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10 U.S.C. § 16132 — Eligibility for educational assistance

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

10 U.S.C. § 16132 — Eligibility for educational assistance

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16131&num=0&edition=prelim). **(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

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Source location: Title 10, Chapter 1606, § 16132; chapter-1606-educational-assistance-for-members-of-the-selected-reserve.md

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

10 U.S.C. § 2132 — Renumbered § 16132]

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

10 U.S.C. § 10001 — Definition of State

In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.

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

10 U.S.C. § 113 — Secretary of Defense

**(a)** (1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. (2) A person may not be appointed as Secretary of Defense— (A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or (B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above. **(b)** The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 ([50 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim)) he has authority, direction, and control over the Department of Defense. **(c)** The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with— (1) a report from each military department on the expenditures, work, and accomplishments of that department; (2) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and (3) such recommendations as he considers appropriate. **(d)** Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense

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

10 U.S.C. § 101 — Definitions

**(a) In General.—** The following definitions apply in this title: (1) The term “United States”, in a geographic sense, means the States and the District of Columbia. (2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.] (3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth. (4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. (5) The term “uniformed services” means— (A) the armed forces; (B) the commissioned corps of the National Oceanic and Atmospheric Administration; and (C) the commissioned corps of the Public Health Service. (6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments. (7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government. (8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force. (9) The term

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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

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

10 U.S.C. § 16135 — Failure to participate satisfactorily; penalties

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16132&num=0&edition=prelim), whichever is less; or (2) be subject to the repayment provisions under section 303a(e) or 373 of title 37. **(b) Effect of Repayment.—** Any repayment under section 303a(e) or 373 of title 37 shall not affect the period of obligation of a member to serve as a Reserve in the Selected Reserve.

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

38 U.S.C. § 3031 — Time limitation for use of eligibility and entitlement

**(a)** Except as provided in subsections (b) through (g) and subsection (i), and subject to subsection (h), of this section, the period during which an individual entitled to educational assistance under this chapter may use such individual’s entitlement expires at the end of the 10-year period beginning on the date of such individual’s last discharge or release from active duty, except that such 10-year period shall begin— (1) in the case of an individual who becomes entitled to such assistance under clause (A) or (B) of [section 3012(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3012/a/1&num=0&edition=prelim), on the later of the date of such individual’s last discharge or release from active duty or the date on which the four-year requirement described in clause (A)(ii) or (B)(ii), respectively, of such section 3012(a)(1) is met; (2) in the case of an individual who becomes entitled to such assistance under section 3011(a)(1)(B), on the later of the date of such individual’s last discharge or release from active duty or January 1, 1990; and (3) in the case of an individual who becomes entitled to such assistance under section 3011(a)(1)(C) or 3012(a)(1)(C) of this title, on December 27, 2001. **(b)** In the case of any eligible individual who has been prevented, as determined by the Secretary, from pursuing a program of education under this chapter within the 10-year period prescribed by subsection (a) of this section because such individual had not met the nature of discharge requirement of this chapter before the nature of such individual’s discharge or release was changed by appropriate authority, such 10-year period shall not run during the period of time that such individual was so prevented from pursuing s

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

10 U.S.C. § 16132 — Eligibility for educational assistance

Page 3768 TITLE 10—ARMED FORCES § 16132 title increases during the enrollment period of a program of education for which an accelerated payment of educational assistance allowance is made under this section, the charge to the per- son’s entitlement to educational assistance under this chapter shall be determined by pro- rating the entitlement chargeable, in the man- ner provided for under paragraph (1), for the pe- riods covered by the initial rate and increased rate, respectively, in accordance with regula- tions prescribed by the Secretary of Veterans Affairs. (f) The Secretary of Veterans Affairs shall pre- scribe regulations to carry out this section. The regulations shall include requirements, condi- tions, and methods for the request, issuance, de- livery, certification of receipt and use, and re- covery of overpayment of an accelerated pay- ment of educational assistance allowance under this section. The regulations may include such elements of the regulations prescribed under section 3014A of title 38 as the Secretary of Vet- erans Affairs considers appropriate for purposes of this section. (g) The aggregate amount of educational as- sistance payable under this section in any fiscal year for enrollments covered by subsection (b)(1) may not exceed $4,000,000. (Added Pub. L. 110–181, div. A, title V, § 528(a)(1), Jan. 28, 2008, 122 Stat. 105.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 110–181, div. A, title V, § 528(a)(3), Jan. 28, 2008, 122 Stat. 107, provided that: ‘‘The amendments made by this subsection [enacting this section] shall take effect on October 1, 2008, and shall only apply to initial en- rollments in approved programs of education after such date.’’ § 16132. Eligibility for educational assistance (a) A

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