§ 16131. Educational assistance program: establishment; amount

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1977

   Pub. L. 95–79 title IV § 402(a) · 91 Stat. 323

   Enacted · 10 U.S.C. § 16131

   Added Pub. L. 95–79, title IV, § 402(a), July 30, 1977, 91 Stat. 328, § 2131

   Source evidence

   Code source credit
   Added Pub. L. 95–79, title IV, § 402(a), July 30, 1977, 91 Stat. 328, § 2131

   Enacted provision · exact public law section
   (a) Part III of subtitle A of title 10, United States Code, relating to training, is amended by adding after chapter 105 the following new chapter: “Chapter 106.— EDUCATIONAL ASSISTANCE FOR ENLISTED MEMBERS OF THE SELECTED RESERVE OF THE READY RESERVE “Sec. “2131. Educational assistance program: establishment; amount. “2132. Eligibility for educational assistance. “2133. Termination of assistance; refund by member. “2134. Reports to Congress. “2135. Termination of program. “§ 2131. Educational assistance program: establishment; amount “(a) To encourage enlistments 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 Transportation, under regulations prescribed by him with respect to the Coast Guard when it is not operating as a service in the Navy, may establish and maintain a program to provide educational assistance to enlisted members of the Selected Reserve of the Ready Reserve of the armed force under his jurisdiction. “(b) (1) An educational assistance program established under subsection (a) shall provide for payment by the Secretary concerned of 50 percent of the educational expenses incurred by a member for instruction at an accredited institution. Expenses for which payment may be made under this section include tuition, fees, books, laboratory fees, and shop fees for consumable materials used as part of classroom or shop instruction. Payments under this section shall be limited to those educational expenses normally incurred by students at the institution involved. “(2) To receive assistance under this section, a member must be eligible for such assistance under section 2132 and must submit an application for such assistance in such form and manner as the Secretary concerned shall prescribe and be approved for such assistance by the Secretary concerned. “(c) Educational assistance may be provided to a member under this section until the member completes a course of instruction required for the award of a baccalaureate degree, or the equivalent evidence of completion of study, by an accredited institution, but the amount of educational assistance provided a member under this section may not exceed $500 in any twelvemonth period, nor a total of $2,000. “(d) For purposes of this section, the term ‘accredited institution’ means a civilian college, university, or trade, technical, or vocational school in the United States (including the District of Columbia, Puerto Rico, Guam, and the Virgin Islands) that provides education at the postsecondary level and that is accredited by a nationally recognized accrediting agency or association or by an accrediting agency or association recognized by the Commissioner of Education, Department of Health, Education, and Welfare. “§ 2132. Eligibility for educational assistance “(a) To be eligible for educational assistance under section 2131, a member must not be serving on active duty for more than thirty days and must— “(1) be an enlisted member of the Selected Reserve of the Ready Reserve of an armed force; “(2) have initially enlisted as a Reserve for service in a unit of the Selected Reserve of a reserve component after September 30, 1977; “(3) never have served in an armed force before such enlistment; “(4) at the time of such enlistment have executed an agreement Agreement. as prescribed by subsection (b); “(5) be a graduate from secondary school; “(6) have completed the initial period of active duty for training required of such member; “(7) if the member is assigned to a unit, be participating satisfactorily in t raining with such unit; and “(8) have served less than eight years as a Reserve. “(b) (1) An agreement referred to in subsection (a)(4) shall be in writing and shall provide that if the member accepts educational assistance under section 2131, the period of enlistment of such member shall be automatically extended by two years and if the member is discharged for the purpose of accepting an appointment as an officer, the member shall remain a member of the Ready Reserve until the eighth anniversary of such enlistment. “(2) A member who enlists after September 30, 1977, but before regulations to carry out this chapter are promulgated shall be eligible for educational assistance under section 2131 if he is otherwise eligible for such assistance under subsection (a) and if he executes an agreement as described in paragraph (1) not later than one year after the date on which regulations to carry out this chapter are first promulgated. “(c) Educational assistance being provided a member under section 2131 may be continued to a member who otherwise continues to qualify for such assistance if such member— “(1) is discharged in order to accept an immediate appointment as an officer in the Ready Reserve; or “(2) is no longer a member of the Selected Reserve, if such member is a member of the Ready Reserve and has served at least six years in the Selected Reserve of the Ready Reserve. “§ 2133. Termination of assistance; refund by member “(a) Educational assistance being provided a member under section 2131 shall be terminated if— “(1) the member fails to participate satisfactorily in training with his unit, if he is a member of a unit; “(2) the member is separated from his armed force, unless he is separated in order to accept an immediate appointment as an officer in the Ready Reserve; “(3) the member completes eight years of service; or “(4) the member receives financial assistance under section 2107 as a member of the Senior Reserve Officers’ Training Corps. “(b) A member who fails to participate satisfactorily in training with his unit, if he is a member of a unit, shall refund the amount of all educational assistance received by such member under section 2131 unless the failure to participate in training was due to reasons beyond the control of the member. Any refund made by a member under this subsection shall not affect the period of obligation of such member to serve as a Reserve. “§ 2134. Reports to Congress “The Secretary of Defense shall submit a report to the Congress every three months stating the number of members of the Selected Reserve of the Ready Reserve receiving educational assistance under this chapter at the time of such report and listing each unit of the Selected Reserve of the Ready Reserve to which any such member is assigned at the time of such report. The first such report shall be submitted not later than December 31, 1977. “§ 2135. Termination of program “No educational assistance may be provided under this chapter to any person enlisting as a Reserve after September 30, 1978.”.

2. 1979

   Department of Defense Authorization Act, 1980

   Pub. L. 96–107 title IV § 402(a) · 93 Stat. 803

   Substituted · 10 U.S.C. § 16131(b)(1)

   Pub. L. 96–107 substituted “100 percent” for “50 percent”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 96–107 substituted “100 percent” for “50 percent”.

   Enacted provision · exact public law section
   (a) Section 2131(b)(1) of title 10, United States Code is amended by striking out “50 percent” and inserting in lieu thereof “100 percent”.

3. 1980

   Department of Defense Authorization Act, 1981

   Pub. L. 96–342 title IX § 906(a)(1) · 94 Stat. 1077

   1. Substituted · 10 U.S.C. § 16131(c)

      Pub. L. 96–342 substituted “$1,000” for “$500”

   2. Substituted · 10 U.S.C. § 16131(c)

      Pub. L. 96–342 substituted “$4,000” for “$2,000”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 96–342 substituted “$1,000” for “$500” and “$4,000” for “$2,000”.

   Enacted provision · exact public law section
   (1) Section 2131(c) of title 10, United States Code, relating to educational assistance for enlisted members of the Selected Reserve of the Ready Reserve, is amended by striking out “$500” and “$2,000” and inserting in lieu thereof “$1,000” and “$4,000”, respectively.

4. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 § 511(68)(A) · 94 Stat. 2835

   Substituted · 10 U.S.C. § 16131(a)

   Pub. L. 96–513, § 511(68)(A), substituted “armed forces” for “armed force”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 96–513, § 511(68)(A), substituted “armed forces” for “armed force”.

   Enacted provision · exact public law section
   (A) by striking out “armed force” in subsection (a) and inserting in lieu thereof “armed forces”;

5. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 § 511(68)(B) · 94 Stat. 2835

   Inserted · 10 U.S.C. § 16131(b)(2)

   Pub. L. 96–513, § 511(68)(B), inserted “of this title” after “2132”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 96–513, § 511(68)(B), inserted “of this title” after “2132”.

   Enacted provision · exact public law section
   (B) by inserting “of this title” in subsection (b)(2) after “section 2132”; and

6. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 § 511(68)(C) · 94 Stat. 2835

   Substituted · 10 U.S.C. § 16131(d)

   Pub. L. 96–513, § 511(68)(C), substituted “Secretary of Education” for “Commissioner of Education, Department of Health, Education, and Welfare”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 96–513, § 511(68)(C), substituted “Secretary of Education” for “Commissioner of Education, Department of Health, Education, and Welfare”.

   Enacted provision · exact public law section
   (C) by striking out “Commissioner of Education, Department of Health, Education, and Welfare” in subsection (d) and inserting in lieu thereof “Secretary of Education”.

7. 1984

   Veterans’ Educational Assistance Act of 1984

   Pub. L. 98–525 title VII § 705(a)(1) · 98 Stat. 2492

   1. Amended · 10 U.S.C. § 16131

      Pub. L. 98–525 amended section generally

   2. Substituted · 10 U.S.C. § 16131

      Pub. L. 98–525 substituting a schedule of payments at stated monthly rates for full-time, three-quarter-time, and half-time pursuit of an education program for former provisions which had set a maximum for any one member of $1,000 for any twelve-month period and $4,000 for the total assistance to any one member

   Source evidence

   Code amendment note
   Pub. L. 98–525 amended section generally, substituting a schedule of payments at stated monthly rates for full-time, three-quarter-time, and half-time pursuit of an education program for former provisions which had set a maximum for any one member of $1,000 for any twelve-month period and $4,000 for the total assistance to any one member.

   Enacted provision · exact public law section
   (1) Chapter 106 of title 10, United States Code, is amended to read as follows: “CHAPTER 106— EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE “Sec. “2131. Educational assistance program: establishment; amount. “2132. Eligibility for educational assistance. “2133. Time limitation for use of entitlement. “2134. Termination of assistance. “2135. Failure to participate satisfactorily; penalties. “2136. Administration of program. “2137. Reports to Congress. “2138. Savings provision. “§2131. 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 Transportation, 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) Each educational assistance program established under subsection (a) shall provide for payment by the Secretary concerned to each person entitled to educational assistance under this chapter who is pursuing a program of education and educational assistance allowance at the following rates: “(1) $140 per month for each month of full-time pursuit of a program of education; “(2) $105 per month for each month of three-quarter-time pursuit of a program of education; and “(3) $70 per month for each month of half-time pursuit of a program of education. “(c) (1) Educational assistance may only be provided under this chapter for pursuit of a program of education at an institution of higher learning and may not be provided to a person after the person has completed a course of instruction required for the award of a baccalaureate degree or the equivalent evidence of completion of study. “(2) Subject to section 1795 of title 38, the maximum number of 38 USC 1795. months of educational assistance that may be provided to any person under this chapter is 36. “§ 2132. Eligibility for educational assistance “(a) A person who— “(1) during the period beginning on July 1, 1985, and ending on June 30, 1988— “(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 completing initial active duty for training has received a secondary school diploma (or an equivalency certificate); is entitled to educational assistance under section 2131 of this title. Supra. “(b) Educational assistance may not be provided to a member under this chapter until the member— “(1) has completed the initial period of active duty for training required of the member; and “(2) has completed 180 days of service in the Selected Reserve. “(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 Infra. 2134 and 2135 of this title as such sections may apply to the person. “(d) A person who is entitled to educational assistance under Ante, pp. 2553, 2555. chapter 30 of title 38 based on section 1412 of that title may not also be provided educational assistance under this chapter. “§ 2133. Time limitation for use of entitlement “(a) Except as provided in subsection (b), the period during which a person entitled to educational assistance under this section may use such person’s entitlement expires (1) at the end of the 10-year period beginning on the date on which such person becomes entitled to such assistance, or (2) on the date the person is separated from the Selected Reserve, whichever occurs first. “(b) (1) The provisions of section 1431(e) of title 38 shall apply to the period of entitlement prescribed by subsection (a). “(2) The provisions of section 1431(d) of title 38 shall apply to the period of entitlement prescribed by subsection (a) in the case of a disability incurred in or aggravated by service in the Selected Reserve. “§ 2134. Termination of assistance “Educational assistance may not be provided under this chapter— “(1) to a member receiving financial assistance under section 10 USC 2107. 2107 of this title as a member of the Senior Reserve Officers’ Training Corps program; or “(2) to a member who fails to participate satisfactorily in required training as a member of the Selected Reserve. “§ 2135. Failure to participate satisfactorily; penalties “(a) (1) A member of the Selected Reserve of the Ready Reserve of an armed force who fails to 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 shall, at the option of the Secretary concerned— “(A) be ordered to active duty for a period of two years or the period of obligated service the person has remaining under section 2132 of this title, whichever is less; or “(B) be required to refund to the United States an amount determined under subsection (b). “(2) The Secretary concerned may waive the requirements of paragraph (1), or may reduce the amount of any refund under clause (B) of such paragraph, in the case of any individual member when the Secretary determines that the failure to participate satisfactorily was due to reasons beyond the control of the member. “(3) Any refund by a member under this section shall not affect the period of obligation of such member to serve as a Reserve in the Selected Reserve. “(b) (1) The amount of a refund under subsection (a) shall be the amount equal to the product of— “(A) the number of months of obligated service remaining under the agreement entered into under section 2132(a)(3) divided by the original number of months of such obligation; and “(B) the total amount of educational assistance provided to the member under this chapter, as increased by interest determined under paragraph (2). “(2) The amount computed under paragraph (1) shall bear interest at the rate equal to the highest rate being paid by the United States on the day on which the refund is determined to be due for securities having maturities of 90 days or less and shall accrue from the day on which the member is first notified of the amount due to the United States as a refund under this section. “§ 2136. Administration of program “(a) Educational assistance under this chapter shall be provided through the Veterans’ Administration, under agreements to be entered into by the Secretary of Defense, and by the Secretary of Transportation, with the Administrator of Veterans’ Affairs. Such agreements shall include administrative procedures to ensure the prompt and timely transfer of funds from the Secretary concerned to the Veterans’ Administration for the making of payments under this chapter. “(b) Except as otherwise provided in this chapter, the provisions of sections 1663, 1670, 1671, 1673, 1674, 1676, 1682(g), and 1683 of chapter 34 of title 38 and the provisions of subchapters I and II of chapter 36 of such title (with the exception of sections 1780(a)(5), 38 USC 1770, 1780. 1780(b), 1786, 1787(b)(1), and 1792) shall be applicable to the provision of educational assistance under this chapter. The term ‘eligible veteran’, 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 educational assistance under this chapter. “§ 2137. Reports to Congress “The Secretary of Defense shall submit to the Congress a report not later than December 15 of each year concerning the operation of the educational assistance program established by this chapter during the preceding fiscal year. Each such report shall include the number of members of the Selected Reserve of the Ready Reserve of each armed force receiving, and the number entitled to receive, educational assistance under this chapter during the preceding fiscal year. “§ 2138. Savings provision “A member who entered into an agreement under this chapter before July 1, 1985, shall continue to be eligible for educational assistance in accordance with the terms of such agreement and of this chapter as in effect before such date.”.

8. 1988

   Veterans’ Benefits and Programs Improvement Act of 1988

   Pub. L. 100–689 § 110(a) · 102 Stat. 4161

   Added · 10 U.S.C. § 16131(b)(4)

   Pub. L. 100–689, § 110(a), added par. (4)

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 100–689, § 110(a), added par. (4).

   Enacted provision · exact public law section
   (a) Payment for Less Than Half-Time Pursuit of a Program of Education.— Section 2131(b) of title 10, United States Code, is amended— (1) by striking out “and” at the end of clause (2); (2) by striking out the period at the end of clause (3) and inserting in lieu thereof “; and”; and (3) by inserting at the end the following new clause: “(4) an appropriately reduced rate, as determined under regulations which the Administrator 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 available to the person for such pursuit from the military department concerned.”.

9. 1988

   Veterans’ Benefits and Programs Improvement Act of 1988

   Pub. L. 100–689 § 111(b)(1) · 102 Stat. 4161

   Inserted · 10 U.S.C. § 16131(c)(2)

   Pub. L. 100–689, § 111(b)(1), inserted “(or the equivalent thereof in part-time educational assistance)” before period at end

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 100–689, § 111(b)(1), inserted “(or the equivalent thereof in part-time educational assistance)” before period at end.

   Enacted provision · exact public law section
   (1) Section 2131(c)(2) is amended by inserting before the period at the end the following: “(or the equivalent thereof in part-time educational assistance)”.

10. 1989

    National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 § 645(b)(1) · 103 Stat. 1352

    Substituted · 10 U.S.C. § 16131(b)

    Pub. L. 101–189, § 645(b)(1), in introductory provisions, substituted “of an educational assistance allowance” for “and educational assistance allowance”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–189, § 645(b)(1), in introductory provisions, substituted “of an educational assistance allowance” for “and educational assistance allowance”.

    Enacted provision · exact public law section
    (1) Section 2131(b) of such title is amended by striking out “and educational” in the matter preceding paragraph (1) and inserting in lieu thereof “of an educational”.

11. 1989

    National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 § 642(b)(1) · 103 Stat. 1352

    1. Substituted · 10 U.S.C. § 16131(b)

       Pub. L. 101–189, § 642(b)(1), in introductory provisions, substituted “Except as provided in subsections (d) through (f), each” for “Each”

    2. Inserted · 10 U.S.C. § 16131(b)

       Pub. L. 101–189, § 642(b)(1), in introductory provisions, inserted “, through the Secretary of Veterans Affairs,” after “Secretary concerned”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–189, § 642(b)(1), in introductory provisions, substituted “Except as provided in subsections (d) through (f), each” for “Each” and inserted “, through the Secretary of Veterans Affairs,” after “Secretary concerned”.

    Enacted provision · exact public law section
    (1) in subsection (b)— (A) by striking out “Each” and inserting in lieu thereof “Except as provided in subsections (d) through (f), each”; and (B) by inserting “, through the Secretary of Veterans Affairs,” after “Secretary concerned”; and

12. 1989

    National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 § 645(a)(1) · 103 Stat. 1352

    Substituted · 10 U.S.C. § 16131(b)(4)

    Pub. L. 101–189, § 645(a)(1), substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 101–189, § 645(a)(1), substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”.

    Enacted provision · exact public law section
    (1) by striking out “Administrator of Veterans’ Affairs” in sections 2131(b)(4), 2132(c), 2132(d), and 2136(a) and inserting in lieu thereof “Secretary of Veterans Affairs”; and

13. 1989

    National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 § 642(a) · 103 Stat. 1352

    Amended · 10 U.S.C. § 16131(c)(1)

    Pub. L. 101–189, § 642(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Educational assistance may only be provided under this chapter for pursuit of a program of education at an institution of higher learning and may not be provided to a person after the person has completed a course of instruction required for the award of a baccalaureate degree or the equivalent evidence of completion of study.”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 101–189, § 642(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Educational assistance may only be provided under this chapter for pursuit of a program of education at an institution of higher learning and may not be provided to a person after the person has completed a course of instruction required for the award of a baccalaureate degree or the equivalent evidence of completion of study.”

    Enacted provision · exact public law section
    (a) In General.— Section 2131(c)(1) of title 10, United States Code, is amended to read as follows: “(c) (1) Educational assistance may be provided under this chapter for pursuit of any program of education that is an approved program of education for purposes of chapter 30 of title 38 other than a program of education in a course of instruction beyond the baccalaureate degree level.”.

14. 1989

    National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 § 642(b)(2) · 103 Stat. 1352

    Added · 10 U.S.C. § 16131(d)(f)

    Pub. L. 101–189, § 642(b)(2), added subsecs. (d) to (f)

    Source evidence

    Code amendment note
    Subsecs. (d) to (f). Pub. L. 101–189, § 642(b)(2), added subsecs. (d) to (f).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(d) (1) Except as provided in paragraph (2), the amount of the monthly educational assistance allowance payable to a person pursuing a full-time program of apprenticeship or other on-the-job training under this chapter is— “(A) for each of the first six months of the person’s pursuit of such program, 75 percent of the monthly educational assistance allowance otherwise payable to such person under this chapter; “(B) for each of the second six months of the person’s pursuit of such program, 55 percent of such monthly educational assistance allowance; and “(C) for each of the months following the first 12 months of the person’s pursuit of such program, 35 percent of such monthly educational assistance allowance. “(2) In any month in which any person pursuing a program of education consisting of a program of apprenticeship or other on-the-job training fails to complete 120 hours of training, the amount of the monthly educational assistance allowance payable under this chapter to the person shall be limited to the same proportion of the applicable full-time rate as the number of hours worked during such month, rounded to the nearest 8 hours, bears to 120 hours. “(3) (A) Except as provided in subparagraph (B), for each month that such person is paid a monthly educational assistance allowance under this chapter, the person’s entitlement under this chapter shall be charged at the rate of— “(i) 75 percent of a month in the case of payments made in accordance with paragraph (1)(A); “(ii) 55 percent of a month in the case of payments made in accordance with paragraph (1)(B); and “(iii) 35 percent of a month in the case of payments made in accordance with paragraph (1)(C). “(B) Any such charge to the entitlement shall be reduced proportionately in accordance with the reduction in payment under paragraph (2). “(e) (1) The amount of the monthly educational assistance allowance payable to a person pursuing a cooperative program under this chapter shall be 80 percent of the monthly allowance otherwise payable to such person under this chapter. “(2) For each month that a person is paid a monthly educational assistance allowance for pursuit of a cooperative program under this chapter, the person’s entitlement under this chapter shall be charged at the rate of 80 percent of a month. “(f) (1) (A) The amount of the educational assistance allowance payable under this chapter to a person who enters into an agreement to pursue, and is pursuing, a program of education exclusively by correspondence is an amount equal to 55 percent of the established charge which the institution requires nonveterans to pay for the course or courses pursued by such person. “(B) For purposes of subparagraph (A), the term ‘established charge’ means the lesser of— “(C) the charge for the course or courses determined on the basis of the lowest extended time payment plan offered by the institution and approved by the appropriate State approving agency; or “(ii) the actual charge to the person for such course or courses. “(C) Such allowance shall be paid quarterly on a pro rata basis for the lessons completed by the person and serviced by the institution. “(2) In each case in which the amount of educational assistance is determined under paragraph (1), the period of entitlement of the person concerned shall be charged with one month for each $140 which is paid to the individual as an educational assistance allowance.”.

15. 1989

    Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 § 422(b)(2)(A) · 103 Stat. 2062

    Substituted · 10 U.S.C. § 16131(b)

    Pub. L. 101–237, § 422(b)(2)(A), in introductory provisions, substituted “subsections (d) through (g)” for “subsections (d) through (f)”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 101–237, § 422(b)(2)(A), in introductory provisions, substituted “subsections (d) through (g)” for “subsections (d) through (f)”.

    Enacted provision · exact public law section
    (A) in subsection (b), by striking out “(f)” and inserting in lieu thereof “(g)”; and

16. 1989

    Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 § 422(b)(2)(B) · 103 Stat. 2062

    Added · 10 U.S.C. § 16131(g)

    Pub. L. 101–237, § 422(b)(2)(B), added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 101–237, § 422(b)(2)(B), added subsec. (g).

    Enacted provision · exact public law section
    (B) by adding at the end the following new subsection: “(g) (1) Each individual who is pursuing a program of education consisting exclusively of flight training approved as meeting the requirements of section 2136(c) of this title shall be paid an edu-cational assistance allowance under this chapter in the amount equal to 60 percent of the established charges for tuition and fees (other than tuition and fees charged for or attributable to solo flying hours) which similarly circumstanced non veterans enrolled in the same flight course are required to pay. “(2) No educational assistance allowance may be paid under this chapter to an individual for any month during which such individual is pursuing a program of education consisting exclusively of flight training until the Secretary has received from that individual and the institution providing such training a certification of the flight training received by the individual during that month and the tuition and other fees charged for that training. “(3) The period of entitlement of an individual pursuing a program of education described in paragraph (1) shall be charged with one month for each $140 which is paid to that individual as an educational assistance allowance for such program.”.

17. 1991

    Persian Gulf War Veterans’ Benefits Act of 1991

    Pub. L. 102–25 § 337(b)(1) · 105 Stat. 75

    1. Amended · 10 U.S.C. § 16131(b)

       Pub. L. 102–25, § 337(b)(1), designated existing provisions as par. (1)

    2. Substituted · 10 U.S.C. § 16131(b)

       Pub. L. 102–25, § 337(b)(1), substituted “Except as provided in paragraph (2) and” for “Except as provided in”

    3. Redesignated · 10 U.S.C. § 16131(b)

       Pub. L. 102–25, § 337(b)(1), redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively

    4. Added · 10 U.S.C. § 16131(b)

       Pub. L. 102–25, § 337(b)(1), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–25, § 337(b)(1), designated existing provisions as par. (1) and substituted “Except as provided in paragraph (2) and” for “Except as provided in”, redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively, and added par. (2).

    Enacted provision · exact public law section
    (1) Section 2131(b) of title 10, United States Code, is amended— (A) by striking out “(b) Except as provided in” and inserting in lieu thereof “(b)(1) Except as provided in paragraph (2) and”; (B) by redesignating paragraphs (1), (2), (3), and (4), as subparagraphs (A), (B), (C), and (D), respectively; and (C) and by adding at the end the following new paragraph: “(2) (A) During the period beginning on October 1, 1991, and ending on September 30, 1993, the monthly rates payable under subparagraphs (A), (B), and (C) of paragraph (1) shall be $170, $128, and $85, respectively. “(B) With respect to the fiscal year beginning on October 1, 1993, the Secretary may continue to pay, in lieu of the rates payable under subparagraphs (A), (B), and (C) of paragraph (1), the monthly rates payable under subparagraph (A) of this paragraph and may provide a percentage increase in such rates equal to the percentage by which the Consumer Price Index (all items, United States city average, published by the Bureau of Labor Statistics) for the 12-month period ending June 30, 1993, exceeds such Consumer Price Index for the 12-month period ending June 30, 1992. “(C) With respect to any fiscal year beginning on or after October 1, 1994, the Secretary may continue to pay, in lieu of the rates payable under subparagraphs (A), (B), and (C) of paragraph (1), the monthly rates payable under this paragraph for the previous fiscal year and may provide, for any such fiscal year, a percentage increase in such rates equal to the percentage by which— “(i) the Consumer Price Index (all items, United States city average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase is made, exceeds “(ii) such Consumer Price Index for the 12-month period preceding the 12-month period described in clause (i).”.

18. 1991

    Persian Gulf War Veterans’ Benefits Act of 1991

    Pub. L. 102–25 § 337(b)(2) · 105 Stat. 75

    Substituted · 10 U.S.C. § 16131(f)(2); 10 U.S.C. § 16131(g)(3)

    Pub. L. 102–25, § 337(b)(2), (3), substituted “amount equal to the amount of the monthly rate payable under subsection (b)(1)(A) for the fiscal year concerned” for “$140”

    Source evidence

    Code amendment note
    Subsecs. (f)(2), (g)(3). Pub. L. 102–25, § 337(b)(2), (3), substituted “amount equal to the amount of the monthly rate payable under subsection (b)(1)(A) for the fiscal year concerned” for “$140”.

    Enacted provision · exact public law section
    (2) Section 2131(f)(2) of such title is amended by striking out “$140” and inserting in lieu thereof “amount equal to the amount of the monthly rate payable under subsection (b)(1)(A) for the fiscal year concerned”.

19. 1991

    Veterans’ Educational Assistance Amendments of 1991

    Pub. L. 102–127 § 2(d) · 105 Stat. 619

    Added · 10 U.S.C. § 16131(c)(3)

    Pub. L. 102–127 added par. (3)

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 102–127 added par. (3).

    Enacted provision · exact public law section
    (d) Selected Reserve Program.— Section 2131(c) of title 10, United States Code, is amended by adding at the end the following new paragraph: “(3) (A) Notwithstanding any other provision of this chapter or chapter 86 of title 38, any payment of an educational assistance allowance described in subparagraph (B) of this paragraph shall not— “(i) be charged against the entitlement of any individual under this chapter; or “(ii) be counted toward the aggregate period for which section 3695 of title 38 limits an individual’s receipt of assistance. “(B) The payment of the educational assistance allowance referred to in subparagraph (A) of this paragraph is the payment of such an allowance to the individual for pursuit of a course or courses under this chapter if the Secretary of Veterans Affairs finds that the individual— “(i) had to discontinue such course pursuit as a result of being ordered, in connection with the Persian Gulf War, to serve on active duty under section 672 (a), (d), or (g), 673, or 673b of this title; and “(ii) failed to receive credit or training time toward completion of the individual’s approved educational, professional, or vocational objective as a result of having to discontinue, as described in clause (i) of this subparagraph, his or her course pursuit. “(C) The period for which, by reason of this subsection, an educational assistance allowance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of title 38 shall not exceed the portion of the period of enrollment in the course or courses for which the individual failed to receive credit or with respect to which the individual lost training time, as determined under subparagraph (B)(ii) of this paragraph.”.

20. 1992

    Veterans’ Benefits Act of 1992

    Pub. L. 102–568 § 301(b) · 106 Stat. 4320

    1. Substituted · 10 U.S.C. § 16131(b)(1)

       Pub. L. 102–568, § 301(b), substituted “$190” for “$140” in subpar. (C)

    2. Substituted · 10 U.S.C. § 16131(b)(1)

       Pub. L. 102–568, § 301(b), substituted “$143” for “$105” in subpar. (C)

    3. Substituted · 10 U.S.C. § 16131(b)(1)

       Pub. L. 102–568, § 301(b), substituted “$95” for “$70” in subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 102–568, § 301(b), substituted “$190” for “$140” in subpar. (A), “$143” for “$105” in subpar. (B), and “$95” for “$70” in subpar. (C).

    Enacted provision · exact public law section
    (b) Amount of Benefit Payments Under Selected Reserve Program.— Section 2131(b)(1) of title 10, United States Code, is amended— (1) in subparagraph (A), by striking out “$140” and inserting in lieu thereof “$190”; (2) in subparagraph (B), by striking out “$105” and inserting in lieu thereof “$143”; and (3) in subparagraph (C), by striking out “$70” and inserting in lieu thereof “$95”.

21. 1992

    Veterans’ Benefits Act of 1992

    Pub. L. 102–568 § 301(d)(1) · 106 Stat. 4320

    1. Redesignated · 10 U.S.C. § 16131(b)(2)(A)

       Pub. L. 102–568, § 301(d)(1), (2), redesignated subpar. (B) as (A)

    2. Substituted · 10 U.S.C. § 16131(b)(2)(A)

       Pub. L. 102–568, § 301(d)(1), (2), substituted “shall provide a percentage increase in the monthly rates payable under subparagraphs (A), (B), and (C) of paragraph (1)” for “may continue to pay, in lieu of the rates payable under subparagraphs (A), (B), and (C) of paragraph (1), the monthly rates payable under subparagraph (A) of this paragraph and may provide a percentage increase in such rates”

    3. Struck · 10 U.S.C. § 16131(b)(2)(A)

       Pub. L. 102–568, § 301(d)(1), (2), struck out former subpar. (A) which read as follows: “During the period beginning on October 1, 1991, and ending on September 30, 1993, the monthly rates payable under subparagraphs (A), (B), and (C) of paragraph (1) shall be $170, $128, and $85, respectively.”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A). Pub. L. 102–568, § 301(d)(1), (2), redesignated subpar. (B) as (A), substituted “shall provide a percentage increase in the monthly rates payable under subparagraphs (A), (B), and (C) of paragraph (1)” for “may continue to pay, in lieu of the rates payable under subparagraphs (A), (B), and (C) of paragraph (1), the monthly rates payable under subparagraph (A) of this paragraph and may provide a percentage increase in such rates”, and struck out former subpar. (A) which read as follows: “During the period beginning on October 1, 1991, and ending on September 30, 1993, the monthly rates payable under subparagraphs (A), (B), and (C) of paragraph (1) shall be $170, $128, and $85, respectively.”

    Enacted provision · exact public law section
    (1) by striking out subparagraph (A);

22. 1992

    Veterans’ Benefits Act of 1992

    Pub. L. 102–568 § 301(d)(3) · 106 Stat. 4320

    1. Redesignated · 10 U.S.C. § 16131(b)(2)(B); 10 U.S.C. § 16131(b)(2)(C)

       Pub. L. 102–568, § 301(d)(3), redesignated subpar. (C) as (B)

    2. Redesignated · 10 U.S.C. § 16131(b)(2)(B); 10 U.S.C. § 16131(b)(2)(C)

       Pub. L. 102–568, § 301(d)(3), substituted “shall continue” for “may continue” and “shall provide” for “may provide” in introductory provisions. Former subpar. (B) redesignated (A)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B), (C). Pub. L. 102–568, § 301(d)(3), redesignated subpar. (C) as (B) and substituted “shall continue” for “may continue” and “shall provide” for “may provide” in introductory provisions. Former subpar. (B) redesignated (A).

    Enacted provision · exact public law section
    (3) by redesignating subparagraph (C) as subparagraph (B) and in that subparagraph striking out “may” both places it appears and inserting in lieu thereof “shall”.

23. 1992

    Veterans’ Benefits Act of 1992

    Pub. L. 102–568 § 320(a)(1)(A) · 106 Stat. 4320

    Substituted · 10 U.S.C. § 16131(c)(2)

    Pub. L. 102–568, § 320(a)(1)(A), substituted “section 3695 of title 38” for “section 1795 of title 38”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 102–568, § 320(a)(1)(A), substituted “section 3695 of title 38” for “section 1795 of title 38”.

    Enacted provision · exact public law section
    (A) by striking out “section 1795 of title 38” in paragraph (2) and inserting in lieu thereof “section 3695 of title 38”;

24. 1992

    Veterans’ Benefits Act of 1992

    Pub. L. 102–568 § 320(a)(1)(B) · 106 Stat. 4320

    Substituted · 10 U.S.C. § 16131(c)(3)(B)(ii)

    Pub. L. 102–568, § 320(a)(1)(B), substituted “, the individual’s” for “of this subparagraph, his or her”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(B)(ii). Pub. L. 102–568, § 320(a)(1)(B), substituted “, the individual’s” for “of this subparagraph, his or her”.

    Enacted provision · exact public law section
    (B) by striking out “of this subparagraph, his or her” in paragraph (3)(B)(ii) and inserting in lieu thereof “, the individual’s”; and

25. 1992

    Veterans’ Benefits Act of 1992

    Pub. L. 102–568 § 320(a)(1)(C) · 106 Stat. 4320

    Struck · 10 U.S.C. § 16131(c)(3)(C)

    Pub. L. 102–568, § 320(a)(1)(C), struck out “of this paragraph” after “subparagraph (B)(ii)”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(C). Pub. L. 102–568, § 320(a)(1)(C), struck out “of this paragraph” after “subparagraph (B)(ii)”.

    Enacted provision · exact public law section
    (C) by striking out “of this paragraph.” in paragraph (3)(C) and inserting in lieu thereof a period;

26. 1992

    Veterans’ Benefits Act of 1992

    Pub. L. 102–568 § 310(b)(1) · 106 Stat. 4320

    Struck · 10 U.S.C. § 16131(g)(1)

    Pub. L. 102–568, § 310(b)(1), struck out “(other than tuition and fees charged for or attributable to solo flying hours)” after “tuition and fees”

    Source evidence

    Code amendment note
    Subsec. (g)(1). Pub. L. 102–568, § 310(b)(1), struck out “(other than tuition and fees charged for or attributable to solo flying hours)” after “tuition and fees”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking out “(other than tuition and fees charged for or attributable to solo flying hours)”; and

27. 1992

    Veterans’ Benefits Act of 1992

    Pub. L. 102–568 § 310(b)(2) · 106 Stat. 4320

    Added · 10 U.S.C. § 16131(g)(4)

    Pub. L. 102–568, § 310(b)(2), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (g)(4). Pub. L. 102–568, § 310(b)(2), added par. (4).

    Enacted provision · exact public law section
    (2) by adding at the end the following new paragraph (4): “(4) The number of solo flying hours for which an individual may be paid an educational assistance allowance under this subsection may not exceed the minimum number of solo flying hours required by the Federal Aviation Administration for the flight rating or certification which is the goal of the individual’s flight training.”.

28. 1992

    Veterans’ Benefits Act of 1992

    Pub. L. 102–568 § 318 · 106 Stat. 4320

    Added · 10 U.S.C. § 16131(h)

    Pub. L. 102–568, § 318, added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 102–568, § 318, added subsec. (h).

    Enacted provision · exact public law section
    SEC. 318. AUTHORITY OF MEMBERS OF SELECTED RESERVE TO RECEIVE TUTORIAL ASSISTANCE. Section 2131 of title 10, United States Code, is amended by adding at the end the following new subsection: “(h) (1) (A) Subject to subparagraph (B), the Secretary of Veterans Affairs shall approve individualized tutorial assistance for any person entitled to educational assistance under this chapter who— “(i) is enrolled in and pursuing a postsecondary course of education on a half-time or more basis at an educational institution; and “(ii) has a deficiency in a subject required as a part of, or which is prerequisite to, or which is indispensable to the satisfactory pursuit of, the program of education. “(B) The Secretary of Veterans Affairs shall not approve individualized tutorial assistance for a person pursuing a program of education under this paragraph unless such assistance is necessary for the person to successfully complete the program of education. “(2) (A) Subject to subparagraph (B), the Secretary concerned, through the Secretary of Veterans Affairs, shall pay to a person receiving individualized tutorial assistance pursuant to paragraph (1) a tutorial assistance allowance. The amount of the allowance payable under this paragraph may not exceed $100 for any month, nor aggregate more than $1,200. The amount of the allowance paid under this paragraph shall be in addition to the amount of educational assistance allowance payable to a person under this chapter. “(B) A tutorial assistance allowance may not be paid to a person under this paragraph until the educational institution at which the person is enrolled certifies that— “(i) the individualized tutorial assistance is essential to correct a deficiency of the person in a subject required as a part of, or which is prerequisite to, or which is indispensable to the satisfactory pursuit of, an approved program of education; “(ii) the tutor chosen to perform such assistance is qualified to provide such assistance and is not the person’s parent, spouse, child (whether or not married or over eighteen years of age), brother, or sister; and “(iii) the charges for such assistance do not exceed the customary charges for such tutorial assistance. “(3) (A) A person’s period of entitlement to educational assistance under this chapter shall be charged only with respect to the amount of tutorial assistance paid to the person under this subsection in excess of $600. “(B) A person’s period of entitlement to educational assistance under this chapter shall be charged at the rate of one month for each amount of assistance paid to the individual under this section in excess of $600 that is equal to the amount of the monthly educational assistance allowance which the person is otherwise eligible to receive for full-time pursuit of an institutional course under this chapter.”.

29. 1993

    Veterans Reconciliation Act of 1993

    Pub. L. 103–66 title XII § 12009(b) · 107 Stat. 312

    1. Struck · 10 U.S.C. § 16131(b)(2)

       Pub. L. 103–66 struck out subpar. (A)

    2. Struck · 10 U.S.C. § 16131(b)(2)

       Pub. L. 103–66 struck out subpar. (B) designation before “With respect to”

    3. Redesignated · 10 U.S.C. § 16131(b)(2)

       Pub. L. 103–66 redesignated former cls. (i) and (ii) as subpars. (A) and (B), respectively, and in subpar. (B) substituted “subparagraph (A)” for “clause (i)”. Prior to amendment, subpar. (A) read as follows: “With respect to the fiscal year beginning on October 1, 1993, the Secretary shall provide a percentage increase in the monthly rates payable under subparagraphs (A), (B), and (C) of paragraph (1) equal to the percentage by which the Consumer Price Index (all items, United States city average, published by the Bureau of Labor Statistics) for the 12-month period ending June 30, 1993, exceeds such Consumer Price Index for the 12-month period ending June 30, 1992.”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 103–66 struck out subpar. (A), struck out subpar. (B) designation before “With respect to”, redesignated former cls. (i) and (ii) as subpars. (A) and (B), respectively, and in subpar. (B) substituted “subparagraph (A)” for “clause (i)”. Prior to amendment, subpar. (A) read as follows: “With respect to the fiscal year beginning on October 1, 1993, the Secretary shall provide a percentage increase in the monthly rates payable under subparagraphs (A), (B), and (C) of paragraph (1) equal to the percentage by which the Consumer Price Index (all items, United States city average, published by the Bureau of Labor Statistics) for the 12-month period ending June 30, 1993, exceeds such Consumer Price Index for the 12-month period ending June 30, 1992.”

    Enacted provision · exact public law section
    (b) Benefits Payable Under Selected Reserve Program.— Section 2131(b)(2) of title 10, United States Code, is amended— (1) by striking out “(A)” the first place it appears and all that follows through “(B) With respect to” and inserting in lieu thereof “With respect to”; (2) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and (3) in subparagraph (B), as redesignated by paragraph (2) of this subsection, by striking out “clause (i)” and inserting in lieu thereof “subparagraph (A)”.

30. 1993

    Pub. L. 103–160 § 518(1) · 107 Stat. 1547

    Struck · 10 U.S.C. § 16131(c)(1)

    Pub. L. 103–160, § 518(1), struck out “other than a program of education in a course of instruction beyond the baccalaureate degree level” after “title 38”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 103–160, § 518(1), struck out “other than a program of education in a course of instruction beyond the baccalaureate degree level” after “title 38”.

    Enacted provision · exact public law section
    (1) in subsection (c)(1), by striking out “other than” and all that follows through “level.” and inserting in lieu thereof a period; and

31. 1993

    Pub. L. 103–160 § 518(2) · 107 Stat. 1547

    Added · 10 U.S.C. § 16131(i)

    Pub. L. 103–160, § 518(2), added subsec. (i)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 103–160, § 518(2), added subsec. (i).

    Enacted provision · exact public law section
    (2) by adding at the end the following new subsection: “(i) A program of education in a course of instruction beyond the baccalaureate degree level shall be provided under this chapter, subject to the availability of appropriations.”.

32. 1994

    Reserve Officer Personnel Management Act

    Pub. L. 103–337 § 1663(b)(2) · 108 Stat. 2663

    Changed · 10 U.S.C. § 16131

    Pub. L. 103–337, § 1663(b)(2), renumbered section 2131 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 103–337, § 1663(b)(2), renumbered section 2131 of this title as this section.

    Enacted provision · exact public law section
    (2) Sections 2131 through 2137 are transferred to chapter 1606, as added by paragraph (1), inserted after the table of sections, and redesignated as follows: Section Redesignated section  2131 16131  2132 16132  2133 16133  2134 16134 Section Redesignated section  2135 16135  2136 16136  2137 16137

33. 1994

    Reserve Officer Personnel Management Act

    Pub. L. 103–337 § 1663(b)(3)(A) · 108 Stat. 2663

    Substituted · 10 U.S.C. § 16131(c)(3)(B)(i)

    Pub. L. 103–337, § 1663(b)(3)(A), substituted “12301(a), 12301(d), 12301(g), 12302, or 12304” for “672(a), (d), or (g), 673, or 673b”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(B)(i). Pub. L. 103–337, § 1663(b)(3)(A), substituted “12301(a), 12301(d), 12301(g), 12302, or 12304” for “672(a), (d), or (g), 673, or 673b”.

    Enacted provision · exact public law section
    (A) in subsection (c)(3)(B)(i), by striking out “section 672 (a), (d), or (g), 673, or 673b” and inserting in lieu thereof “section 12301(a), 12301(d), 12301(g), 12302, or 12304”; and

34. 1994

    Reserve Officer Personnel Management Act

    Pub. L. 103–337 § 1663(b)(3)(B) · 108 Stat. 2663

    Substituted · 10 U.S.C. § 16131(g)(1)

    Pub. L. 103–337, § 1663(b)(3)(B), substituted “16136(c)” for “2136(c)”

    Source evidence

    Code amendment note
    Subsec. (g)(1). Pub. L. 103–337, § 1663(b)(3)(B), substituted “16136(c)” for “2136(c)”.

    Enacted provision · exact public law section
    (B) in subsection (g)(1), by striking out “section 2136(c)” and inserting in lieu thereof “section 16136(c)”.

35. 1996

    National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 div. A title X § 1076 · 110 Stat. 186

    Added · 10 U.S.C. § 16131(j)

    Pub. L. 104–106 added subsec. (j)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–106 added subsec. (j).

    Enacted provision · exact public law section
    SEC. 1076. INCREASE IN RESERVE COMPONENT MONTGOMERY GI BILL EDUCATIONAL ASSISTANCE ALLOWANCE WITH RESPECT TO SKILLS OR SPECIALTIES FOR WHICH THERE IS A CRITICAL SHORTAGE OF PERSONNEL. Section 16131 of title 10, United States Code, is amended by adding at the end the following new subsection: “(j) (1) In the case of a person who has a skill or specialty designated by the Secretary concerned as a skill or specialty in which there is a critical shortage of personnel or for which it is difficult to recruit or, in the case of critical units, retain personnel, the Secretary concerned may increase the rate of the educational assistance allowance applicable to that person to such rate in excess of the rate prescribed under subparagraphs (A) through (D) of subsection (b)(1) as the Secretary of Defense considers appropriate, but the amount of any such increase may not exceed $350 per month. “(2) In the case of a person who has a skill or specialty designated by the Secretary concerned as a skill or specialty in which there is a critical shortage of personnel or for which it is difficult to recruit or, in the case of critical units, retain personnel, who is eligible for educational benefits under chapter 30 (other than section 3012) of title 38 and who meets the eligibility criteria specified in subparagraphs (A) and (B) of section 16132(a)(1) of this title, the Secretary concerned may increase the rate of the educational assistance allowance applicable to that person to such rate in excess of the rate prescribed under section 3015 of title 38 as the Secretary of Defense considers appropriate, but the amount of any such increase may not exceed $350 per month. “(3) The authority provided by paragraphs (1) and (2) shall Regulations. be exercised by the Secretaries concerned under regulations prescribed by the Secretary of Defense.”.

36. 1996

    Veterans’ Insurance Reform Act of 1996

    Pub. L. 104–275 § 105(d)(2) · 110 Stat. 3322

    Substituted · 10 U.S.C. § 16131(b)(1)

    Pub. L. 104–275, § 105(d)(2), substituted “(f)” for “(g)”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 104–275, § 105(d)(2), substituted “(f)” for “(g)”.

    Enacted provision · exact public law section
    (2) in subsection (b)(1), by striking out “(g)” and inserting in lieu thereof “(f)

37. 1996

    Veterans’ Insurance Reform Act of 1996

    Pub. L. 104–275 § 105(d)(1) · 110 Stat. 3322

    1. Redesignated · 10 U.S.C. § 16131(e)(i)

       Pub. L. 104–275, § 105(d)(1), redesignated subsecs. (f) to (j) as (e) to (i), respectively

    2. Struck · 10 U.S.C. § 16131(e)(i)

       Pub. L. 104–275, § 105(d)(1), struck out former subsec. (e) which read as follows:

    Source evidence

    Code amendment note
    Subsecs. (e) to (i). Pub. L. 104–275, § 105(d)(1), redesignated subsecs. (f) to (j) as (e) to (i), respectively, and struck out former subsec. (e) which read as follows:

    “(e)(1) The amount of the monthly educational assistance allowance payable to a person pursuing a cooperative program under this chapter shall be 80 percent of the monthly allowance otherwise payable to such person under this chapter. “(2) For each month that a person is paid a monthly educational assistance allowance for pursuit of a cooperative program under this chapter, the person’s entitlement under this chapter shall be charged at the rate of 80 percent of a month.”

    Enacted provision · exact public law section
    (1) by striking out subsection (e) and redesignating subsections (f), (g), (h), (i), and (j) as subsections (e), (f), (g), (h), and (i), respectively; and

38. 1996

    Veterans’ Insurance Reform Act of 1996

    Pub. L. 104–275 § 105(d)(1) · 110 Stat. 3322

    Redesignated · 10 U.S.C. § 16131(j)

    Pub. L. 104–275, § 105(d)(1), redesignated subsec. (j) as (i)

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 104–275, § 105(d)(1), redesignated subsec. (j) as (i).

    Enacted provision · exact public law section
    (1) by striking out subsection (e) and redesignating subsections (f), (g), (h), (i), and (j) as subsections (e), (f), (g), (h), and (i), respectively; and

39. 1997

    National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 div. A title V § 553(a) · 111 Stat. 1629

    Struck · 10 U.S.C. § 16131(c)(3)(B)(i)

    Pub. L. 105–85 struck out “, in connection with the Persian Gulf War,” after “being ordered”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(B)(i). Pub. L. 105–85 struck out “, in connection with the Persian Gulf War,” after “being ordered”.

    Enacted provision · exact public law section
    (a) Preservation of Educational Assistance.— Section 16131(c)(3)(B)(i) of title 10, United States Code, is amended by striking out “, in connection with the Persian Gulf War,”.

40. 1998

    Veterans Benefits Act of 1998

    Pub. L. 105–178 § 8203(b)(3) · 112 Stat. 107

    Struck · 10 U.S.C. § 16131(b)(1)

    Pub. L. 105–178, § 8203(b)(3), struck out “in paragraph (2) and” after “Except as provided” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 105–178, § 8203(b)(3), struck out “in paragraph (2) and” after “Except as provided” in introductory provisions.

    Enacted provision · exact public law section
    (3) Technical amendment.— Paragraph (1) of such section is further amended by striking “in paragraph (2) and”.

41. 1998

    Veterans Benefits Act of 1998

    Pub. L. 105–178 § 8203(b)(1)(A) · 112 Stat. 107

    Substituted · 10 U.S.C. § 16131(b)(1)(A)

    Pub. L. 105–178, § 8203(b)(1)(A), substituted “$251 (as increased from time to time under paragraph (2))” for “$190”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A). Pub. L. 105–178, § 8203(b)(1)(A), substituted “$251 (as increased from time to time under paragraph (2))” for “$190”.

    Enacted provision · exact public law section
    (A) in subparagraph (A), by striking “$190” and inserting “$251 (as increased from time to time under paragraph(2))”;

42. 1998

    Veterans Benefits Act of 1998

    Pub. L. 105–178 § 8203(b)(1)(B) · 112 Stat. 107

    Substituted · 10 U.S.C. § 16131(b)(1)(B)

    Pub. L. 105–178, § 8203(b)(1)(B), substituted “$188 (as increased from time to time under paragraph (2))” for “$143”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(B). Pub. L. 105–178, § 8203(b)(1)(B), substituted “$188 (as increased from time to time under paragraph (2))” for “$143”.

    Enacted provision · exact public law section
    (B) in subparagraph (B), by striking “$143” and inserting “$188 (as increased from time to time under paragraph(2))”; and

43. 1998

    Veterans Benefits Act of 1998

    Pub. L. 105–178 § 8203(b)(1)(C) · 112 Stat. 107

    Substituted · 10 U.S.C. § 16131(b)(1)(C)

    Pub. L. 105–178, § 8203(b)(1)(C), substituted “$125 (as increased from time to time under paragraph (2))” for “$95”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(C). Pub. L. 105–178, § 8203(b)(1)(C), substituted “$125 (as increased from time to time under paragraph (2))” for “$95”.

    Enacted provision · exact public law section
    (C) in subparagraph (C), by striking “$95” and inserting “$125 (as increased from time to time under paragraph(2))”.

44. 1998

    Veterans Benefits Act of 1998

    Pub. L. 105–178 § 8203(b)(2) · 112 Stat. 107

    Substituted · 10 U.S.C. § 16131(b)(2)

    Pub. L. 105–178, § 8203(b)(2), in introductory provisions, substituted “, the Secretary shall provide a percentage increase (rounded to the nearest dollar) in the rates payable under subparagraphs (A), (B), and (C) of paragraph (1)” for “beginning on or after October 1, 1994, the Secretary shall continue to pay, in lieu of the rates payable under subparagraphs (A), (B), and (C) of paragraph (1), the monthly rates payable under this paragraph for the previous fiscal year and shall provide, for any such fiscal year, a percentage increase in such rates”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 105–178, § 8203(b)(2), in introductory provisions, substituted “, the Secretary shall provide a percentage increase (rounded to the nearest dollar) in the rates payable under subparagraphs (A), (B), and (C) of paragraph (1)” for “beginning on or after October 1, 1994, the Secretary shall continue to pay, in lieu of the rates payable under subparagraphs (A), (B), and (C) of paragraph (1), the monthly rates payable under this paragraph for the previous fiscal year and shall provide, for any such fiscal year, a percentage increase in such rates”.

    Enacted provision · exact public law section
    (2) CPI adjustment.— Paragraph (2) of such section is amended by striking “beginning on or after October 1, 1994” and all that follows through “such rates” and inserting “the Secretary shall provide a percentage increase (rounded to the nearest dollar) in the rates payable under subparagraphs (A),(B), and (C) of paragraph (1)”.

45. 1999

    Pub. L. 106–65 div. A title X § 1066(a)(33) · 113 Stat. 512

    Inserted · 10 U.S.C. § 16131(b)(1)

    Pub. L. 106–65 inserted “in” after “Except as provided” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 106–65 inserted “in” after “Except as provided” in introductory provisions.

    Enacted provision · exact public law section
    (33) Section 16131(b)(1) is amended by inserting “in” after “Except as provided”.

46. 2002

    Homeland Security Act of 2002

    Pub. L. 107–296 title XVII § 1704(b)(1) · 116 Stat. 2135

    Substituted · 10 U.S.C. § 16131(a)

    Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

    Enacted provision · exact public law section
    (1) Title 10, United States Code, is amended in sections 101(9), 130b(a), 130b(c)(4), 130c(h)(1), 379, 513(d), 575(b)(2), 580(e)(6), 580a(e), 651(a), 671(c)(2), 708(a), 716(a), 717, 806(d)(2), 815(e), 888, 946(c)(1), 973(d), 978(d), 983(b)(1), 985(a), 1033(b)(1), 1033(d), 1034, 1037(c), 1044d(f), 1058(c), 1059(a), 1059(k)(1), 1073(a), 1074(c)(1), 1089(g)(2), 1090, 1091(a), 1124, 1143, 1143a(h), 1144, 1145(e), 1148, 1149, 1150(c), 1152(a), 1152(d)(1), 1153, 1175, 1212(a), 1408(h)(2), 1408(h)(8), 1463(a)(2), 1482a(b), 1510, 1552(a)(1), 1565(f), 1588(f)(4), 1589, 2002(a), 2302(1), 2306b(b), 2323(j)(2), 2376(2), 2396(b)(1), 2410a(a), 2572(a), 2575(a), 2578, 2601(b)(4), 2634(e), 2635(a), 2734(g), 2734a, 2775, 2830(b)(2), 2835, 2836, 4745(a), 5013a(a), 7361(b), 10143(b)(2), 10146(a), 10147(a), 10149(b), 10150, 10202(b), 10203(d), 10205(b), 10301(b), 12103(b), 12103(d), 12304, 12311(c), 12522(c), 12527(a)(2), 12731(b), 12731a(e), 16131(a), 16136(a), 16301(g), and 18501 by striking “of Transportation” each place it appears and inserting “of Homeland Security”.

47. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 div. A title V § 539(a) · 119 Stat. 3136

    Added · 10 U.S.C. § 16131(j)

    Pub. L. 109–163 added subsec. (j)

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 109–163 added subsec. (j).

    Enacted provision · exact public law section
    (a) Chapter 1606.— Section 16131 of title 10, United States Code, is amended by adding at the end the following new subsection: “(j) (1) Subject to paragraph (3), the amount of educational assistance payable under this chapter for a licensing or certification test described in section 3452(b) of title 38 is the lesser of $2,000 or the fee charged for the test. “(2) The number of months of entitlement charged in the case of any individual for such licensing or certification test is equal to the number (including any fraction) determined by dividing the total amount of educational assistance paid such individual for such test by the full-time monthly institutional rate of educational assistance which, but for paragraph (1), such individual would otherwise be paid under subsection (b). “(3) In no event shall payment of educational assistance under this subsection for such a test exceed the amount of the individual’s available entitlement under this chapter.” .

    Effective date note
    Pub. L. 109–163, div. A, title V, § 539(c), Jan. 6, 2006, 119 Stat. 3250, provided that: “The amendments made by this section [amending this section and section 16162 of this title] shall apply to a licensing or certification test administered on or after the date of the enactment of this Act [Jan. 6, 2006].”

48. 2016

    Jeff Miller and Richard Blumenthal Veterans Health Care and Benefits Improvement Act of 2016

    Pub. L. 114–315 title IV § 416(a) · 130 Stat. 1536

    Substituted · 10 U.S.C. § 16131(c)(3)(B)(i)

    Pub. L. 114–315 substituted “12304, 12304a, or 12304b” for “or 12304”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(B)(i). Pub. L. 114–315 substituted “12304, 12304a, or 12304b” for “or 12304”.

    Enacted provision · exact public law section
    (a) Educational Assistance Allowance.— Section 16131(c)(3)(B)(i) of title 10, United States Code, 10 USC 16131. is amended by striking “or 12304” and inserting “12304, 12304a, or 12304b”.

49. 2021

    National Defense Authorization Act for Fiscal Year 2022

    Pub. L. 117–81 div. A title V § 559(a) · 135 Stat. 1541

    Added · 10 U.S.C. § 16131(k)

    Pub. L. 117–81 added subsec. (k)

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 117–81 added subsec. (k).

    Enacted provision · exact public law section
    (a) In General.— Section 16131 of title 10, United States Code, is amended by adding at the end the following new subsection: “(k) (1) In the case of an individual entitled to educational assistance under this chapter who is pursuing education or training described in subsection (a) or (c) of section 2007 of this title on a half-time or more basis, the Secretary concerned shall, at the election of the individual, pay the individual educational assistance allowance under this chapter for pursuit of such education or training as if the individual were not also eligible to receive or in receipt of educational assistance under section 2007 for pursuit of such education or training. “(2) Concurrent receipt of educational assistance under section 2007 of this title and educational assistance under this chapter shall not be considered a duplication of benefits if the individual is enrolled in a program of education on a half-time or more basis.” .

63 of 63 references resolved to an enrolled provision