10 U.S.C. § 16134 — Termination of assistance

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 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 indi- viduals 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. EXTENSION OF TIME LIMITATIONS FOR USE OF ENTITLE- MENT: EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE Pub. L. 116–140, § 6(d), Apr. 28, 2020, 134 Stat. 634, which provided for a temporary extension to use entitled edu- cational assistance, was repealed by Pub. L. 117–333, § 3(f), Jan. 5, 2023, 136 Stat. 6128. See subsec. (b)(5) of this section. § 16134. Termination of assistance Educational assistance may not be provided under this chapter— (1) to a member receiving financial assist- ance under section 2107 of this title as a mem- ber of the Senior Reserve Officers’ Training Corps program; or (2) to a member who fails to participate sat- isfactorily in required training as a member of the Selected Reserve. (Added Pub. L. 95–79, title IV, § 402(a), July 30, 1977, 91 Stat. 330, § 2134; amended Pub. L. 98–94, title XII, § 1268(14), Sept. 24, 1983, 97 Stat. 707; Pub. L. 98–525, title VII, § 705(a)(1), Oct. 19, 1984, 98 Stat. 2566; renumbered § 16134, Pub. L. 103–337, div. A, title XVI, § 1663(b)(2), Oct. 5, 1994, 108 Stat. 3006.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–337 renumbered section 2134 of this title as this section. 1984—Pub. L. 98–525 amended section generally, sub- stituting provisions covering termination of edu- cational 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. Statutory Notes and Related Subsidiaries 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. § 16135. Failure to participate satisfactorily; pen- alties (a) PENALTIES.—At the option of the Secretary concerned, a member of the Selected Reserve of an armed force who does not participate satis- factorily 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 as- sistance 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) 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. (Added Pub. L. 95–79, title IV, § 402(a), July 30, 1977, 91 Stat. 330, § 2135; amended Pub. L. 95–485, title IV, § 402(b), Oct. 20, 1978, 92 Stat. 1613; Pub. L. 96–342, title IX, § 906(b), Sept. 8, 1980, 94 Stat. 1117; Pub. L. 98–525, title VII, § 705(a)(1), Oct. 19, 1984, 98 Stat. 2566; Pub. L. 100–689, title I, § 111(b)(6), Nov. 18, 1988, 102 Stat. 4173; renum- bered § 16135 and amended Pub. L. 103–337, div. A, title XVI, § 1663(b)(2), (6), Oct. 5, 1994, 108 Stat. 3006, 3007; Pub. L. 104–106, div. A, title XV, § 1501(b)(35), Feb. 10, 1996, 110 Stat. 498; Pub. L. 107–314, div. A, title VI, § 642, Dec. 2, 2002, 116 Stat. 2577; Pub. L. 109–163, div. A, title VI, § 687(c)(12), Jan. 6, 2006, 119 Stat. 3335; Pub. L. 115–91, div. A, title VI, § 618(a)(1)(N), Dec. 12, 2017, 131 Stat. 1426.) Editorial Notes AMENDMENTS 2017—Subsecs. (a)(2), (b). Pub. L. 115–91 inserted ‘‘or 373’’ before ‘‘of title 37’’.