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10 U.S.C. § 16162 — Educational assistance program

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 16162 — Educational assistance program

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Source location: Title 10, Chapter 1607, § 16162; chapter-1607-educational-assistance-for-reserve-component-members-supporting-contingency-operations-and-certain-other-operations.md

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**(a) Program Establishment.—** The Secretary of each military department, under regulations prescribed by the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall establish and maintain a program as prescribed in this chapter to provide educational assistance to members of the Ready Reserve of the armed forces under the jurisdiction of the Secretary concerned. **(b) Authorized Education Programs.—** 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. **(c) Benefit Amount.—** (1) The educational assistance program established under subsection (a) shall provide for payment by the Secretary concerned, through the Secretary of Veterans Affairs, an educational assistance allowance to each member entitled to educational assistance under this chapter who is pursuing a program of education authorized under subsection (b). (2) The educational assistance allowance provided under this chapter shall be based on the applicable percent under paragraph (4) to the applicable rate provided under [section 3015 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3015&num=0&edition=prelim) for a member whose entitlement is based on completion of an obligated period of active duty of three years. (3) The educational assistance allowance provided under this section for a person who is undertaking a program for which a reduced rate is specified in chapter 30 of title 38, that rate shall be further adjusted by the applicable percent specified in paragraph (4). (4) The adjusted educational assistance allowance under paragraph (2) or (3), as applicable, shall be— (A) 40 percent in the case of a member of a reserve component who performed active service for 90 consecutive days but less than one continuous year; (B) 60 percent in the case of a member of a reserve component who performed active service for one continuous year but less than two continuous years; or (C) 80 percent in the case of a member of a reserve component who performed active service for— (i) two continuous years or more; or (ii) an aggregate of three years or more. **(d) Maximum Months of Assistance.—** (1) Subject to [section 3695 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3695&num=0&edition=prelim), the maximum number of months of educational assistance that may be provided to any member under this chapter is 36 (or the equivalent thereof in part-time educational assistance). (2) (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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3695&num=0&edition=prelim) limits an individual’s receipt of assistance. (B) The payment of the educational assistance allowance referred to in subparagraph (A) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3695&num=0&edition=prelim) 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). **(e) Availability of Assistance for Licensing and Certification Tests.—** The provisions of [section 16131(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16131/j&num=0&edition=prelim) shall apply to the provision of educational assistance under this chapter, except that, in applying such section under this chapter, the reference to subsection (b) in paragraph (2) of such section is deemed to be a reference to subsection (c) of this section. **(f) Contributions for Increased Amount of Educational Assistance.—** (1) (A) Any individual eligible for educational assistance under this section may contribute amounts for purposes of receiving an increased amount of educational assistance as provided for in paragraph (2). (B) An individual covered by subparagraph (A) may make the contributions authorized by that subparagraph at any time while a member of a reserve component, but not more frequently than monthly. (C) The total amount of the contributions made by an individual under subparagraph (A) may not exceed $600. Such contributions shall be made in multiples of $20. (D) Contributions under this subsection shall be made to the Secretary concerned. Such Secretary shall deposit any amounts received as contributions under this subsection into the Treasury as miscellaneous receipts. (2) Effective as of the first day of the enrollment period following the enrollment period in which an individual makes contributions under paragraph (1), the monthly amount of educational assistance allowance applicable to such individual under this section shall be the monthly rate otherwise provided for under subsection (c) increased by— (A) an amount equal to $5 for each $20 contributed by such individual under paragraph (1) for an approved program of education pursued on a full-time basis; or (B) an appropriately reduced amount based on the amount so contributed as determined under regulations that the Secretary of Veterans Affairs shall prescribe, for an approved program of education pursued on less than a full-time basis.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3015 — Amount of basic educational assistance

**(a)** The amount of payment of educational assistance under this chapter is subject to [section 3032 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3032&num=0&edition=prelim). Except as otherwise provided in this section, in the case of an individual entitled to an educational assistance allowance under this chapter whose obligated period of active duty on which such entitlement is based is three years, a basic educational assistance allowance under this subchapter shall be paid— (1) for an approved program of education pursued on a full-time basis, at the monthly rate of— (A) for months occurring during the period beginning on August 1, 2008, and ending on the last day of fiscal year 2009, $1,321; and (B) for months occurring during a subsequent fiscal year, the amount for months occurring during the previous fiscal year increased under subsection (h); or (2) at an appropriately reduced rate, as determined under regulations which the Secretary shall prescribe, for an approved program of education pursued on less than a full-time basis. **(b)** In the case of an individual entitled to an educational assistance allowance under section 3011 or 3018 of this title whose obligated period of active duty on which such entitlement is based is two years, a basic educational assistance allowance under this chapter shall (except as provided in the succeeding subsections of this section) be paid— (1) for an approved program of education pursued on a full-time basis, at the monthly rate of— (A) for months occurring during the period beginning on August 1, 2008, and ending on the last day of fiscal year 2009, $1,073; and (B) for months occurring during a subsequent fiscal year, the amount for months occurring during the pr

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3015

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3695 — Limitation on period of assistance under two or more programs

**(a)** The aggregate period for which any person may receive assistance under two or more of the provisions of law listed below may not exceed 48 months (or the part-time equivalent thereof): (1) Parts VII or VIII, Veterans Regulation numbered 1(a), as amended. (2) Title II of the Veterans’ Readjustment Assistance Act of 1952. (3) The War Orphans’ Educational Assistance Act of 1956. (4) Chapters 30, 32, 33, 34, and 36. (5) Chapters 107, 1606, 1607, and 1611 of title 10. (6) Section 903 of the Department of Defense Authorization Act, 1981 (Public Law 96–342, [10 U.S.C. 2141](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2141&num=0&edition=prelim) note). (7) The Hostage Relief Act of 1980 (Public Law 96–449, [5 U.S.C. 5561](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5561&num=0&edition=prelim) note). (8) The Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Public Law 99–399). **(b)** No person may receive assistance under chapter 31 of this title in combination with assistance under any of the provisions of law cited in subsection (a) of this section in excess of 48 months (or the part-time equivalent thereof) unless the Secretary determines that additional months of benefits under chapter 31 of this title are necessary to accomplish the purposes of a rehabilitation program (as defined in [section 3101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3101&num=0&edition=prelim)) in the individual case. **(c)** The aggregate period for which any person may receive assistance under chapter 35 of this title, on the one hand, and any of the provisions of law referred to in subsection (a), on the other hand, may not exceed 81 months (or the part-time equiv

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3695

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 16131 — Educational assistance program: establishment; amount

**(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 availabl

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 16131

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 16162a — Accelerated payment of educational assistance

**(a) Payment on Accelerated Basis.—** The educational assistance allowance payable under [section 16162 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16162&num=0&edition=prelim) with respect to an eligible member described in subsection (b) may, upon the election of such eligible member, be paid on an accelerated basis in accordance with this section. **(b) Eligible Members.—** An eligible member described in this subsection is a member of a reserve component 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 member under [section 16162 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16162&num=0&edition=prelim). **(c) Amount of Accelerated Payment.—** (1) The amount of the accelerated payment of educational assistance payable with respect to an eligible member 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 member 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 16162a

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 16162 — Educational assistance program

Page 3774 TITLE 10—ARMED FORCES [§ 16137 Pub. L. 102–568, § 319, struck out ‘‘1780(c),’’ after ‘‘ex- ception of sections’’. Subsec. (c)(1). Pub. L. 102–568, § 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 ‘‘Depart- ment of Veterans Affairs’’ for ‘‘Veterans’ Administra- tion’’ in two places. 1989—Subsec. (a). Pub. L. 101–189, § 645(a)(1), sub- stituted ‘‘Secretary of Veterans Affairs’’ for ‘‘Adminis- trator of Veterans’ Affairs’’. Subsec. (b). Pub. L. 101–237, § 405(d)(3), inserted ref- erence to section 1685 of title 38. Pub. L. 101–189, § 642(c), amended first sentence gen- erally 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 sub- chapters 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 edu- cational assistance under this chapter.’’ Subsec. (c). Pub. L. 101–237, § 422(b)(1), added subsec. (c). Statutory Notes and Related Subsidiaries 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, § 204(c), Nov. 11, 1998, 112

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