§ 16135. Failure to participate satisfactorily; penalties

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. § 16135

   Added Pub. L. 95–79, title IV, § 402(a), July 30, 1977, 91 Stat. 330, § 2135

   Source evidence

   Code source credit
   Added Pub. L. 95–79, title IV, § 402(a), July 30, 1977, 91 Stat. 330, § 2135

   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. 1978

   Department of Defense Appropriation Authorization Act, 1979

   Pub. L. 95–485 title IV § 402(b) · 92 Stat. 1611

   Substituted · 10 U.S.C. § 16135

   Pub. L. 95–485 substituted “1980” for “1978”

   Source evidence

   Code amendment note
   Pub. L. 95–485 substituted “1980” for “1978”.

   Enacted provision · exact public law section
   (b) Section 2135 of title 10, United States Code, is amended by striking out “1978” and inserting in lieu thereof “1980”.

3. 1980

   Department of Defense Authorization Act, 1981

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

   Substituted · 10 U.S.C. § 16135

   Pub. L. 96–342 substituted “1985” for “1980”

   Source evidence

   Code amendment note
   Pub. L. 96–342 substituted “1985” for “1980”.

   Enacted provision · exact public law section
   (b) Section 2135 of such title 10, United States Code, is amended by striking out “September 30, 1980” and inserting in lieu thereof “September 30, 1985”.

4. 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. § 16135

      Pub. L. 98–525 amended section generally

   2. Substituted · 10 U.S.C. § 16135

      Pub. L. 98–525 substituting provisions relating to the failure to participate satisfactorily and penalties for provisions which had designated Sept. 30, 1985, as the termination date for enlistments qualifying for educational assistance

   Source evidence

   Code amendment note
   Pub. L. 98–525 amended section generally, substituting provisions relating to the failure to participate satisfactorily and penalties for provisions which had designated Sept. 30, 1985, as the termination date for enlistments qualifying for educational assistance.

   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.”.

5. 1988

   Veterans’ Benefits and Programs Improvement Act of 1988

   Pub. L. 100–689 § 111(b)(6)(A) · 102 Stat. 4161

   Inserted · 10 U.S.C. § 16135(a)(1)

   Pub. L. 100–689, § 111(b)(6)(A), inserted “, and during which the member has received such assistance,” after “chapter”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 100–689, § 111(b)(6)(A), inserted “, and during which the member has received such assistance,” after “chapter”.

   Enacted provision · exact public law section
   (A) in subsection (a)(1), by inserting “, and during which the member has received such assistance,” after “chapter”; and

6. 1988

   Veterans’ Benefits and Programs Improvement Act of 1988

   Pub. L. 100–689 § 111(b)(6)(B) · 102 Stat. 4161

   1. Added · 10 U.S.C. § 16135(b)(1)(A)

      Pub. L. 100–689, § 111(b)(6)(B), added subpar. (A)

   2. Struck · 10 U.S.C. § 16135(b)(1)(A)

      Pub. L. 100–689, § 111(b)(6)(B), struck out former subpar. (A) which read as follows: “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”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(A). Pub. L. 100–689, § 111(b)(6)(B), added subpar. (A) and struck out former subpar. (A) which read as follows: “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”.

   Enacted provision · exact public law section
   (B) by striking out clause (A) of subsection (b)(1) and inserting in lieu thereof the following: “(A) the number of months of obligated service the person has remaining under the agreement entered into under section 2131(a) of this title divided by the original number of months of such obligation; and”.

7. 1994

   Reserve Officer Personnel Management Act

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

   Changed · 10 U.S.C. § 16135

   Pub. L. 103–337, § 1663(b)(2), renumbered section 2135 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 103–337, § 1663(b)(2), renumbered section 2135 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

   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.

8. 1994

   Reserve Officer Personnel Management Act

   Pub. L. 103–337 § 1663(b)(6)(A) · 108 Stat. 2663

   Substituted · 10 U.S.C. § 16135(a)(1)(A)

   Pub. L. 103–337, § 1663(b)(6)(A), substituted “16132” for “2132”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(A). Pub. L. 103–337, § 1663(b)(6)(A), substituted “16132” for “2132”.

   Enacted provision · exact public law section
   (A) by striking out “section 2132” in subsection (a)(1)(A) and inserting in lieu thereof “section 16132”; and

   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.

9. 1994

   Reserve Officer Personnel Management Act

   Pub. L. 103–337 § 1663(b)(6)(B) · 108 Stat. 2663

   Substituted · 10 U.S.C. § 16135(b)(1)(A)

   Pub. L. 103–337, § 1663(b)(6)(B), which directed substitution of “section 16132(a)” for “section 2132(a)”, could not be executed because “section 2132(a)” does not appear in subsec. (b)(1)(A)

   Source evidence

   Code amendment note
   Subsec. (b)(1)(A). Pub. L. 103–337, § 1663(b)(6)(B), which directed substitution of “section 16132(a)” for “section 2132(a)”, could not be executed because “section 2132(a)” does not appear in subsec. (b)(1)(A).

   Enacted provision · exact public law section
   (B) by striking out “section 2132(a)” in subsection (b)(1)(A) and inserting in lieu thereof “section 16132(a)”.

   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.

10. 1996

    National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 div. A title XV § 1501(b)(35) · 110 Stat. 186

    Substituted · 10 U.S.C. § 16135(b)(1)(A)

    Pub. L. 104–106 substituted “16131(a)” for “2131(a)”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A). Pub. L. 104–106 substituted “16131(a)” for “2131(a)”.

    Enacted provision · exact public law section
    (35) Section 16135(b)(1)(A) is amended by striking out “section 2131(a)” and inserting in lieu thereof “section 16131(a)”.

    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.

11. 2002

    Pub. L. 107–314 div. A title VI § 642 · 116 Stat. 2458

    Added · 10 U.S.C. § 16135(c)

    Pub. L. 107–314 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 107–314 added subsec. (c).

    Enacted provision · exact public law section
    SEC. 642. REPAYMENT REQUIREMENTS UNDER RESERVE COMPONENT MONTGOMERY GI BILL ARISING FROM FAILURE TO PARTICIPATE SATISFACTORILY IN MILITARY SERVICE TO BE CONSIDERED DEBTS OWED TO THE UNITED STATES. Section 16135 of title 10, United States Code, is amended by adding at the end the following new subsection: “(c) (1) Subject to subsection (a)(2), an obligation to pay a refund to the United States under subsection (a)(1)(B) in an amount determined under subsection (b) is, for all purposes, a debt owed to the United States. “(2) A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an enlistment or other agreement under this section does not discharge the person signing such enlistment or other agreement from a debt arising under the enlistment or agreement, respectively, under this subsection.”.

12. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 div. A title VI § 687(c)(12) · 119 Stat. 3136

    Amended · 10 U.S.C. § 16135

    Pub. L. 109–163 reenacted section catchline without change and amended text generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to penalties for failure of a member of the Selected Reserve of the Ready Reserve of an armed force to participate satisfactorily in required training

    Source evidence

    Code amendment note
    Pub. L. 109–163 reenacted section catchline without change and amended text generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to penalties for failure of a member of the Selected Reserve of the Ready Reserve of an armed force to participate satisfactorily in required training.

    Enacted provision · exact public law section
    (12) Educational assistance for members of selected reserve.— Section 16135 of such title is amended to read as follows: “§ 16135. Failure to participate satisfactorily; penalties “(a) Penalties.— At the option of the Secretary concerned, a member of the Selected Reserve of an armed force who does not participate satisfactorily in required training as a member of the Selected Reserve during a term of enlistment or other period of obligated service that created entitlement of the member to educational assistance under this chapter, and during which the member has received such assistance, may— “(1) be ordered to active duty for a period of two years or the period of obligated service the person has remaining under section 16132 of this title, whichever is less; or “(2) be subject to the repayment provisions under section 303a(e) of title 37. “(b) Effect of Repayment.— Any repayment under section 303a(e) of title 37 shall not affect the period of obligation of a member to serve as a Reserve in the Selected Reserve.” .

13. 2017

    National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 div. A title VI § 618(a)(1)(N) · 131 Stat. 1283

    Inserted · 10 U.S.C. § 16135(a)(2); 10 U.S.C. § 16135(a)(b)

    Pub. L. 115–91 inserted “or 373” before “of title 37”

    Source evidence

    Code amendment note
    Subsecs. (a)(2), (b). Pub. L. 115–91 inserted “or 373” before “of title 37”.

    Enacted provision · exact public law section
    (N) Subsections (a)(2) and (b) of section 16135.

15 of 15 references resolved to an enrolled provision