Title 10 — Armed Forces
Part IV · Chapter 1606 — Educational Assistance for Members of the Selected Reserve
§ 16132. Eligibility for educational assistance
Statutory text
A person who—
after —
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
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
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.
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.
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.
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 be credited. However, a person may not receive credit under the program established by this chapter for service (in any grade) on full-time active duty or full-time National Guard duty for the purpose of organizing, administering, recruiting, instructing, or training the reserve components in a position which is included in the end strength required to be authorized each year by section 115(a)(1)(B) of this title.
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.
Pub. L. 95–79 title IV § 402(a) · 91 Stat. 323
Enacted · 10 U.S.C. § 16132
Added Pub. L. 95–79, title IV, § 402(a), July 30, 1977, 91 Stat. 329, § 2132
Source evidence
Code source credit
Added Pub. L. 95–79, title IV, § 402(a), July 30, 1977, 91 Stat. 329, § 2132Enacted 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.”.Department of Defense Appropriation Authorization Act, 1979
Pub. L. 95–485 title IV § 402(a) · 92 Stat. 1611
Substituted · 10 U.S.C. § 16132(b)(1)
Pub. L. 95–485 substituted “not less than six years” for “automatically extended by two years”
Substituted · 10 U.S.C. § 16132(b)(1)
Pub. L. 95–485 substituted “last day of the term” for “eighth anniversary”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 95–485 substituted “not less than six years” for “automatically extended by two years” and “last day of the term” for “eighth anniversary”.Enacted provision · exact public law section
(a) Section 2132(b)(1) of title 10, United States Code, relating to eligibility for educational assistance, is amended— (1) by striking out “automatically extended by two years” and inserting in lieu thereof “not less than six years”; and (2) by striking out “eighth anniversary” and inserting in lieu thereof “last day of the term”.Defense Officer Personnel Management Act
Pub. L. 96–513 title V § 511(69) · 94 Stat. 2835
Inserted · 10 U.S.C. § 16132
Pub. L. 96–513 inserted “of this title” after “section 2131” wherever appearing
Source evidence
Code amendment note
Pub. L. 96–513 inserted “of this title” after “section 2131” wherever appearing.Enacted provision · exact public law section
(69) Section 2132 is amended by inserting “of this title” after “section 2131” each place it appears.Veterans’ Educational Assistance Act of 1984
Pub. L. 98–525 title VII § 705(a)(1) · 98 Stat. 2492
Amended · 10 U.S.C. § 16132
Pub. L. 98–525 amended section generally, updating provisions covering eligibility for educational assistance to cover the period beginning July 1, 1985, and ending June 30, 1988
Source evidence
Code amendment note
Pub. L. 98–525 amended section generally, updating provisions covering eligibility for educational assistance to cover the period beginning July 1, 1985, and ending June 30, 1988.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.”.New GI Bill Continuation Act
Pub. L. 100–48 § 4 · 101 Stat. 331
Substituted · 10 U.S.C. § 16132(a)(1)
Pub. L. 100–48 substituted “after June 30, 1985” for “during the period beginning on July 1, 1985, and ending on June 30, 1988”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 100–48 substituted “after June 30, 1985” for “during the period beginning on July 1, 1985, and ending on June 30, 1988”.Enacted provision · exact public law section
SEC. 4. CONTINUATION OF EDUCATION ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE UNDER THE NEW GI BILL. Section 2132(a)(1) of title 10, United States Code, is amended by striking out “during the period beginning on July 1, 1985, and ending on June 30, 1988” and inserting in lieu thereof “after June 30, 1985”.Veterans’ Benefits and Programs Improvement Act of 1988
Pub. L. 100–689 § 111(b)(2) · 102 Stat. 4161
Substituted · 10 U.S.C. § 16132(a)(2)
Pub. L. 100–689, § 111(b)(2), substituted “completed the requirements of” for “received”
Inserted · 10 U.S.C. § 16132(a)(2)
Pub. L. 100–689, § 111(b)(2), inserted before semicolon at end “, or in the case of an individual who reenlists or extends an enlistment as described in paragraph (1)(A) of this subsection, has completed such requirements at any time before such reenlistment or extension”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 100–689, § 111(b)(2), substituted “completed the requirements of” for “received”, and inserted before semicolon at end “, or in the case of an individual who reenlists or extends an enlistment as described in paragraph (1)(A) of this subsection, has completed such requirements at any time before such reenlistment or extension”.Enacted provision · exact public law section
(2) Section 2132(a)(2) is amended— (A) by striking out “received” and inserting in lieu thereof “completed the requirements of”; and (B) by inserting before the semicolon the following: “, or in the case of an individual who reenlists or extends an enlistment as described in paragraph (1)(A) of this subsection, has completed such requirements at any time before such reenlistment or extension”.Veterans’ Benefits and Programs Improvement Act of 1988
Pub. L. 100–689 § 110(b) · 102 Stat. 4161
Amended · 10 U.S.C. § 16132(b)
Pub. L. 100–689, § 110(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Educational assistance may not be provided to a member under this chapter until the member—
Source evidence
Code amendment note
Subsec. (b). Pub. L. 100–689, § 110(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “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.”
Enacted provision · exact public law section
(b) Time of Eligibility.— Section 2132(b) of such title is amended to read as follows: “(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.”.Veterans’ Benefits and Programs Improvement Act of 1988
Pub. L. 100–689 § 111(b)(3) · 102 Stat. 4161
Inserted · 10 U.S.C. § 16132(c)
Pub. L. 100–689, § 111(b)(3), inserted at end “At the request of the Administrator of Veterans’ Affairs, the Secretary of Defense shall transmit a notice of entitlement for each such person to the Administrator.”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 100–689, § 111(b)(3), inserted at end “At the request of the Administrator of Veterans’ Affairs, the Secretary of Defense shall transmit a notice of entitlement for each such person to the Administrator.”Enacted provision · exact public law section
(3) Section 2132(c) is amended by adding the following sentence at the end: “At the request of the Administrator of Veterans’ Affairs, the Secretary of Defense shall transmit a notice of entitlement for each such person to the Administrator.”.Veterans’ Benefits and Programs Improvement Act of 1988
Pub. L. 100–689 § 111(b)(4) · 102 Stat. 4161
Amended · 10 U.S.C. § 16132(d)
Pub. L. 100–689, § 111(b)(4), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “A person who is entitled to educational assistance under chapter 30 of title 38 based on section 1412 of that title may not also be provided educational assistance under this chapter.”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 100–689, § 111(b)(4), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “A person who is entitled to educational assistance under chapter 30 of title 38 based on section 1412 of that title may not also be provided educational assistance under this chapter.”Enacted provision · exact public law section
(4) Section 2132(d) is amended to read as follows: “(d) An individual 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 Administrator of Veterans’ Affairs may prescribe) the program to which such service is to be credited.”.National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 645(a) · 103 Stat. 1352
Substituted · 10 U.S.C. § 16132(c)
Pub. L. 101–189, § 645(a), substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”
Substituted · 10 U.S.C. § 16132(c)
Pub. L. 101–189, § 645(a), substituted “to that Secretary” for “to the Administrator”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 101–189, § 645(a), substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs” and “to that Secretary” for “to the Administrator”.Enacted provision · exact public law section
(a) References to Administrator of Veterans’ Affairs.— Chapter 106 of title 10, United States Code, is amended— (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 (2) by striking out “to the Administrator” in section 2132(c) and inserting in lieu thereof “to that Secretary”.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. § 16132(d)
Pub. L. 101–189, § 645(a)(1), (b)(2), substituted “A person” for “An individual”
Substituted · 10 U.S.C. § 16132(d)
Pub. L. 101–189, § 645(a)(1), (b)(2), substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 101–189, § 645(a)(1), (b)(2), substituted “A person” for “An individual” and “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”; andNational Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 643(a) · 103 Stat. 1352
Inserted · 10 U.S.C. § 16132(d)
Pub. L. 101–189, § 643(a), inserted at end “However, a person may not receive credit under the program established by this chapter for service (in any grade) on full-time active duty or full-time National Guard duty for the purpose of organizing, administering, recruiting, instructing, or training the reserve components in a position which is included in the end strength required to be authorized each year by section 115(b)(1)(A)(ii) of this title.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 101–189, § 643(a), inserted at end “However, a person may not receive credit under the program established by this chapter for service (in any grade) on full-time active duty or full-time National Guard duty for the purpose of organizing, administering, recruiting, instructing, or training the reserve components in a position which is included in the end strength required to be authorized each year by section 115(b)(1)(A)(ii) of this title.”Enacted provision · exact public law section
(a) Limitation.— Section 2132(d) of title 10, United States Code, is amended by adding at the end the following new sentence: “However, a person may not receive credit under the program established by this chapter for service (in any grade) on full-time active duty or full-time National Guard duty for the purpose of organizing, administering, recruiting, instructing, or training the reserve components in a position which is included in the end strength required to be authorized each year by section 115(b)(1)(A)(ii) of this title,”.Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991
Pub. L. 102–25 title VII § 701(f)(6) · 105 Stat. 75
Substituted · 10 U.S.C. § 16132(d)
Pub. L. 102–25 substituted “section 115(a)(1)(B)” for “section 115(b)(1)(A)(ii)”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 102–25 substituted “section 115(a)(1)(B)” for “section 115(b)(1)(A)(ii)”.Enacted provision · exact public law section
(6) Section 2132(d) is amended by striking out “section 115(b)(1)(A)(ii)” and inserting in lieu thereof “section 115(a)(1)(B)”.Reserve Officer Personnel Management Act
Pub. L. 103–337 § 1663(b)(2) · 108 Stat. 2663
Changed · 10 U.S.C. § 16132
Pub. L. 103–337, § 1663(b)(2), renumbered section 2132 of this title as this section
Source evidence
Code amendment note
Pub. L. 103–337, § 1663(b)(2), renumbered section 2132 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 16137Effective date note
Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.Reserve Officer Personnel Management Act
Pub. L. 103–337 § 1663(b)(4)(A) · 108 Stat. 2663
Substituted · 10 U.S.C. § 16132(a)
Pub. L. 103–337, § 1663(b)(4)(A), substituted “16131” for “2131” in concluding provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–337, § 1663(b)(4)(A), substituted “16131” for “2131” in concluding provisions.Enacted provision · exact public law section
(A) in subsection (a), by striking out “section 2131” and inserting in lieu thereof “section 16131”; andEffective date note
Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.Reserve Officer Personnel Management Act
Pub. L. 103–337 § 1663(b)(4)(B) · 108 Stat. 2663
Substituted · 10 U.S.C. § 16132(c)
Pub. L. 103–337, § 1663(b)(4)(B), substituted “section 16134 and 16135” for “sections 2134 and 2135”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 103–337, § 1663(b)(4)(B), substituted “section 16134 and 16135” for “sections 2134 and 2135”.Enacted provision · exact public law section
(B) in subsection (c), by striking out “sections 2134 and 2135” and inserting in lieu thereof “section 16134 and 16135”.Effective date note
Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.National Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 div. A title XV § 1501(b)(34) · 110 Stat. 186
Substituted · 10 U.S.C. § 16132(c)
Pub. L. 104–106 substituted “sections 16134” for “section 16134”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 104–106 substituted “sections 16134” for “section 16134”.Enacted provision · exact public law section
(34) Section 16132(c) is amended by striking out “section” and inserting in lieu thereof “sections”.Effective date note
Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.Veterans Benefits and Health Care Improvement Act of 2000
Pub. L. 106–419 title I § 102(d) · 114 Stat. 1822
Amended · 10 U.S.C. § 16132(a)(2)
Pub. L. 106–419 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “before completing initial active duty for training has completed the requirements of a secondary school diploma (or an equivalency certificate), or in the case of an individual who reenlists or extends an enlistment as described in paragraph (1)(A) of this subsection, has completed such requirements at any time before such reenlistment or extension;”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 106–419 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “before completing initial active duty for training has completed the requirements of a secondary school diploma (or an equivalency certificate), or in the case of an individual who reenlists or extends an enlistment as described in paragraph (1)(A) of this subsection, has completed such requirements at any time before such reenlistment or extension;”.Enacted provision · exact public law section
(d) Educational Assistance Program for Members of Selected Reserve.— Paragraph (2) of section 16132(a) of title 10, United States Code, is amended to read as follows: “(2) before applying for benefits under this section, has completed the requirements of a secondary school diploma (or an equivalency certificate);”.
22 of 22 references resolved to an enrolled provision
Editorial Notes
Amendments1978–2000 · 10 rounds
2000
Subsec. (a)(2). Pub. L. 106–419 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “before completing initial active duty for training has completed the requirements of a secondary school diploma (or an equivalency certificate), or in the case of an individual who reenlists or extends an enlistment as described in paragraph (1)(A) of this subsection, has completed such requirements at any time before such reenlistment or extension;”.
1996
Subsec. (c). Pub. L. 104–106 substituted “sections 16134” for “section 16134”.
1994
Pub. L. 103–337, § 1663(b)(2), renumbered section 2132 of this title as this section.
Subsec. (a). Pub. L. 103–337, § 1663(b)(4)(A), substituted “16131” for “2131” in concluding provisions.
Subsec. (c). Pub. L. 103–337, § 1663(b)(4)(B), substituted “section 16134 and 16135” for “sections 2134 and 2135”.
1991
Subsec. (d). Pub. L. 102–25 substituted “section 115(a)(1)(B)” for “section 115(b)(1)(A)(ii)”.
1989
Subsec. (c). Pub. L. 101–189, § 645(a), substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs” and “to that Secretary” for “to the Administrator”.
Subsec. (d). Pub. L. 101–189, § 645(a)(1), (b)(2), substituted “A person” for “An individual” and “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”.
Pub. L. 101–189, § 643(a), inserted at end “However, a person may not receive credit under the program established by this chapter for service (in any grade) on full-time active duty or full-time National Guard duty for the purpose of organizing, administering, recruiting, instructing, or training the reserve components in a position which is included in the end strength required to be authorized each year by section 115(b)(1)(A)(ii) of this title.”
1988
Subsec. (a)(2). Pub. L. 100–689, § 111(b)(2), substituted “completed the requirements of” for “received”, and inserted before semicolon at end “, or in the case of an individual who reenlists or extends an enlistment as described in paragraph (1)(A) of this subsection, has completed such requirements at any time before such reenlistment or extension”.
Subsec. (b). Pub. L. 100–689, § 110(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “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.”
Subsec. (c). Pub. L. 100–689, § 111(b)(3), inserted at end “At the request of the Administrator of Veterans’ Affairs, the Secretary of Defense shall transmit a notice of entitlement for each such person to the Administrator.”
Subsec. (d). Pub. L. 100–689, § 111(b)(4), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “A person who is entitled to educational assistance under chapter 30 of title 38 based on section 1412 of that title may not also be provided educational assistance under this chapter.”
1987
Subsec. (a)(1). Pub. L. 100–48 substituted “after ” for “during the period beginning on , and ending on ”.
1984
Pub. L. 98–525 amended section generally, updating provisions covering eligibility for educational assistance to cover the period beginning , and ending .
1980
Pub. L. 96–513 inserted “of this title” after “section 2131” wherever appearing.
1978
Subsec. (b)(1). Pub. L. 95–485 substituted “not less than six years” for “automatically extended by two years” and “last day of the term” for “eighth anniversary”.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on , see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–337 effective , 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 , 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 , see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
Savings Provision
Pub. L. 101–189, div. A, title VI, § 643(b), , 103 Stat. 1458, provided that: “The amendment made by subsection (a) [amending this section] shall not affect the eligibility for educational assistance of any person who before the date of the enactment of this Act [] is entitled to educational assistance under section 2131(a) [now 16131(a)] of title 10, United States Code.”
Credits
1977–2000 · 11 acts
- 1977Added Pub. L. 95–79, title IV, § 402(a), , 91 Stat. 329, § 2132
- 1978amended Pub. L. 95–485, title IV, § 402(a), , 92 Stat. 1613
- 1980Pub. L. 96–513, title V, § 511(69), , 94 Stat. 2926
- 1984Pub. L. 98–525, title VII, § 705(a)(1), , 98 Stat. 2565
- 1987Pub. L. 100–48, § 4, , 101 Stat. 331
- 1988Pub. L. 100–689, title I, §§ 110(b), 111(b)(2)–(4), , 102 Stat. 4170, 4173
- 1989Pub. L. 101–189, div. A, title VI, §§ 643(a), 645(a), (b)(2), , 103 Stat. 1458
- 1991Pub. L. 102–25, title VII, § 701(f)(6), , 105 Stat. 115
- 1994renumbered § 16132 and amended Pub. L. 103–337, div. A, title XVI, § 1663(b)(2), (4), , 108 Stat. 3006, 3007
- 1996Pub. L. 104–106, div. A, title XV, § 1501(b)(34), , 110 Stat. 498
- 2000Pub. L. 106–419, title I, § 102(d), , 114 Stat. 1825.
Show as published
(Added Pub. L. 95–79, title IV, § 402(a), , 91 Stat. 329, § 2132; amended Pub. L. 95–485, title IV, § 402(a), , 92 Stat. 1613; Pub. L. 96–513, title V, § 511(69), , 94 Stat. 2926; Pub. L. 98–525, title VII, § 705(a)(1), , 98 Stat. 2565; Pub. L. 100–48, § 4, , 101 Stat. 331; Pub. L. 100–689, title I, §§ 110(b), 111(b)(2)–(4), , 102 Stat. 4170, 4173; Pub. L. 101–189, div. A, title VI, §§ 643(a), 645(a), (b)(2), , 103 Stat. 1458; Pub. L. 102–25, title VII, § 701(f)(6), , 105 Stat. 115; renumbered § 16132 and amended Pub. L. 103–337, div. A, title XVI, § 1663(b)(2), (4), , 108 Stat. 3006, 3007; Pub. L. 104–106, div. A, title XV, § 1501(b)(34), , 110 Stat. 498; Pub. L. 106–419, title I, § 102(d), , 114 Stat. 1825.)