§ 16136. Administration of program

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. 1984

   Veterans’ Educational Assistance Act of 1984

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

   Enacted · 10 U.S.C. § 16136

   Added Pub. L. 98–525, title VII, § 705(a)(1), Oct. 19, 1984, 98 Stat. 2567, § 2136

   Source evidence

   Code source credit
   Added Pub. L. 98–525, title VII, § 705(a)(1), Oct. 19, 1984, 98 Stat. 2567, § 2136

   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.”.

2. 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. § 16136(a)

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

   Source evidence

   Code amendment note
   Subsec. (a). 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

3. 1989

   National Defense Authorization Act for Fiscal Years 1990 and 1991

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

   1. Amended · 10 U.S.C. § 16136(b)

      Pub. L. 101–189, § 642(c), amended first sentence generally

   2. Substituted · 10 U.S.C. § 16136(b)

      Pub. L. 101–189, § 642(c), substituted “and the term ‘a person’, as used” for “, as used” in second sentence. Prior to amendment, first sentence read as follows: “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), 1780(b), 1786, 1787(b)(1), and 1792) shall be applicable to the provision of educational assistance under this chapter.”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 101–189, § 642(c), amended first sentence generally and substituted “and the term ‘a person’, as used” for “, as used” in second sentence. Prior to amendment, first sentence read as follows: “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), 1780(b), 1786, 1787(b)(1), and 1792) shall be applicable to the provision of educational assistance under this chapter.”

   Enacted provision · exact public law section
   (c) Conforming Amendments.— Section 2136(b) of such title is amended— (1) by striking out the first sentence and inserting in lieu thereof the following: “Except as otherwise provided in this chapter, the provisions of sections 1434(b), 1663, 1670, 1671, 1673, 1674, 1676, 1682(g), and 1683 of title 38 and the provisions of subchapters I and II of chapter 36 of such title (with the exception of sections 1780(c), 1780(g), 1786(a), 1787, and 1792) shall be applicable to the provision of educational assistance under this chapter.”; and (2) by striking out “, as used” in the second sentence and inserting in lieu thereof “and the term ‘a person’, as used”.

4. 1989

   Veterans Education and Employment Amendments of 1989

   Pub. L. 101–237 § 405(d)(3) · 103 Stat. 2062

   Inserted · 10 U.S.C. § 16136(b)

   Pub. L. 101–237, § 405(d)(3), inserted reference to section 1685 of title 38

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 101–237, § 405(d)(3), inserted reference to section 1685 of title 38.

   Enacted provision · exact public law section
   (3) Section 2136(b) of title 10, United States Code, is amended by striking out “and 1683” and inserting in lieu thereof “1683, and 1685”.

5. 1989

   Veterans Education and Employment Amendments of 1989

   Pub. L. 101–237 § 422(b)(1) · 103 Stat. 2062

   Added · 10 U.S.C. § 16136(c)

   Pub. L. 101–237, § 422(b)(1), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 101–237, § 422(b)(1), added subsec. (c).

   Enacted provision · exact public law section
   (1) Section 2136 of title 10, United States Code, is amended by adding the following new subsection: “(c) (1) The Secretary of Veterans Affairs may approve the pursuit of flight training (in addition to a course of flight training that may be approved under section 1673(b) of title 38) by an individual entitled to educational assistance under this chapter if— “(A) such training is generally accepted as necessary for the attainment of a recognized vocational objective in the field of aviation; “(B) the individual possesses a valid private pilot’s license and meets the medical requirements necessary for a commercial pilot’s license; and “(C) the flight school courses meet Federal Aviation Administration standards for such courses and are approved by the Federal Aviation Administration and the State approving agency. “(2) This subsection shall not apply to a course of flight training that commences on or after October 1, 1994,”.

6. 1990

   National Defense Authorization Act for Fiscal Year 1991

   Pub. L. 101–510 div. A title XIV § 1484(j)(3) · 104 Stat. 1485

   Substituted · 10 U.S.C. § 16136(a)

   Pub. L. 101–510 substituted “Department of Veterans Affairs” for “Veterans’ Administration” in two places

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–510 substituted “Department of Veterans Affairs” for “Veterans’ Administration” in two places.

   Enacted provision · exact public law section
   (3) Section 2136(a) of such title is amended by striking out “Veterans’ Administration” both places it appears and inserting in lieu thereof “Department of Veterans Affairs”.

7. 1991

   Pub. L. 102–16 § 10(b) · 105 Stat. 48

   Struck · 10 U.S.C. § 16136(b)

   Pub. L. 102–16 struck out “1434(b), 1663,” before “1670,” and “1780(g),” before “1786(a),”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 102–16 struck out “1434(b), 1663,” before “1670,” and “1780(g),” before “1786(a),”.

   Enacted provision · exact public law section
   (b) Title 10 Technical Amendment.— Section 2136(b) of title 10, United States Code, is amended by striking out “1434(b),”, “1663,”, and “1780(g),”.

8. 1992

   Veterans’ Benefits Act of 1992

   Pub. L. 102–568 § 320(a)(3) · 106 Stat. 4320

   Substituted · 10 U.S.C. § 16136(b)

   Pub. L. 102–568, § 320(a)(3), substituted “sections 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of title 38 and the provisions of subchapters I and II of chapter 36 of such title (with the exception of sections 3686(a), 3687, and 3692)” for “sections 1670, 1671, 1673, 1674, 1676, 1682(g), 1683, and 1685 of title 38 and the provisions of subchapters I and II of chapter 36 of such title (with the exception of sections 1786(a), 1787, and 1792)”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 102–568, § 320(a)(3), substituted “sections 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of title 38 and the provisions of subchapters I and II of chapter 36 of such title (with the exception of sections 3686(a), 3687, and 3692)” for “sections 1670, 1671, 1673, 1674, 1676, 1682(g), 1683, and 1685 of title 38 and the provisions of subchapters I and II of chapter 36 of such title (with the exception of sections 1786(a), 1787, and 1792)”.

   Enacted provision · exact public law section
   (3) in section 2136 (as amended by section 319 of this Act), by striking out “sections 1670” in subsection (b) and all that follows through “1792)” and inserting in lieu thereof “sections 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of title 38 and the provisions of subchapters I and II of chapter 36 of such title (with the exception of sections 3686(a), 3687, and 3692)”.

9. 1992

   Veterans’ Benefits Act of 1992

   Pub. L. 102–568 § 319 · 106 Stat. 4320

   Struck · 10 U.S.C. § 16136(b)

   Pub. L. 102–568, § 319, struck out “1780(c),” after “exception of sections”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–568, § 319, struck out “1780(c),” after “exception of sections”.

   Enacted provision · exact public law section
   SEC. 319. REQUIREMENT OF ATTENDANCE CERTIFICATION IN APPRENTICESHIP PROGRAM UNDER THE MONTGOMERY GI BILL SELECTED RESERVE PROGRAM. Section 2136(b) of title 10, United States Code, is amended by striking out “1780(c),”.

10. 1992

    Veterans’ Benefits Act of 1992

    Pub. L. 102–568 § 313(a)(6) · 106 Stat. 4320

    Substituted · 10 U.S.C. § 16136(c)(1)

    Pub. L. 102–568, § 313(a)(6), substituted “section 3680A(b) of title 38” for “section 1673(b) of title 38”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 102–568, § 313(a)(6), substituted “section 3680A(b) of title 38” for “section 1673(b) of title 38”.

    Enacted provision · exact public law section
    (6) Section 2136(c)(1) of title 10, United States Code, is amended by striking out “1673(b)” and inserting in lieu thereof “3680A(b)”.

11. 1994

    Reserve Officer Personnel Management Act

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

    Changed · 10 U.S.C. § 16136

    Pub. L. 103–337 renumbered section 2136 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 103–337 renumbered section 2136 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

12. 1994

    Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 title VI § 601(c) · 108 Stat. 4645

    1. Struck · 10 U.S.C. § 16136(c)

       Pub. L. 103–446 struck out “(1)” after “(c)”

    2. Redesignated · 10 U.S.C. § 16136(c)

       Pub. L. 103–446 redesignated subpars. (A) to (C) as pars. (1) to (3), respectively

    3. Struck · 10 U.S.C. § 16136(c)

       Pub. L. 103–446 struck out former par. (2) which read as follows: “This subsection shall not apply to a course of flight training that commences on or after October 1, 1994.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 103–446 struck out “(1)” after “(c)”, redesignated subpars. (A) to (C) as pars. (1) to (3), respectively, and struck out former par. (2) which read as follows: “This subsection shall not apply to a course of flight training that commences on or after October 1, 1994.”

    Enacted provision · exact public law section
    (c) Reserve Program.— Section 2136(c) of title 10, United States Code, is amended— (1) by striking out paragraph (2); (2) by striking out “(1)” after “(c)”; and (3) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively.

13. 1998

    Pub. L. 105–245 · 112 Stat. 1838

    1. Substituted · 10 U.S.C. § 16136(c)(2)

       Pub. L. 105–245 substituted “pilot certificate” for “pilot’s license” in two places

    2. Inserted · 10 U.S.C. § 16136(c)(2)

       Pub. L. 105–245 inserted “, on the day the individual begins a course of flight training,” after “meets”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 105–245 substituted “pilot certificate” for “pilot’s license” in two places and inserted “, on the day the individual begins a course of flight training,” after “meets”.

14. 2002

    Homeland Security Act of 2002

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

    Substituted · 10 U.S.C. § 16136(a)

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

    Source evidence

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

    Effective date note
    Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.

16 of 18 references resolved to an enrolled provision · 2 partial