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

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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Source location: Title 10, Chapter 1606, § 16135; 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. § 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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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 510 — Enlistment incentives for pursuit of skills to facilitate national service

**(a) Enlistment Incentive Program.—** The Secretary of Defense shall carry out an enlistment incentive program in accordance with this section under which a person who is a National Call to Service participant shall be entitled to one of the incentives specified in subsection (e). The program shall be carried out during the period ending on December 31, 2007, and may be carried out after that date. **(b) National Call to Service Participant.—** In this section, the term “National Call to Service participant” means a person who has not previously served in the armed forces who enters into an original enlistment pursuant to a written agreement with the Secretary of a military department (in such form and manner as may be prescribed by that Secretary) under which the person agrees to perform a period of national service as specified in subsection (c). **(c) National Service.—** The total period of national service to which a National Call to Service participant is obligated under the agreement under this section shall be specified in the agreement. Under the agreement, the participant shall— (1) upon completion of initial entry training (as prescribed by the Secretary of Defense), serve on active duty in a military occupational specialty designated by the Secretary of Defense under subsection (d) for a period of 15 months; (2) upon completion of the period of active duty specified in paragraph (1) and without a break in service, serve either (A) an additional period of active duty as determined by the Secretary of Defense, or (B) a period of 24 months in an active status in the Selected Reserve or the Space Force; and (3) upon completion of the period of service specified in paragraph (2), and without a break in service, serve the remaining period of obligated servic

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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. § 2135 — Renumbered § 16135]

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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. § 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

38 U.S.C. § 3485 — Work-study allowance

**(a)** (1) In accordance with paragraph (4), individuals utilized under the authority of subsection (b) shall be paid an additional educational assistance allowance (hereinafter in this section referred to as “work-study allowance”). Such allowance shall be paid in return for an individual’s entering into an agreement described in paragraph (3). (2) Such work-study allowance shall be paid in an amount equal to the product of— (A) the applicable hourly minimum wage; and (B) the number of hours worked during the applicable period. (3) An agreement described in this paragraph is an agreement of an individual to perform services, during or between periods of enrollment, aggregating not more than a number of hours equal to 25 times the number of weeks in the semester or other applicable enrollment period, required in connection with a qualifying work-study activity. (4) (A) With respect to covered work-study activities, the Secretary shall carry out this section by providing to participating educational institutions an annual amount for the institution to use in paying work-study allowance under paragraph (1) to individuals enrolled at the institution. (B) With respect to a participating educational institution that participated in the work-study program under this section during the academic year beginning August 1, 2018, the Secretary shall determine the annual amount to provide to the educational institution under subparagraph (A) as follows: (i) For the academic year beginning August 1, 2020, the amount shall be the total amount, determined in consultation with the educational institution, that the Secretary paid under this section for covered work-study activities to individuals enrolled at such educational institution during the academic year begi

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

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

Page 3772 TITLE 10—ARMED FORCES § 16134 1988—Subsec. (a). Pub. L. 100–689, § 111(b)(5)(A), sub- stituted ‘‘chapter’’ for ‘‘section’’. Subsec. (b). Pub. L. 100–689, § 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 ‘‘sec- tion 1431(e)’’ in par. (1). 1984—Pub. L. 98–525 amended section generally, sub- stituting 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 provi- sions relating to computation under par. (2) for provi- sions relating to computation under section 2131, and added par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–314, div. A, title VI, § 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 peri- ods 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

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