10 U.S.C. § 16165 — Termination of assistance

Page 3779 TITLE 10—ARMED FORCES § 16165 (A) the manner of authorizing the transfer of entitlements under this section; (B) the eligibility criteria in accordance with subsection (b); and (C) the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (f)(2). (k) SECRETARY CONCERNED DEFINED.—For pur- poses of this section, the term ‘‘Secretary con- cerned’’ has the meaning given in section 101(a)(9) in the case of a member of the armed forces. (Added Pub. L. 110–252, title V, § 5006(c), June 30, 2008, 122 Stat. 2383; amended Pub. L. 111–383, div. A, title X, § 1075(b)(56), Jan. 7, 2011, 124 Stat. 4372.) Editorial Notes AMENDMENTS 2011—Subsec. (b)(2). Pub. L. 111–383 substituted ‘‘sub- section (j)’’ for ‘‘section (j)’’. § 16164. Time limitation for use of entitlement (a) DURATION OF ENTITLEMENT.—Except as pro- vided in subsection (b), a member remains enti- tled to educational assistance under this chap- ter— (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 Se- lected Reserve); and (2) in the case of a person who separates from the Selected Reserve of the Ready Re- serve after completion of a period of active service described in section 16163 of this title and completion of a service contract under honorable conditions, during the 10-year pe- riod 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 sep- arated from the Ready Reserve because of a dis- ability which was not the result of the individ- ual’s own willful misconduct incurred on or after the date on which such person became en- titled to educational assistance under this chap- ter, such person’s entitlement to educational as- sistance expires at the end of the 10-year period beginning on the date on which such person be- came entitled to such assistance. (2) The provisions of subsections (d) and (f) of section 3031 of title 38 shall apply to the period of entitlement prescribed by paragraph (1). (Added Pub. L. 108–375, div. A, title V, § 527(a), Oct. 28, 2004, 118 Stat. 1892; amended Pub. L. 110–181, div. A, title V, § 530(a)(1), Jan. 28, 2008, 122 Stat. 110; Pub. L. 110–417, [div. A], title V, § 546(a), Oct. 14, 2008, 122 Stat. 4466.) Editorial Notes AMENDMENTS 2008—Subsec. (a). Pub. L. 110–181 substituted ‘‘this chapter—’’ and pars. (1) and (2) for ‘‘this chapter while serving— ‘‘(1) 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 ‘‘(2) in the Ready Reserve, in the case of a member ordered to active duty while serving in the Ready Re- serve (other than the Selected Reserve).’’ Subsec. (a)(2). Pub. L. 110–417 substituted ‘‘honorable conditions’’ for ‘‘other than dishonorable conditions’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–417, [div. A], title V, § 546(b), Oct. 14, 2008, 122 Stat. 4466, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Oct. 14, 2008] and shall apply to a person described in section 16163 of title 10, United States Code, who— ‘‘(1) separates from a reserve component on or after January 28, 2008, the date of the enactment of the Na- tional Defense Authorization Act for Fiscal Year 2008 [Pub. L. 110–181]; and ‘‘(2) as of the date of the enactment of this Act, has not used any of the person’s entitlement to edu- cational assistance under chapter 1607 of such title.’’ Pub. L. 110–181, div. A, title V, § 530(c), Jan. 28, 2008, 122 Stat. 110, provided that: ‘‘The amendments made by this section [amending this section and section 16165 of this title] shall take effect as of October 28, 2004, as if included in the enactment of the Ronald W. Reagan Na- tional Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375), to which such amendments re- late.’’ § 16165. Termination of assistance (a) IN GENERAL.—Except as provided in sub- section (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 as- sistance under section 2107 of this title as a member of the Senior Reserve Officers’ Train- ing Corps program; or (2) when the member separates from the Ready Reserve as provided in section 16164(a)(1) of this title, or upon completion of the period provided for in section 16164(a)(2) of this title, as applicable. (b) EXCEPTION.—Under regulations prescribed by the Secretary of Defense, educational assist- ance 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 Se- lected Reserve if the member continues to serve in the Ready Reserve during and after such break in service. (Added Pub. L. 108–375, div. A, title V, § 527(a), Oct. 28, 2004, 118 Stat. 1893; amended Pub. L. 109–163, div. A, title V, § 540(b), Jan. 6, 2006, 119 Stat. 3251; Pub. L. 110–181, div. A, title V, § 530(a)(2), (b), Jan. 28, 2008, 122 Stat. 110.) Editorial Notes AMENDMENTS 2008—Subsec. (a)(2). Pub. L. 110–181, § 530(a)(2), amend- ed par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘when the member separates from the Ready Reserve, as provided for under section 16164(a)(1) or section 16164(a)(2), as applicable, of this title.’’ Subsec. (b). Pub. L. 110–181, § 530(b), struck out ‘‘of not more than 90 days’’ after ‘‘in the Selected Reserve’’. 2006—Pub. L. 109–163 designated existing provisions as subsec. (a), inserted heading, substituted ‘‘Except as Page 3780 TITLE 10—ARMED FORCES § 16166 provided in subsection (b), educational assistance’’ for ‘‘Educational assistance’’, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–181 effective as of Oct. 28, 2004, as if included in the enactment of Pub. L. 108–375 to which such amendment related, see section 530(c) of Pub. L. 110–181, set out as a note under section 16164 of this title. § 16166. Administration of program (a) ADMINISTRATION.—Educational assistance under this chapter shall be provided through the Department of Veterans Affairs, under agree- ments to be entered into by the Secretary of De- fense, and by the Secretary of Homeland Secu- rity, with the Secretary of Veterans Affairs. Such agreements shall include administrative procedures to ensure the prompt and timely transfer of funds from the Secretary concerned to the Department of Veterans Affairs for the making of payments under this chapter. (b) PROGRAM MANAGEMENT.—Except as other- wise provided in this chapter, the provisions of sections 503, 511, 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of title 38 and the provisions of subchapters I and II of chapter 36 of such title (with the exception of sections 3686(a), 3687, and 3692) shall be applicable to the provision of edu- cational assistance under this chapter. The term ‘‘eligible veteran’’ and the term ‘‘person’’, as used in those provisions, shall be deemed for the purpose of the application of those provisions to this chapter to refer to a person eligible for edu- cational assistance under this chapter. (c) FLIGHT TRAINING.—The Secretary of Vet- erans Affairs may approve the pursuit of flight training (in addition to a course of flight train- ing that may be approved under section 3680A(b) of title 38) by an individual entitled to edu- cational assistance under this chapter if— (1) such training is generally accepted as necessary for the attainment of a recognized vocational objective in the field of aviation; (2) the individual possesses a valid private pilot certificate and meets, on the day the member begins a course of flight training, the medical requirements necessary for a commer- cial pilot certificate; and (3) the flight school courses meet Federal Aviation Administration standards for such courses and are approved by the Federal Avia- tion Administration and the State approving agency. (d) TRUST FUND.—Amounts for payments for benefits under this chapter shall be derived from the Department of Defense Education Benefits Fund under section 2006 of this title. (Added Pub. L. 108–375, div. A, title V, § 527(a), Oct. 28, 2004, 118 Stat. 1893.) § 16167. Sunset (a) SUNSET.—The authority to provide edu- cational assistance under this chapter shall ter- minate on the date that is four years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2016. (b) LIMITATION ON PROVISION OF ASSISTANCE PENDING SUNSET.—Notwithstanding any other provision of this chapter, during the period be- ginning on the date of the enactment of the Na- tional Defense Authorization Act for Fiscal Year 2016 and ending on the date that is four years after the date of the enactment of that Act, educational assistance may be provided under this chapter only to a member otherwise eligible for educational assistance under this chapter who received educational assistance under this chapter for a course of study at an educational institution for the enrollment pe- riod at the educational institution that imme- diately preceded the date of the enactment of that Act. (c) ELIGIBILITY FOR POST-9/11 EDUCATIONAL AS- SISTANCE.—A member who loses eligibility for benefits under this chapter pursuant to sub- section (b) shall be allowed to elect (in such form and manner as the Secretary of Veterans Affairs may prescribe) to have such service pre- viously credited toward this chapter credited to- wards establishing eligibility for educational as- sistance under chapter 33 of title 38, notwith- standing the provisions of section 16163(e) of this title or section 3322(h)(1) of title 38. (Added Pub. L. 114–92, div. A, title V, § 555(a), Nov. 25, 2015, 129 Stat. 824; amended Pub. L. 115–48, title I, § 106(a), Aug. 16, 2017, 131 Stat. 977.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the National Defense Authorization Act for Fiscal Year 2016, referred to in subsecs. (a) and (b), is the date of enactment of Pub. L. 114–92, which was approved Nov. 25, 2015. AMENDMENTS 2017—Subsec. (c). Pub. L. 115–48 added subsec. (c). CHAPTER 1608—HEALTH PROFESSIONS STIPEND PROGRAM Sec. 16201. Financial assistance: health-care profes- sionals in reserve components. 16202. Reserve service: required active duty for training. 16203. Penalties and limitations. 16204. Regulations. § 16201. Financial assistance: health-care profes- sionals in reserve components (a) ESTABLISHMENT OF PROGRAM.—For the pur- pose of obtaining adequate numbers of commis- sioned officers in the reserve components who are qualified in health professions, the Sec- retary of each military department may estab- lish and maintain a program to provide financial assistance under this chapter to persons engaged in training that leads to a degree in medicine or dentistry or training in a health professions spe- cialty that is critically needed in wartime. Under such a program, the Secretary concerned may agree to pay a financial stipend to persons engaged in health care education and training in return for a commitment to subsequent service in the Selected Reserve of the Ready Reserve. (b) MEDICAL AND DENTAL SCHOOL STUDENTS.— (1) Under the stipend program under this chap- ter, the Secretary of the military department concerned may enter into an agreement with a person who—