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10 U.S.C. § 16163 — Eligibility for educational assistance
Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligibility.—** On or after September 11, 2001, a member of a reserve component is entitled to educational assistance under this chapter if the member—
(1) served on active duty in support of a contingency operation for 90 consecutive days or more; or
(2) in the case of a member of the Army National Guard of the United States or Air National Guard of the United States, performed full time National Guard duty under [section 502(f) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f&num=0&edition=prelim) for 90 consecutive days or more when authorized by the President or Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds.
**(b) Disabled Members.—** Notwithstanding the eligibility requirements in subsection (a), a member who was ordered to active service as prescribed under subsection (a)(1) or (a)(2) but is released from duty before completing 90 consecutive days because of an injury, illness or disease incurred or aggravated in the line of duty shall be entitled to educational assistance under this chapter at the rate prescribed in [section 16162(c)(4)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16162/c/4/A&num=0&edition=prelim).
**(c) Written Notification.—**
(1) Each member who becomes entitled to educational assistance under subsection (a) shall be given a statement in writing prior to release from active service that summarizes the provisions of this chapter and stating clearly and prominently the substance of [section 16165 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16165&num=0&edition=prelim) as such section may apply to the member.
(2
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Stable record: federal_law:legal_authorities:record_usc_58ac0cd6cf6c30f6dbbb61de
Source file: Laws/federal/codes/united-states-code/title-10/section-16163-eligibility-for-educational-assistance--d006c9e0fa.md
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Source location: Title 10, Chapter 1607, § 16163; chapter-1607-educational-assistance-for-reserve-component-members-supporting-contingency-operations-and-certain-other-operations.md
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**(a) Eligibility.—** On or after September 11, 2001, a member of a reserve component is entitled to educational assistance under this chapter if the member—
(1) served on active duty in support of a contingency operation for 90 consecutive days or more; or
(2) in the case of a member of the Army National Guard of the United States or Air National Guard of the United States, performed full time National Guard duty under [section 502(f) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f&num=0&edition=prelim) for 90 consecutive days or more when authorized by the President or Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds.
**(b) Disabled Members.—** Notwithstanding the eligibility requirements in subsection (a), a member who was ordered to active service as prescribed under subsection (a)(1) or (a)(2) but is released from duty before completing 90 consecutive days because of an injury, illness or disease incurred or aggravated in the line of duty shall be entitled to educational assistance under this chapter at the rate prescribed in [section 16162(c)(4)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16162/c/4/A&num=0&edition=prelim).
**(c) Written Notification.—**
(1) Each member who becomes entitled to educational assistance under subsection (a) shall be given a statement in writing prior to release from active service that summarizes the provisions of this chapter and stating clearly and prominently the substance of [section 16165 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16165&num=0&edition=prelim) as such section may apply to the member.
(2) At the request of the Secretary of Veterans Affairs, the Secretary concerned shall transmit a notice of entitlement for each such member to that Secretary.
**(d) Bar From Dual Eligibility.—** A member who qualifies for educational assistance under this chapter may not receive credit for such service under both the program established by chapter 30 of title 38 and the program established by this chapter but shall make an irrevocable election (in such form and manner as the Secretary of Veterans Affairs may prescribe) as to the program to which such service is to be credited.
**(e) Bar From Duplication of Educational Assistance Allowance.—**
(1) Except as provided in paragraph (2), an individual entitled to educational assistance under this chapter who is also eligible for educational assistance under chapter 1606 of this title, chapter 30, 31, 32, 33, or 35 of title 38, or under the Hostage Relief Act of 1980 (Public Law 96–449; [5 U.S.C. 5561](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5561&num=0&edition=prelim) note) may not receive assistance under more than one such program and shall elect (in such form and manner as the Secretary of Veterans Affairs may prescribe) under which program the member elects to receive educational assistance.
(2) The restriction on duplication of educational assistance under paragraph (1) does not apply to the entitlement of educational assistance under [section 16131(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16131/i&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) The term “active duty” has the meanings as follows (subject to the limitations specified in sections 3002(6) and 3311(b)):
(A) In the case of members of the regular components of the Armed Forces, the meaning given such term in section 101(21)(A).
(B) In the case of members of the reserve components of the Armed Forces, service on active duty under a call or order to active duty under section 688, 12301(a), 12301(d), 12301(g), 12301(h), 12302, 12304, 12304a, or 12304b of title 10 or section 712 11 See References in Text note below. of title 14.
(C) In the case of a member of the Army National Guard of the United States or Air National Guard of the United States, in addition to service described in subparagraph (B), full-time service—
(i) in the National Guard of a State for the purpose of organizing, administering, recruiting, instructing, or training the National Guard; or
(ii) in the National Guard under [section 502(f) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f&num=0&edition=prelim) when authorized by the President or the Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds.
(2) The term “emergency situation” has the meaning given such term in [section 3601 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3601&num=0&edition=prelim).
(3) The term “entry level and skill training” means the following:
(A) In the case of members of the Army, Basic Combat Training and Advanced Individual Training or One Station Unit Training.
(B) In the case of members of the Navy, Recruit Training (or Boot Camp) and Skill Training (or so-called “A” School).
(C) In th
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as provided in subsection (b), educational assistance may not be provided under this chapter, or if being provided under this chapter, shall be terminated—
(1) if the member is receiving financial assistance under [section 2107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2107&num=0&edition=prelim) as a member of the Senior Reserve Officers’ Training Corps program; or
(2) when the member separates from the Ready Reserve as provided in [section 16164(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16164/a/1&num=0&edition=prelim), or upon completion of the period provided for in [section 16164(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16164/a/2&num=0&edition=prelim), as applicable.
**(b) Exception.—** Under regulations prescribed by the Secretary of Defense, educational assistance may be provided under this chapter to a member of the Selected Reserve of the Ready Reserve who incurs a break in service in the Selected Reserve if the member continues to serve in the Ready Reserve during and after such break in service.
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) “agency” means an Executive agency and a military department;
(2) “employee” means an employee in or under an agency who is a citizen or national of the United States or an alien admitted to the United States for permanent residence, but does not include a part-time or intermittent employee or native labor casually hired on an hourly or daily basis. However, such an employee who enters a status listed in paragraph (5)(A)–(E) of this section—
(A) inside the continental United States; or
(B) who is a resident at or in the vicinity of his place of employment in a territory or possession of the United States or in a foreign country and who was not living there solely as a result of his employment;
is an employee for the purpose of this subchapter only on a determination by the head of the agency concerned that this status is the proximate result of employment by the agency;
(3) “dependent” means—
(A) a wife;
(B) an unmarried child (including an unmarried dependent stepchild or adopted child) under 21 years of age;
(C) a dependent mother or father;
(D) a dependent designated in official records; and
(E) an individual determined to be dependent by the head of the agency concerned or his designee;
(4) “active service” means active Federal service by an employee;
(5) “missing status” means the status of an employee who is in active service and is officially carried or determined to be absent in a status of—
(A) missing;
(B) missing in action;
(C) interned in a foreign country;
(D) captured, beleaguered, or besieged by a hostile force; or
(E) detained in a foreign country against his will;
but does not include the status of an employee for a period during which he is officially determined to be
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Duration of Entitlement.—** Except as provided in subsection (b), a member remains entitled to educational assistance under this chapter—
(1) while the member is serving—
(A) in the Selected Reserve of the Ready Reserve, in the case of a member called or ordered to active service while serving in the Selected Reserve; or
(B) in the Ready Reserve, in the case of a member ordered to active duty while serving in the Ready Reserve (other than the Selected Reserve); and
(2) in the case of a person who separates from the Selected Reserve of the Ready Reserve after completion of a period of active service described in [section 16163 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16163&num=0&edition=prelim) and completion of a service contract under honorable conditions, during the 10-year period beginning on the date on which the person separates from the Selected Reserve.
**(b) Duration of Entitlement for Disabled Members.—**
(1) In the case of a person who is separated from the Ready 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, such person’s entitlement to educational assistance expires at the end of the 10-year period beginning on the date on which such person became entitled to such assistance.
(2) The provisions of subsections (d) and (f) of [section 3031 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3031&num=0&edition=prelim) shall apply to the period of entitlement prescribed by paragraph (1).
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this title—
(1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively.
(2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable.
(3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried.
(4)
(A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and—
(i) who is under the age of eighteen years;
(ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or
(iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution;
and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) An individual entitled to educational assistance under a program established by this chapter who is also eligible for educational assistance under a program under chapter 31, 32, 33, or 35 of this title, under chapter 106 or 107 of title 10, or under 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) may not receive assistance under two or more of such programs concurrently but shall elect (in such form and manner as the Secretary may prescribe) under which program to receive educational assistance.
(2) An individual entitled to educational assistance under chapter 34 of this title may not receive assistance under this chapter before January 1, 1990.
**(b)** A period of service counted for purposes of repayment under chapter 109 of title 10 of an education loan may not also be counted for purposes of entitlement to educational assistance under this chapter.
**(c)** An individual who serves in the Selected Reserve may not receive credit for such service under two or more of the programs established by this chapter, chapter 33 of this title, and chapters 1606 and 1607 of title 10 but shall elect (in such form and manner as the Secretary may prescribe) the program to which such service is to be credited.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Entitlement.—** Subject to subsections (d) and (e), each individual described in subsection (b) is entitled to educational assistance under this chapter.
**(b) Covered Individuals.—** An individual described in this subsection is any individual as follows:
(1) An individual who—
(A) commencing on or after September 11, 2001, serves an aggregate of at least 36 months on active duty in the Armed Forces (including service on active duty in entry level and skill training); and
(B) after completion of service described in subparagraph (A)—
(i) continues on active duty; or
(ii) is discharged or released from active duty as described in subsection (c).
(2) An individual—
(A) who—
(i) commencing on or after September 11, 2001, serves at least 30 continuous days on active duty in the Armed Forces; and
(ii) after completion of service described in clause (i), is discharged or released from active duty in the Armed Forces for a service-connected disability or by reason of a sole survivorship discharge (as that term is defined in [section 1174(i) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1174/i&num=0&edition=prelim)); or
(B) who—
(i) commencing on or after September 11, 2001, completes at least 30 continuous days of service described in subsection (d)(1) or (2); and
(ii) after completion of service described in clause (i), is discharged or released by reason of a sole survivorship discharge (as that term is defined in [section 1174(i) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1174/i&num=0&edition=prelim)).
(3) An individual who—
(A) commencing on or after September 11, 2001, serves an aggregate of at least 30 months, but less than 36 m
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3311
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Subject to section 3695 and except as provided in subsections (b) and (c), an individual entitled to educational assistance under this chapter is entitled to a number of months of educational assistance under section 3313 equal to 36 months.
**(b) Continuing Receipt.—** The receipt of educational assistance under section 3313 by an individual entitled to educational assistance under this chapter is subject to the provisions of section 3321(b)(2).
**(c) Discontinuation of Education for Active Duty.—**
(1) **In general.—** — Any payment of educational assistance described in paragraph (2) shall not—
(A) be charged against any entitlement to educational assistance of the individual concerned under this chapter; or
(B) be counted against the aggregate period for which section 3695 limits the individual’s receipt of educational assistance under this chapter.
(2) **Description of payment of educational assistance.—** — Subject to paragraph (3), the payment of educational assistance described in this paragraph is the payment of such assistance to an individual for pursuit of a course or courses under this chapter if the Secretary finds that the individual—
(A)
(i) in the case of an individual not serving on active duty, had to discontinue such course pursuit as a result of being called or ordered to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10; or
(ii) in the case of an individual serving on active duty, had to discontinue such course pursuit as a result of being ordered to a new duty location or assignment or to perform an increased amount of work; and
(B) failed to receive credit or lost training time toward completion of the individual’s approved education, professional, or v
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3312
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Payment.—** The Secretary shall pay to each individual entitled to educational assistance under this chapter who is pursuing an approved program of education (other than a program covered by subsections (e) and (f)) the amounts specified in subsection (c) to meet the expenses of such individual’s subsistence, tuition, fees, and other educational costs for pursuit of such program of education.
**(b) Approved Programs of Education.—** A program of education is an approved program of education for purposes of this chapter if the program of education is approved for purposes of chapter 30 (including approval by the State approving agency concerned).
**(c) Programs of Education Leading to a Degree Pursued at Institutions of Higher Learning on More Than Half-time Basis.—** The amounts payable under this subsection for pursuit of an approved program of education leading to a degree at an institution of higher learning (as that term is defined in section 3452(f)) are amounts as follows:
(1) In the case of an individual entitled to educational assistance under this chapter by reason of paragraph (1), (2), (8), (9), (10), or (11) of section 3311(b), amounts as follows:
(A) An amount equal to the following:
(i) In the case of a program of education pursued at a public institution of higher learning, the actual net cost for in-State tuition and fees assessed by the institution for the program of education after the application of—
(I) any waiver of, or reduction in, tuition and fees; and
(II) any scholarship, or other Federal, State, institutional, or employer-based aid or assistance (other than loans and any funds provided under section 401(b) of the Higher Education Act of 1965 ([20 U.S.C. 1070a(b)](https://uscode.house.gov/view.xhtml?req=granuleid:
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Subject to subsection (b), an individual entitled to educational assistance under this chapter shall also be entitled to benefits provided an eligible veteran under section 3492.
**(b) Conditions.—**
(1) **In general.—** — The provision of benefits under subsection (a) shall be subject to the conditions applicable to an eligible veteran under section 3492.
(2) **Certification.—** — In addition to the conditions specified in paragraph (1), benefits may not be provided to an individual under subsection (a) unless the professor or other individual teaching, leading, or giving the course for which such benefits are provided certifies that—
(A) such benefits are essential to correct a deficiency of the individual in such course; and
(B) such course is required as a part of, or is prerequisite or indispensable to the satisfactory pursuit of, an approved program of education.
**(c) Amount.—**
(1) **In general.—** — The amount of benefits described in subsection (a) that are payable under this section may not exceed $100 per month, for a maximum of 12 months, or until a maximum of $1,200 is utilized.
(2) **As additional assistance.—** — The amount provided an individual under this subsection is in addition to the amounts of educational assistance paid the individual under section 3313.
**(d) No Charge Against Entitlement.—** Any benefits provided an individual under subsection (a) are in addition to any other educational assistance benefits provided the individual under this chapter.
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