub. L. 111–84, div. A, title X, § 1073(a)(36), Oct. 28, 2009, 123 Stat. 2474.)

Notes

Editorial Notes

References in TextThe Hostage Relief Act of 1980, referred to in subsec. (e)(1), is Pub. L. 96–449, Oct. 14, 1980, 94 Stat. 1967, as amended, which was formerly set out as a note under section 5561 of Title 5, Government Organization and Employees.

Amendments2009—Subsec. (e)(1). Pub. L. 111–84 substituted “such program” for “such programs”. 2008—Subsec. (e)(1). Pub. L. 110–252 inserted “33,” after “32,”. 2006—Subsec. (e)(1). Pub. L. 109–163 substituted “Secretary of Veterans Affairs” for “Secretary concerned”.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 AmendmentPub. L. 110–252, title V, § 5003(d), June 30, 2008, 122 Stat. 2378, provided that: “This section [enacting chapter 33 of Title 38, Veterans’ Benefits, amending this section and sections 3033, 3485, 3688 to 3690, 3692, 3695, 3697, and 3697A of Title 38, and enacting provisions set out as a note under section 3301 of Title 38] and the amendments made by this section shall take effect on August 1, 2009.”