-CITE-
    10 USC CHAPTER 1606 - EDUCATIONAL ASSISTANCE FOR MEMBERS
           OF THE SELECTED RESERVE                         01/03/2007

-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.

-End-



-CITE-
    10 USC Sec. 16131                                           01/03/2007

-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.
      (j)(1) Subject to paragraph (3), the amount of educational
    assistance payable under this chapter for a licensing or
    certification test described in section 3452(b) of title 38 is the
    lesser of $2,000 or the fee charged for the test.
      (2) The number of months of entitlement charged in the case of
    any individual for such licensing or certification test is equal to
    the number (including any fraction) determined by dividing the
    total amount of educational assistance paid such individual for
    such test by the full-time monthly institutional rate of
    educational assistance which, but for paragraph (1), such
    individual would otherwise be paid under subsection (b).
      (3) In no event shall payment of educational assistance under
    this subsection for such a test exceed the amount of the
    individual's available entitlement under this chapter.

-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, Secs. 110(a), 111(b)(1), Nov. 18, 1988, 102 Stat. 4170,
    4172; Pub. L. 101-189, div. A, title VI, Secs. 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, Secs. 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; Pub. L.
    109-163, div. A, title V, Sec. 539(a), Jan. 6, 2006, 119 Stat.
    3250.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (j). Pub. L. 109-163 added subsec. (j).
      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 2006 AMENDMENT                 
      Pub. L. 109-163, div. A, title V, Sec. 539(c), Jan. 6, 2006, 119
    Stat. 3250, provided that: "The amendments made by this section
    [amending this section and section 16162 of this title] shall apply
    to a licensing or certification test administered on or after the
    date of the enactment of this Act [Jan. 6, 2006]."

                     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."

      INCREASE IN BENEFIT FOR INDIVIDUALS PURSUING APPRENTICESHIP OR
           ON-JOB TRAINING; SELECTED RESERVE MONTGOMERY GI BILL
      Pub. L. 108-454, title I, Sec. 103(d), Dec. 10, 2004, 118 Stat.
    3601, provided that: "For months beginning on or after October 1,
    2005, and before January 1, 2008, subsection (d)(1) of section
    16131 of title 10, United States Code, shall be applied as if - 
        "(1) the reference to '75 percent' in subparagraph (A) were a
      reference to '85 percent';
        "(2) the reference to '55 percent' in subparagraph (B) were a
      reference to '65 percent'; and
        "(3) the reference to '35 percent' in subparagraph (C) were a
      reference to '45 percent'."

     1995 COST-OF-LIVING ADJUSTMENT IN RATES OF EDUCATIONAL ASSISTANCE 
      Pub. L. 103-66, title XII, Sec. 12009(c), Aug. 10, 1993, 107
    Stat. 416, provided that the fiscal year 1995 cost-of-living
    adjustments in the rates of educational assistance payable under
    chapter 30 of Title 38, Veterans' Benefits, and this chapter were
    to 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 subsec. (b)(2) of this section but for section 12009 of Pub.
    L. 103-66.

-End-



-CITE-
    10 USC Sec. 16132                                           01/03/2007

-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, Secs.
    110(b), 111(b)(2)-(4), Nov. 18, 1988, 102 Stat. 4170, 4173; Pub. L.
    101-189, div. A, title VI, Secs. 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."

-End-



-CITE-
    10 USC Sec. 16133                                           01/03/2007

-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.

-End-



-CITE-
    10 USC Sec. 16134                                           01/03/2007

-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.

-End-



-CITE-
    10 USC Sec. 16135                                           01/03/2007

-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) 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) of title 37.

      (b) Effect of Repayment. - Any repayment under section 303a(e) of
    title 37 shall not affect the period of obligation of a member to
    serve as a Reserve in the Selected Reserve.

-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; Pub. L. 109-163, div. A, title VI, Sec. 687(c)(12),
    Jan. 6, 2006, 119 Stat. 3335.)


-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-163 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. 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.

                             SAVINGS PROVISION                         
      For 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. 109-163, see section 687(f) of Pub. L.
    109-163, set out as a note under section 510 of this title.

-End-



-CITE-
    10 USC Sec. 16136                                           01/03/2007

-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,
    Secs. 642(c), 645(a)(1), Nov. 29, 1989, 103 Stat. 1457, 1458; Pub.
    L. 101-237, title IV, Secs. 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,
    Secs. 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."

-End-



-CITE-
    10 USC Sec. 16137                                           01/03/2007

-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.

-End-