TITLE 10 - US CODE - PART IV - TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL ASSISTANCE PROGRAMS

TITLE 10 - US CODE - CHAPTER 1601 - TRAINING GENERALLY

TITLE 10 - US CODE - CHAPTER 1606 - EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE

10 USC 16131 - 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 Homeland Security, 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) 
(1) Except as provided in subsections (d) through (f), each educational assistance program established under subsection (a) shall provide for payment by the Secretary concerned, through the Secretary of Veterans Affairs, to each person entitled to educational assistance under this chapter who is pursuing a program of education of an educational assistance allowance at the following rates:
(A) $251 (as increased from time to time under paragraph (2)) per month for each month of full-time pursuit of a program of education;
(B) $188 (as increased from time to time under paragraph (2)) per month for each month of three-quarter-time pursuit of a program of education;
(C) $125 (as increased from time to time under paragraph (2)) per month for each month of half-time pursuit of a program of education; and
(D) an appropriately reduced rate, as determined under regulations which the Secretary 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.
(2) With respect to any fiscal year, 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) equal to the percentage by which
(A) 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
(B) such Consumer Price Index for the 12-month period preceding the 12-month period described in subparagraph (A).
(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.
(2) Subject to section 3695 of title 38, the maximum number of months of educational assistance that may be provided to any person under this chapter is 36 (or the equivalent thereof in part-time educational assistance).
(3) 
(A) Notwithstanding any other provision of this chapter or chapter 36 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 individuals 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 to serve on active duty under section 12301 (a), 12301 (d), 12301 (g), 12302, or 12304 of this title; and
(ii) failed to receive credit or training time toward completion of the individuals approved educational, professional, or vocational objective as a result of having to discontinue, as described in clause (i), the individuals 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).
(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 persons 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 persons 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 persons 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 persons 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) 
(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
(i) 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 amount equal to the amount of the monthly rate payable under subsection (b)(1)(A) for the fiscal year concerned which is paid to the individual as an educational assistance allowance.
(f) 
(1) Each individual who is pursuing a program of education consisting exclusively of flight training approved as meeting the requirements of section 16136 (c) of this title shall be paid an educational assistance allowance under this chapter in the amount equal to 60 percent of the established charges for tuition and fees which similarly circumstanced nonveterans 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 amount equal to the amount of the monthly rate payable under subsection (b)(1)(A) for the fiscal year concerned which is paid to that individual as an educational assistance allowance for such program.
(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 individuals flight training.
(g) 
(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 persons 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 persons 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 persons 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.
(h) 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.
(i) 
(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 be exercised by the Secretaries concerned under regulations prescribed by the Secretary of Defense.
(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 individuals available entitlement under this chapter.

10 USC 16131a - Accelerated payment of educational assistance

(a) The educational assistance allowance payable under section 16131 of this title with respect to an eligible person described in subsection (b) may, upon the election of such eligible person, be paid on an accelerated basis in accordance with this section.
(b) An eligible person described in this subsection is a person entitled to educational assistance under this chapter who is
(1) enrolled in an approved program of education not exceeding two years in duration and not leading to an associate, bachelors, masters, or other degree, subject to subsection (g); and
(2) charged tuition and fees for the program of education that, when divided by the number of months (and fractions thereof) in the enrollment period, exceeds the amount equal to 200 percent of the monthly rate of educational assistance allowance otherwise payable with respect to the person under section 16131 of this title.
(c) 
(1) The amount of the accelerated payment of educational assistance payable with respect to an eligible person making an election under subsection (a) for a program of education shall be the lesser of
(A) the amount equal to 60 percent of the established charges for the program of education; or
(B) the aggregate amount of educational assistance allowance to which the person remains entitled under this chapter at the time of the payment.
(2) 
(A) In this subsection, except as provided in subparagraph (B), the term established charges, in the case of a program of education, means the actual charges (as determined pursuant to regulations prescribed by the Secretary of Veterans Affairs) for tuition and fees which similarly circumstanced individuals who are not eligible for benefits under this chapter and who are enrolled in the program of education would be required to pay. Established charges shall be determined on the following basis:
(i) In the case of an individual enrolled in a program of education offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the term, quarter, or semester.
(ii) In the case of an individual enrolled in a program of education not offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the entire program of education.
(B) In this subsection, the term established charges does not include any fees or payments attributable to the purchase of a vehicle.
(3) The educational institution providing the program of education for which an accelerated payment of educational assistance allowance is elected by an eligible person under subsection (a) shall certify to the Secretary of Veterans Affairs the amount of the established charges for the program of education.
(d) An accelerated payment of educational assistance allowance made with respect to an eligible person under this section for a program of education shall be made not later than the last day of the month immediately following the month in which the Secretary of Veterans Affairs receives a certification from the educational institution regarding
(1) the persons enrollment in and pursuit of the program of education; and
(2) the amount of the established charges for the program of education.
(e) 
(1) Except as provided in paragraph (2), for each accelerated payment of educational assistance allowance made with respect to an eligible person under this section, the persons entitlement to educational assistance under this chapter shall be charged the number of months (and any fraction thereof) determined by dividing the amount of the accelerated payment by the full-time monthly rate of educational assistance allowance otherwise payable with respect to the person under section 16131 of this title as of the beginning date of the enrollment period for the program of education for which the accelerated payment is made.
(2) If the monthly rate of educational assistance allowance otherwise payable with respect to an eligible person under section 16131 of this title increases during the enrollment period of a program of education for which an accelerated payment of educational assistance allowance is made under this section, the charge to the persons entitlement to educational assistance under this chapter shall be determined by prorating the entitlement chargeable, in the manner provided for under paragraph (1), for the periods covered by the initial rate and increased rate, respectively, in accordance with regulations prescribed by the Secretary of Veterans Affairs.
(f) The Secretary of Veterans Affairs shall prescribe regulations to carry out this section. The regulations shall include requirements, conditions, and methods for the request, issuance, delivery, certification of receipt and use, and recovery of overpayment of an accelerated payment of educational assistance allowance under this section. The regulations may include such elements of the regulations prescribed under section 3014A of title 38 as the Secretary of Veterans Affairs considers appropriate for purposes of this section.
(g) The aggregate amount of educational assistance payable under this section in any fiscal year for enrollments covered by subsection (b)(1) may not exceed $4,000,000.

10 USC 16132 - Eligibility for educational assistance

(a) A person who
(1) after June 30, 1985
(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 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.

(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.
(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 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.
(d) 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.

10 USC 16132a - Authority to transfer unused education benefits to family members

(a) In General.— 
Subject to regulation prescribed by the Secretary of Defense, the Secretary concerned may permit a member described in subsection (b) who is entitled to basic educational assistance under this chapter to elect to transfer to one or more of the dependents specified in subsection (c) a portion of such members entitlement to such assistance, subject to the limitation under subsection (d).
(b) Eligible Members.— 
A member referred to in subsection (a) is a member of the Selected Reserve of the Ready Reserve who, at the time of the approval of the members request to transfer entitlement to basic educational assistance under this section, has completed
(1) at least six years of service in the Selected Reserve and enters into an agreement to service[1] at least four more years as a member of the armed forces; or
(2) the years of service as determined in regulations pursuant to subsection (j).
(c) Eligible Dependents.— 
A member approved to transfer an entitlement to basic educational assistance under this section may transfer the members entitlement as follows:
(1) To the members spouse.
(2) To one or more of the members children.
(3) To a combination of the individuals referred to in paragraphs (1) and (2).
(d) Limitation on Months of Transfer.— 
The total number of months of entitlement transferred by a member under this section may not exceed 36 months. The Secretary of Defense may prescribe regulations that would limit the months of entitlement that may be transferred under this section to no less than 18 months.
(e) Designation of Transferee.— 
A member transferring an entitlement to basic educational assistance under this section shall
(1) designate the dependent or dependents to whom such entitlement is being transferred;
(2) designate the number of months of such entitlement to be transferred to each such dependent; and
(3) specify the period for which the transfer shall be effective for each dependent designated under paragraph (1).
(f) Time for Transfer; Revocation and Modification.— 

(1) Subject to the time limitation for use of entitlement under section 16133, a member approved to transfer entitlement to basic educational assistance under this section may transfer such entitlement at any time after the approval of the members request to transfer such entitlement.
(2) A member transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. The modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs.
(3) Entitlement transferred under this section may not be treated as marital property, or the asset of a marital estate, subject to division in a divorce or other civil proceeding.
(g) Commencement of Use.— 
A dependent to whom entitlement to basic educational assistance is transferred under this section may not commence the use of the transferred entitlement until
(1) in the case of entitlement transferred to a spouse, the completion by the member making the transfer of at least
(A) six years of service in the armed forces; or
(B) the years of service as determined in regulations pursuant to subsection (j); or
(2) in the case of entitlement transferred to a child, both
(A) the completion by the member making the transfer of at least
(i) ten years of service in the armed forces; or
(ii) the years of service as determined in regulations pursuant to subsection (j); and
(B) either
(i) the completion by the child of the requirements of a secondary school diploma (or equivalency certificate); or
(ii) the attainment by the child of 18 years of age.
(h) Additional Administrative Matters.— 

(1) The use of any entitlement to basic educational assistance transferred under this section shall be charged against the entitlement of the member making the transfer at the rate of one month for each month of transferred entitlement that is used.
(2) Except as provided under subsection (e)(2) and subject to paragraphs (5) and (6), a dependent to whom entitlement is transferred under this section is entitled to basic educational assistance under this chapter in the same manner as the member from whom the entitlement was transferred.
(3) The monthly rate of educational assistance payable to a dependent to whom entitlement is transferred under this section shall be the monthly amount payable under sections 16131 and 16131a to the member making the transfer.
(4) The death of a member transferring an entitlement under this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred.
(5) The involuntary separation or retirement of the member
(A) because of a nondiscretionary provision of law for age or years of service;
(B) because of a policy prescribed by the Secretary concerned mandating such separation or retirement based solely on age or years of service for the prescribed pay grade of an enlisted member;
(C) under section 16133 (b); or
(D) because of medical disqualification which is not the result of gross negligence or misconduct of the member,

shall not affect the use of entitlement by the dependent to whom the entitlement is transferred.

(6) A child to whom entitlement is transferred under this section may not use any entitlement so transferred after attaining the age of 26 years.
(7) The administrative provisions of this chapter shall apply to the use of entitlement transferred under this section, except that the dependent to whom the entitlement is transferred shall be treated as the eligible member for purposes of such provisions.
(8) The purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate).
(i) Overpayment.— 

(1) In the event of an overpayment of basic educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the member making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685 of title 38.
(2) Except as provided in paragraph (3), if a members whose[2] eligibility is terminated under section 16134 (2), the amount of any transferred entitlement under this section that is used by a dependent of the member as of the date of such termination shall be treated as an overpayment of basic educational assistance under paragraph (1).
(3) Paragraph (2) shall not apply in the case of a member who fails to complete service agreed to by the member
(A) by reason of the death of the member; or
(B) for a reason referred to in section 16133 (b).
(j) Regulations.— 
The Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall prescribe regulations for purposes of this section. Such regulations shall specify
(1) the manner of authorizing the military departments to offer transfer of entitlements under this section;
(2) the eligibility criteria in accordance with subsection (b);
(3) the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (f)(2); and
(4) the manner in which the provisions referred to in subsections (h)(4) and (5) shall be administered with respect to a dependent to whom entitlement is transferred under this section.
[1] So in original. Probably should be “serve”.
[2] So in original. The word “whose” probably should not appear.

10 USC 16133 - 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 chapter may use such persons entitlement expires on the date the person is separated from the Selected Reserve.
(b) 
(1) In the case of a person
(A) who is separated from the Selected Reserve because of a disability which was not the result of the individuals own willful misconduct incurred on or after the date on which such person became entitled to educational assistance under this chapter; or
(B) who, on or after the date on which such person became entitled to educational assistance under this chapter ceases to be a member of the Selected Reserve during the period beginning on October 1, 1991, and ending on December 31, 2001, or the period beginning on October 1, 2007, and ending on September 30, 2014, by reason of the inactivation of the persons unit of assignment or by reason of involuntarily ceasing to be designated as a member of the Selected Reserve pursuant to section 10143 (a) of this title,

the period for using entitlement prescribed by subsection (a) shall be determined without regard to clause (2) of such subsection.

(2) The provisions of section 3031 (f) of title 38 shall apply to the period of entitlement prescribed by subsection (a).
(3) The provisions of section 3031 (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.
(4) In the case of a member of the Selected Reserve of the Ready Reserve who serves on active duty pursuant to an order to active duty issued under section 12301 (a), 12301 (d), 12301 (g), 12302, or 12304 of this title
(A) the period of such active duty service plus four months shall not be considered in determining the expiration date applicable to such member under subsection (a); and
(B) the member may not be considered to have been separated from the Selected Reserve for the purposes of clause (2) of such subsection by reason of the commencement of such active duty service.

10 USC 16134 - Termination of assistance

Educational assistance may not be provided under this chapter
(1) to a member receiving financial assistance under section 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.

10 USC 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.

10 USC 16136 - Administration of program

(a) Educational assistance under this chapter shall be provided through the Department of Veterans Affairs, under agreements to be entered into by the Secretary of Defense, and by the Secretary of Homeland Security, with the Secretary of Veterans Affairs. Such agreements shall include administrative procedures to ensure the prompt and timely transfer of funds from the Secretary concerned to the Department of Veterans Affairs for the making of payments under this chapter.
(b) Except as otherwise provided in this chapter, the provisions of 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) shall be applicable to the provision of educational assistance under this chapter. The term eligible veteran and the term a person, as used in those provisions, shall be deemed for the purpose of the application of those provisions to this chapter to refer to a person eligible for educational assistance under this chapter.
(c) 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 3680A (b) of title 38) by an individual entitled to educational assistance under this chapter if
(1) such training is generally accepted as necessary for the attainment of a recognized vocational objective in the field of aviation;
(2) the individual possesses a valid private pilot certificate and meets, on the day the individual begins a course of flight training, the medical requirements necessary for a commercial pilot certificate; and
(3) 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.

10 USC 16137 - Biennial report to Congress

The Secretary of Defense shall submit to Congress a report not later than March 1 of each odd-numbered year concerning the operation of the educational assistance program established by this chapter during the preceding two fiscal years. 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 those fiscal years. The Secretary may submit the report more frequently and adjust the period covered by the report accordingly.

TITLE 10 - US CODE - CHAPTER 1607 - EDUCATIONAL ASSISTANCE FOR RESERVE COMPONENT MEMBERS SUPPORTING CONTINGENCY OPERATIONS AND CERTAIN OTHER OPERATIONS

10 USC 16161 - Purpose

The purpose of this chapter is to provide educational assistance to members of the reserve components called or ordered to active service in response to a war or national emergency declared by the President or the Congress, in recognition of the sacrifices that those members make in answering the call to duty.

10 USC 16162 - Educational assistance program

(a) Program Establishment.— 
The Secretary of each military department, under regulations prescribed by the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall establish and maintain a program as prescribed in this chapter to provide educational assistance to members of the Ready Reserve of the armed forces under the jurisdiction of the Secretary concerned.
(b) Authorized Education Programs.— 
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.
(c) Benefit Amount.— 

(1) The educational assistance program established under subsection (a) shall provide for payment by the Secretary concerned, through the Secretary of Veterans Affairs, an educational assistance allowance to each member entitled to educational assistance under this chapter who is pursuing a program of education authorized under subsection (b).
(2) The educational assistance allowance provided under this chapter shall be based on the applicable percent under paragraph (4) to the applicable rate provided under section 3015 of title 38 for a member whose entitlement is based on completion of an obligated period of active duty of three years.
(3) The educational assistance allowance provided under this section for a person who is undertaking a program for which a reduced rate is specified in chapter 30 of title 38, that rate shall be further adjusted by the applicable percent specified in paragraph (4).
(4) The adjusted educational assistance allowance under paragraph (2) or (3), as applicable, shall be
(A) 40 percent in the case of a member of a reserve component who performed active service for 90 consecutive days but less than one continuous year;
(B) 60 percent in the case of a member of a reserve component who performed active service for one continuous year but less than two continuous years; or
(C) 80 percent in the case of a member of a reserve component who performed active service for
(i) two continuous years or more; or
(ii) an aggregate of three years or more.
(d) Maximum Months of Assistance.— 

(1) Subject to section 3695 of title 38, the maximum number of months of educational assistance that may be provided to any member under this chapter is 36 (or the equivalent thereof in part-time educational assistance).
(2) 
(A) Notwithstanding any other provision of this chapter or chapter 36 of title 38, any payment of an educational assistance allowance described in subparagraph (B) 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 individuals receipt of assistance.
(B) The payment of the educational assistance allowance referred to in subparagraph (A) 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 to serve on active duty under section 12301 (a), 12301 (d), 12301 (g), 12302, or 12304 of this title; and
(ii) failed to receive credit or training time toward completion of the individuals approved educational, professional, or vocational objective as a result of having to discontinue, as described in clause (i), the individuals 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).
(e) Availability of Assistance for Licensing and Certification Tests.— 
The provisions of section 16131 (j) of this title shall apply to the provision of educational assistance under this chapter, except that, in applying such section under this chapter, the reference to subsection (b) in paragraph (2) of such section is deemed to be a reference to subsection (c) of this section.
(f) Contributions for Increased Amount of Educational Assistance.— 

(1) 
(A) Any individual eligible for educational assistance under this section may contribute amounts for purposes of receiving an increased amount of educational assistance as provided for in paragraph (2).
(B) An individual covered by subparagraph (A) may make the contributions authorized by that subparagraph at any time while a member of a reserve component, but not more frequently than monthly.
(C) The total amount of the contributions made by an individual under subparagraph (A) may not exceed $600. Such contributions shall be made in multiples of $20.
(D) Contributions under this subsection shall be made to the Secretary concerned. Such Secretary shall deposit any amounts received as contributions under this subsection into the Treasury as miscellaneous receipts.
(2) Effective as of the first day of the enrollment period following the enrollment period in which an individual makes contributions under paragraph (1), the monthly amount of educational assistance allowance applicable to such individual under this section shall be the monthly rate otherwise provided for under subsection (c) increased by
(A) an amount equal to $5 for each $20 contributed by such individual under paragraph (1) for an approved program of education pursued on a full-time basis; or
(B) an appropriately reduced amount based on the amount so contributed as determined under regulations that the Secretary of Veterans Affairs shall prescribe, for an approved program of education pursued on less than a full-time basis.

10 USC 16162a - Accelerated payment of educational assistance

(a) Payment on Accelerated Basis.— 
The educational assistance allowance payable under section 16162 of this title with respect to an eligible member described in subsection (b) may, upon the election of such eligible member, be paid on an accelerated basis in accordance with this section.
(b) Eligible Members.— 
An eligible member described in this subsection is a member of a reserve component entitled to educational assistance under this chapter who is
(1) enrolled in an approved program of education not exceeding two years in duration and not leading to an associate, bachelors, masters, or other degree, subject to subsection (g); and
(2) charged tuition and fees for the program of education that, when divided by the number of months (and fractions thereof) in the enrollment period, exceeds the amount equal to 200 percent of the monthly rate of educational assistance allowance otherwise payable with respect to the member under section 16162 of this title.
(c) Amount of Accelerated Payment.— 

(1) The amount of the accelerated payment of educational assistance payable with respect to an eligible member making an election under subsection (a) for a program of education shall be the lesser of
(A) the amount equal to 60 percent of the established charges for the program of education; or
(B) the aggregate amount of educational assistance allowance to which the member remains entitled under this chapter at the time of the payment.
(2) 
(A) In this subsection, except as provided in subparagraph (B), the term established charges, in the case of a program of education, means the actual charges (as determined pursuant to regulations prescribed by the Secretary of Veterans Affairs) for tuition and fees which similarly circumstanced individuals who are not eligible for benefits under this chapter and who are enrolled in the program of education would be required to pay. Established charges shall be determined on the following basis:
(i) In the case of an individual enrolled in a program of education offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the term, quarter, or semester.
(ii) In the case of an individual enrolled in a program of education not offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the entire program of education.
(B) In this subsection, the term established charges does not include any fees or payments attributable to the purchase of a vehicle.
(3) The educational institution providing the program of education for which an accelerated payment of educational assistance allowance is elected by an eligible member under subsection (a) shall certify to the Secretary of Veterans Affairs the amount of the established charges for the program of education.
(d) Time of Payment.— 
An accelerated payment of educational assistance allowance made with respect to an eligible member under this section for a program of education shall be made not later than the last day of the month immediately following the month in which the Secretary of Veterans Affairs receives a certification from the educational institution regarding
(1) the members enrollment in and pursuit of the program of education; and
(2) the amount of the established charges for the program of education.
(e) Charge Against Entitlement.— 

(1) Except as provided in paragraph (2), for each accelerated payment of educational assistance allowance made with respect to an eligible member under this section, the members entitlement to educational assistance under this chapter shall be charged the number of months (and any fraction thereof) determined by dividing the amount of the accelerated payment by the full-time monthly rate of educational assistance allowance otherwise payable with respect to the member under section 16162 of this title as of the beginning date of the enrollment period for the program of education for which the accelerated payment is made.
(2) If the monthly rate of educational assistance allowance otherwise payable with respect to an eligible member under section 16162 of this title increases during the enrollment period of a program of education for which an accelerated payment of educational assistance allowance is made under this section, the charge to the members entitlement to educational assistance under this chapter shall be determined by prorating the entitlement chargeable, in the manner provided for under paragraph (1), for the periods covered by the initial rate and increased rate, respectively, in accordance with regulations prescribed by the Secretary of Veterans Affairs.
(f) Regulations.— 
The Secretary of Veterans Affairs shall prescribe regulations to carry out this section. The regulations shall include requirements, conditions, and methods for the request, issuance, delivery, certification of receipt and use, and recovery of overpayment of an accelerated payment of educational assistance allowance under this section. The regulations may include such elements of the regulations prescribed under section 3014A of title 38 as the Secretary of Veterans Affairs considers appropriate for purposes of this section.
(g) Limitation.— 
The aggregate amount of educational assistance payable under this section in any fiscal year for enrollments covered by subsection (b)(1) may not exceed $3,000,000.

10 USC 16163 - Eligibility for educational assistance

(a) Eligibility.— 
On or after September 11, 2001, a member of a reserve component is entitled to educational assistance under this chapter if the member
(1) served on active duty in support of a contingency operation for 90 consecutive days or more; or
(2) in the case of a member of the Army National Guard of the United States or Air National Guard of the United States, performed full time National Guard duty under section 502 (f) of title 32 for 90 consecutive days or more when authorized by the President or Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds.
(b) Disabled Members.— 
Notwithstanding the eligibility requirements in subsection (a), a member who was ordered to active service as prescribed under subsection (a)(1) or (a)(2) but is released from duty before completing 90 consecutive days because of an injury, illness or disease incurred or aggravated in the line of duty shall be entitled to educational assistance under this chapter at the rate prescribed in section 16162 (c)(4)(A) of this title.
(c) Written Notification.— 

(1) Each member who becomes entitled to educational assistance under subsection (a) shall be given a statement in writing prior to release from active service that summarizes the provisions of this chapter and stating clearly and prominently the substance of section 16165 of this title as such section may apply to the member.
(2) At the request of the Secretary of Veterans Affairs, the Secretary concerned shall transmit a notice of entitlement for each such member to that Secretary.
(d) Bar From Dual Eligibility.— 
A member who qualifies for educational assistance under this chapter 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 make an irrevocable election (in such form and manner as the Secretary of Veterans Affairs may prescribe) as to the program to which such service is to be credited.
(e) Bar From Duplication of Educational Assistance Allowance.— 

(1) Except as provided in paragraph (2), an individual entitled to educational assistance under this chapter who is also eligible for educational assistance under chapter 1606 of this title, chapter 30, 31, 32, or 35 of title 38, or under the Hostage Relief Act of 1980 (Public Law 96449; 5 U.S.C. 5561 note ) may not receive assistance under more than one such programs[1] and shall elect (in such form and manner as the Secretary of Veterans Affairs may prescribe) under which program the member elects to receive educational assistance.
(2) The restriction on duplication of educational assistance under paragraph (1) does not apply to the entitlement of educational assistance under section 16131 (i) of this title.
[1] So in original. Probably should be “program”.

10 USC 16163a - Authority to transfer unused education benefits to family members

(a) In General.— 
Subject to the provisions of this section, the Secretary concerned may permit, at such Secretarys sole discretion, a member described in subsection (b) who is entitled to basic educational assistance under this chapter to elect to transfer to one or more of the dependents specified in subsection (c) a portion of such members entitlement to such assistance, subject to the limitation under subsection (d).
(b) Eligible Members.— 
A member referred to in subsection (a) is a member of the armed forces who, at the time of the approval of the members request to transfer entitlement to basic educational assistance under this section, has completed at least
(1) six years of service in the armed forces and enters into an agreement to serve at least four more years as a member of the armed forces; or
(2) the years of service as determined in regulations pursuant to section[1] (j).
(c) Eligible Dependents.— 
A member approved to transfer an entitlement to basic educational assistance under this section may transfer the members entitlement as follows:
(1) To the members spouse.
(2) To one or more of the members children.
(3) To a combination of the individuals referred to in paragraphs (1) and (2).
(d) Limitation on Months of Transfer.— 
The total number of months of entitlement transferred by a member under this section may not exceed 36 months. The Secretary of Defense may prescribe regulations that would limit the months of entitlement that may be transferred under this section to no less than 18 months.
(e) Designation of Transferee.— 
A member transferring an entitlement to basic educational assistance under this section shall
(1) designate the dependent or dependents to whom such entitlement is being transferred;
(2) designate the number of months of such entitlement to be transferred to each such dependent; and
(3) specify the period for which the transfer shall be effective for each dependent designated under paragraph (1).
(f) Time for Transfer; Revocation and Modification.— 

(1) Subject to the time limitation for use of entitlement under section 16164, a member approved to transfer entitlement to basic educational assistance under this section may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed.
(2) A member transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. The modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs.
(3) Entitlement transferred under this section may not be treated as marital property, or the asset of a marital estate, subject to division in a divorce or other civil proceeding.
(g) Commencement of Use.— 
A dependent to whom entitlement to basic educational assistance is transferred under this section may not commence the use of the transferred entitlement until
(1) in the case of entitlement transferred to a spouse, the completion by the member making the transfer of at least
(A) six years of service in the armed forces; or
(B) the years of service as determined in regulations pursuant to subsection (j); or
(2) in the case of entitlement transferred to a child, both
(A) the completion by the member making the transfer of at least
(i) ten years of service in the armed forces; or
(ii) the years of service as determined in regulations pursuant to subsection (j); and
(B) either
(i) the completion by the child of the requirements of a secondary school diploma (or equivalency certificate); or
(ii) the attainment by the child of 18 years of age.
(h) Additional Administrative Matters.— 

(1) The use of any entitlement to basic educational assistance transferred under this section shall be charged against the entitlement of the member making the transfer at the rate of one month for each month of transferred entitlement that is used.
(2) Except as provided under subsection (e)(2) and subject to paragraphs (5) and (6), a dependent to whom entitlement is transferred under this section is entitled to basic educational assistance under this chapter in the same manner as the member from whom the entitlement was transferred.
(3) The monthly rate of educational assistance payable to a dependent to whom entitlement is transferred under this section shall be the monthly amount payable under sections 16162 and 16162a to the member making the transfer.
(4) The death of a member transferring an entitlement under this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred.
(5) Notwithstanding section 16164 (a)(2), a child to whom entitlement is transferred under this section may use the benefit without regard to the 10-year delimiting date, but may not use any entitlement so transferred after attaining the age of 26 years.
(6) The administrative provisions of this chapter shall apply to the use of entitlement transferred under this section, except that the dependent to whom the entitlement is transferred shall be treated as the eligible member for purposes of such provisions.
(7) The purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate).
(i) Overpayment.— 

(1) Joint and several liability.— 
In the event of an overpayment of basic educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the member making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685 of title 38.
(2) Failure to complete service agreement.— 
Except as provided in paragraph (3), if an individual transferring entitlement under this section fails to complete the service agreed to by the individual under subsection (b)(1) in accordance with the terms of the agreement of the individual under that subsection, the amount of any transferred entitlement under this section that is used by a dependent of the individual as of the date of such failure shall be treated as an overpayment of educational assistance under paragraph (1).
(3) Paragraph (2) shall not apply in the case of an individual who fails to complete service agreed to by the individual
(A) by reason of the death of the individual; or
(B) for a reason referred to in section 16133 (b).
(j) Regulations.— 

(1) The Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall prescribe regulations for purposes of this section.
(2) Such regulations shall specify
(A) the manner of authorizing the transfer of entitlements under this section;
(B) the eligibility criteria in accordance with subsection (b); and
(C) the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (f)(2).
(k) Secretary Concerned Defined.— 
For purposes of this section, the term Secretary concerned has the meaning given in section 101 (a)(9) in the case of a member of the armed forces.
[1] So in original. Probably should be “subsection”.

10 USC 16164 - Time limitation for use of entitlement

(a) Duration of Entitlement.— 
Except as provided in subsection (b), a member remains entitled to educational assistance under this chapter
(1) while the member is serving
(A) in the Selected Reserve of the Ready Reserve, in the case of a member called or ordered to active service while serving in the Selected Reserve; or
(B) in the Ready Reserve, in the case of a member ordered to active duty while serving in the Ready Reserve (other than the Selected Reserve); and
(2) in the case of a person who separates from the Selected Reserve of the Ready Reserve after completion of a period of active service described in section 16163 of this title and completion of a service contract under honorable conditions, during the 10-year period beginning on the date on which the person separates from the Selected Reserve.
(b) Duration of Entitlement for Disabled Members.— 

(1) In the case of a person who is separated from the Ready Reserve because of a disability which was not the result of the individuals own willful misconduct incurred on or after the date on which such person became entitled to educational assistance under this chapter, such persons entitlement to educational assistance expires at the end of the 10-year period beginning on the date on which such person became entitled to such assistance.
(2) The provisions of subsections (d) and (f) of section 3031 of title 38 shall apply to the period of entitlement prescribed by paragraph (1).

10 USC 16165 - Termination of assistance

(a) In General.— 
Except as provided in subsection (b), educational assistance may not be provided under this chapter, or if being provided under this chapter, shall be terminated
(1) if the member is receiving financial assistance under section 2107 of this title as a member of the Senior Reserve Officers Training Corps program; or
(2) when the member separates from the Ready Reserve as provided in section 16164 (a)(1) of this title, or upon completion of the period provided for in section 16164 (a)(2) of this title, as applicable.
(b) Exception.— 
Under regulations prescribed by the Secretary of Defense, educational assistance may be provided under this chapter to a member of the Selected Reserve of the Ready Reserve who incurs a break in service in the Selected Reserve if the member continues to serve in the Ready Reserve during and after such break in service.

10 USC 16166 - Administration of program

(a) Administration.— 
Educational assistance under this chapter shall be provided through the Department of Veterans Affairs, under agreements to be entered into by the Secretary of Defense, and by the Secretary of Homeland Security, with the Secretary of Veterans Affairs. Such agreements shall include administrative procedures to ensure the prompt and timely transfer of funds from the Secretary concerned to the Department of Veterans Affairs for the making of payments under this chapter.
(b) Program Management.— 
Except as otherwise provided in this chapter, the provisions of sections 503, 511, 3470, 3471, 3474, 3476, 3482 (g), 3483, and 3485 of title 38 and the provisions of subchapters I and II of chapter 36 of such title (with the exception of sections 3686 (a), 3687, and 3692) shall be applicable to the provision of educational assistance under this chapter. The term eligible veteran and the term person, as used in those provisions, shall be deemed for the purpose of the application of those provisions to this chapter to refer to a person eligible for educational assistance under this chapter.
(c) Flight Training.— 
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 3680A (b) of title 38) by an individual entitled to educational assistance under this chapter if
(1) such training is generally accepted as necessary for the attainment of a recognized vocational objective in the field of aviation;
(2) the individual possesses a valid private pilot certificate and meets, on the day the member begins a course of flight training, the medical requirements necessary for a commercial pilot certificate; and
(3) 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.
(d) Trust Fund.— 
Amounts for payments for benefits under this chapter shall be derived from the Department of Defense Education Benefits Fund under section 2006 of this title.

TITLE 10 - US CODE - CHAPTER 1608 - HEALTH PROFESSIONS STIPEND PROGRAM

10 USC 16201 - Financial assistance: health-care professionals in reserve components

(a) Establishment of Program.— 
For the purpose of obtaining adequate numbers of commissioned officers in the reserve components who are qualified in health professions, the Secretary of each military department may establish and maintain a program to provide financial assistance under this chapter to persons engaged in training that leads to a degree in medicine or dentistry or training in a health professions specialty that is critically needed in wartime. Under such a program, the Secretary concerned may agree to pay a financial stipend to persons engaged in health care education and training in return for a commitment to subsequent service in the Ready Reserve.
(b) Medical and Dental School Students.— 

(1) Under the stipend program under this chapter, the Secretary of the military department concerned may enter into an agreement with a person who
(A) is eligible to be appointed as an officer in a reserve component;
(B) is enrolled or has been accepted for enrollment in an institution in a course of study that results in a degree in medicine or dentistry;
(C) signs an agreement that, unless sooner separated, the person will
(i) complete the educational phase of the program;
(ii) accept a reappointment or redesignation within the persons reserve component, if tendered, based upon the persons health profession, following satisfactory completion of the educational and intern programs; and
(iii) participate in a residency program; and
(D) if required by regulations prescribed by the Secretary of Defense, agrees to apply for, if eligible, and accept, if offered, residency training in a health profession skill which has been designated by the Secretary of Defense as a critically needed wartime skill.
(2) Under the agreement
(A) the Secretary of the military department concerned shall agree to pay the participant a stipend, in the amount determined under subsection (f), for the period or the remainder of the period that the student is satisfactorily progressing toward a degree in medicine or dentistry while enrolled in an accredited medical or dental school;
(B) the participant shall not be eligible to receive such stipend before appointment, designation, or assignment as an officer for service in the Ready Reserve;
(C) the participant shall be subject to such active duty requirements as may be specified in the agreement and to active duty in time of war or national emergency as provided by law for members of the Ready Reserve; and
(D) the participant shall agree to serve in the Selected Reserve, upon successful completion of the program, for the period of service applicable under paragraph (3).
(3) 
(A) Subject to subparagraph (B), the period for which a participant is required to serve in the Selected Reserve under the agreement pursuant to paragraph (2)(D) shall be one year for each period of six months, or part thereof, for which the participant is provided a stipend pursuant to the agreement.
(B) In the case of a participant who enters into a subsequent agreement under subsection (c) and successfully completes residency training in a specialty designated by the Secretary of Defense as a specialty critically needed by the military department in wartime, the requirement to serve in the Selected Reserve may be reduced to one year for each year, or part thereof, for which the stipend was provided while enrolled in medical or dental school.
(c) Physicians and Dentists in Critical Wartime Specialties.— 

(1) Under the stipend program under this chapter, the Secretary of the military department concerned may enter into an agreement with a person who
(A) is a graduate of a medical school or dental school;
(B) is eligible for appointment, designation, or assignment as a medical officer or dental officer in the Reserve of the armed force concerned or has been appointed as a medical or dental officer in the Reserve of the armed force concerned; and
(C) is enrolled or has been accepted for enrollment in a residency program for physicians or dentists in a medical or dental specialty designated by the Secretary concerned as a specialty critically needed by that military department in wartime.
(2) Under the agreement
(A) the Secretary shall agree to pay the participant a stipend, in an amount determined under subsection (f), for the period or the remainder of the period of the residency program in which the participant enrolls or is enrolled;
(B) the participant shall not be eligible to receive such stipend before appointment, designation, or assignment as a medical officer or dental officer for service in the Ready Reserve;
(C) the participant shall be subject to such active duty requirements as may be specified in the agreement and to active duty in time of war or national emergency as provided by law for members of the Ready Reserve; and
(D) the participant shall agree to serve, upon successful completion of the program, one year in the Ready Reserve for each six months, or part thereof, for which the stipend is provided, to be served in the Selected Reserve or in the Individual Ready Reserve as specified in the agreement.
(d) Registered Nurses in Critical Specialties.— 

(1) Under the stipend program under this chapter, the Secretary of the military department concerned may enter into an agreement with a person who
(A) is a registered nurse;
(B) is eligible for appointment as
(i) a Reserve officer for service in the Army Reserve in the Army Nurse Corps;
(ii) a Reserve officer for service in the Navy Reserve in the Navy Nurse Corps; or
(iii) a Reserve officer for service in the Air Force Reserve with a view to designation as an Air Force nurse under section 8067 (e) of this title; and
(C) is enrolled or has been accepted for enrollment in an accredited program in nursing in a specialty designated by the Secretary concerned as a specialty critically needed by that military department in wartime.
(2) Under the agreement
(A) the Secretary shall agree to pay the participant a stipend, in an amount determined under subsection (f), for the period or the remainder of the period of the nursing program in which the participant enrolls or is enrolled;
(B) the participant shall not be eligible to receive such stipend before being appointed as a Reserve officer for service in the Ready Reserve
(i) in the Nurse Corps of the Army or Navy; or
(ii) as an Air Force nurse of the Air Force;
(C) the participant shall be subject to such active duty requirements as may be specified in the agreement and to active duty in time of war or national emergency as provided by law for members of the Ready Reserve; and
(D) the participant shall agree to serve, upon successful completion of the program, one year in the Ready Reserve for each six months, or part thereof, for which the stipend is provided, to be served in the Selected Reserve or in the Individual Ready Reserve as specified in the agreement.
(e) Baccalaureate Students in Nursing or Other Health Professions.— 

(1) Under the stipend program under this chapter, the Secretary of the military department concerned may enter into an agreement with a person who
(A) will, upon completion of the program, be eligible to be appointed, designated, or assigned as a Reserve officer for duty as a nurse or other health professional; and
(B) is enrolled, or has been accepted for enrollment in the third or fourth year of
(i) an accredited baccalaureate nursing program; or
(ii) any other accredited baccalaureate program leading to a degree in a health-care profession designated by the Secretary concerned as a profession critically needed by that military department in wartime.
(2) Under the agreement
(A) the Secretary shall agree to pay the participant a monthly stipend in an amount not to exceed the stipend rate in effect under section 2121 (d) of this title for the period or the remainder of the period of the baccalaureate program in which the participant enrolls or is enrolled;
(B) the participant shall not be eligible to receive such stipend before enlistment in the Ready Reserve;
(C) the participant shall be subject to such active duty requirements as may be specified in the agreement and to active duty in time of war or national emergency as provided by law for members of the Ready Reserve; and
(D) the participant shall agree to serve, upon graduation from the baccalaureate program, one year in the Ready Reserve for each year, or part thereof, for which the stipend is paid.
(f) Amount of Stipend.— 
The amount of a stipend under an agreement under subsection (b) or (c) shall be
(1) the stipend rate in effect for participants in the Armed Forces Health Professions Scholarship Program under section 2121 (d) of this title, if the participant has agreed to serve in the Selected Reserve; or
(2) one-half of that rate, if the participant has agreed to serve in the Individual Ready Reserve.

10 USC 16202 - Reserve service: required active duty for training

(a) Selected Reserve.— 
A person who is required under an agreement under section 16201 of this title to serve in the Selected Reserve shall serve not less than 12 days of active duty for training each year during the period of service required by the agreement.
(b) IRR Service.— 
A person who is required under an agreement under section 16201 of this title to serve in the Individual Ready Reserve shall serve
(1) not less than 30 days of initial active duty for training; and
(2) not less than five days of active duty for training each year during the period of service required by the agreement.

10 USC 16203 - Penalties and limitations

(a) Failure to Complete Program of Training.— 

(1) A member of the program who, under regulations prescribed by the Secretary of Defense, is dropped from the program for deficiency in training, or for other reasons, shall be required, at the discretion of the Secretary concerned
(A) to perform one year of active duty for each year (or part thereof) for which such person was provided financial assistance under this section; or
(B) to comply with the repayment provisions of section 303a (e) of title 37.
(2) The Secretary of a military department, under regulations prescribed by the Secretary of Defense, may relieve a member participating in the program who is dropped from the program from any requirement that may be imposed under paragraph (1), but such relief shall not relieve him from any military obligation imposed by any other law.
(b) Prohibitions of Duplicate Benefits.— 
Financial assistance may not be provided under this section to a member receiving financial assistance under section 2107 of this title.

10 USC 16204 - Regulations

This chapter shall be administered under regulations prescribed by the Secretary of Defense.

TITLE 10 - US CODE - CHAPTER 1609 - EDUCATION LOAN REPAYMENT PROGRAMS

10 USC 16301 - Education loan repayment program: members of Selected Reserve

(a) 
(1) Subject to the provisions of this section, the Secretary of Defense may repay
(A) any loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.);
(B) any loan made under part D of such title (the William D. Ford Federal Direct Loan Program, 20 U.S.C. 1087a et seq.);
(C) any loan made under part E of such title (20 U.S.C. 1087aa et seq.); or
(D) any loan incurred for educational purposes made by a lender that is
(i) an agency or instrumentality of a State;
(ii) a financial or credit institution (including an insurance company) that is subject to examination and supervision by an agency of the United States or any State;
(iii) a pension fund approved by the Secretary for purposes of this section; or
(iv) a nonprofit">nonprofit private entity designated by a State, regulated by that State, and approved by the Secretary for purposes of this section.

Repayment of any such loan shall be made on the basis of each complete year of service performed by the borrower.

(2) The Secretary of Defense may repay loans described in paragraph (1) in the case of any person for service performed as a member of the Selected Reserve of the Ready Reserve of an armed force in a reserve component and in an officer program or military specialty specified by the Secretary of Defense. The Secretary may repay such a loan only if the person to whom the loan was made performed such service after the loan was made.
(b) The portion or amount of a loan that may be repaid under subsection (a) is 15 percent or $500, whichever is greater, for each year of service, plus the amount of any interest that may accrue during the current year.
(c) If a portion of a loan is repaid under this section for any year, interest on the remainder of the loan shall accrue and be paid in the same manner as is otherwise required. For the purposes of this section, any interest that has accrued on the loan for periods before the current year shall be considered as within the total loan amount that shall be repaid.
(d) Nothing in this section shall be construed to authorize refunding any repayment of a loan.
(e) A person who transfers from service making the person eligible for repayment of loans under this section (as described in subsection (a)(2)) to service making the person eligible for repayment of loans under section 2171 of this title (as described in subsection (a)(2) of that section) during a year shall be eligible to have repaid a portion of such loan determined by giving appropriate fractional credit for each portion of the year so served, in accordance with regulations of the Secretary concerned.
(f) The Secretary of Defense shall, by regulation, prescribe a schedule for the allocation of funds made available to carry out the provisions of this section and section 2171 of this title during any year for which funds are not sufficient to pay the sum of the amounts eligible for repayment under subsection (a) and section 2171 (a) of this title.
(g) The Secretary of Homeland Security may repay loans described in subsection (a)(1) and otherwise administer this section in the case of members of the Selected Reserve of the Coast Guard Reserve when the Coast Guard is not operating as a service in the Navy.

10 USC 16302 - Education loan repayment program: health professions officers serving in Selected Reserve with wartime critical medical skill shortages

(a) Under regulations prescribed by the Secretary of Defense and subject to the other provisions of this section, the Secretary concerned may repay
(1) a loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.);
(2) any loan made under part D of such title (the William D. Ford Federal Direct Loan Program, 20 U.S.C. 1087a et seq.); or
(3) a loan made under part E of such title (20 U.S.C. 1087aa et seq.) after October 1, 1975;
(4) a health professions education loan made or insured under part A of title VII of the Public Health Service Act (42 U.S.C. 292 et seq.) or under part B of title VIII of such Act (42 U.S.C. 297 et seq.); and
(5) a loan made, insured, or guaranteed through a recognized financial or educational institution if that loan was used to finance education regarding a basic professional qualifying degree (as determined under regulations prescribed by the Secretary of Defense) or graduate education in a health profession that the Secretary of Defense determines to be critically needed in order to meet identified wartime combat medical skill shortages.
(b) The Secretary concerned may repay loans described in subsection (a) only in the case of a person who
(1) performs satisfactory service as an officer in the Selected Reserve of an armed force; and
(2) possesses professional qualifications, or is enrolled in a program of education leading to professional qualifications, in a health profession that the Secretary of Defense has determined to be needed critically in order to meet identified wartime combat medical skill shortages.
(c) 
(1) The amount of any repayment of a loan made under this section on behalf of any person shall be determined on the basis of each complete year of service that is described in subsection (b)(1) and performed by the person after the date on which the loan was made.
(2) The annual maximum amount of a loan that may be repaid under this section shall be the same as the maximum amount in effect for the same year under subsection (e)(2) of section 2173 of this title for the education loan repayment program under such section.
(d) The authority provided in this section shall apply only in the case of a person first appointed as a commissioned officer on or before December 31, 2009.

10 USC 16303 - Loan repayment program: chaplains serving in the Selected Reserve

(a) Authority to Repay Education Loans.— 
For purposes of maintaining adequate numbers of chaplains in the Selected Reserve, the Secretary concerned may repay a loan that was obtained by a person who
(1) satisfies the requirements for accessioning and commissioning of chaplains, as prescribed in regulations;
(2) holds, or is fully qualified for, an appointment as a chaplain in a reserve component of an armed force; and
(3) signs a written agreement with the Secretary concerned to serve not less than three years in the Selected Reserve.
(b) Exception for Chaplain Candidate Program.— 
A person accessioned into the Chaplain Candidate Program is not eligible for the repayment of a loan under subsection (a).
(c) Loan Repayment Process; Maximum Amount.— 

(1) Subject to paragraph (2), the repayment of a loan under subsection (a) may consist of the payment of the principal, interest, and related expenses of the loan.
(2) The amount of any repayment of a loan made under subsection (a) on behalf of a person may not exceed $20,000 for each three year period of obligated service that the person agrees to serve in an agreement described in subsection (a)(3). Of such amount, not more than an amount equal to 50 percent of such amount may be paid before the completion by the person of the first year of obligated service pursuant to the agreement. The balance of such amount shall be payable at such time or times as are prescribed in regulations.
(d) Effect of Failure to Complete Obligation.— 
A person on whose behalf a loan is repaid under subsection (a) who fails to commence or complete the period of obligated service specified in the agreement described in subsection (a)(3) shall be subject to the repayment provisions of section 303a (e) of title 37.
(e) Regulations.— 
The Secretary of Defense shall prescribe regulations to carry out this section.

TITLE 10 - US CODE - CHAPTER 1611 - OTHER EDUCATIONAL ASSISTANCE PROGRAMS

10 USC 16401 - Marine Corps Platoon Leaders Class: college tuition assistance program

(a) Authority.— 
The Secretary of the Navy may provide financial assistance to an eligible member of the Marine Corps Reserve for expenses of the member while the member is pursuing on a full-time basis at an institution of higher education a program of education approved by the Secretary that leads to
(1) a baccalaureate degree in less than five academic years; or
(2) a doctor of jurisprudence or bachelor of laws degree in not more than four academic years.
(b) Eligibility.— 

(1) To be eligible for financial assistance under this section, a member of the Marine Corps Reserve must
(A) be a member of the Marine Corps Platoon Leaders Class program and have successfully completed one six-week (or longer) increment of military training required under that program;
(B) be enrolled on a full-time basis in a program of education referred to in subsection (a) at any institution of higher education; and
(C) enter into a written agreement with the Secretary described in paragraph (2).
(2) A written agreement referred to in paragraph (1)(C) is an agreement between the member and the Secretary in which the member agrees
(A) to accept an appointment as a commissioned officer in the Marine Corps, if tendered by the President;
(B) to serve on active duty for at least five years; and
(C) under such terms and conditions as shall be prescribed by the Secretary, to serve in the Marine Corps Reserve until the eighth anniversary of the date of the appointment.
(c) Covered Expenses.— 
Expenses for which financial assistance may be provided under this section are
(1) tuition and fees charged by the institution of higher education involved;
(2) the cost of books; and
(3) in the case of a program of education leading to a baccalaureate degree, laboratory expenses.
(d) Amount.— 
The amount of financial assistance provided to a member under this section shall be prescribed by the Secretary, but may not exceed $5,200 for any academic year.
(e) Limitations.— 

(1) Financial assistance may be provided to a member under this section only for three consecutive academic years.
(2) Not more than 1,200 members may participate in the financial assistance program under this section in any academic year.
(f) Failure To Complete Program.— 

(1) An enlisted member who receives financial assistance under this section may be ordered to active duty in the Marine Corps by the Secretary to serve in an appropriate enlisted grade for such period as the Secretary prescribes, but not for more than four years, and an officer who receives financial assistance under this section shall be subject to the repayment provisions of section 303a (e) of title 37, if the member
(A) completes the military and academic requirements of the Marine Corps Platoon Leaders Class program and refuses to accept an appointment as a commissioned officer in the Marine Corps when offered or, if already a commissioned officer in the Marine Corps, refuses to accept an assignment on active duty when offered;
(B) fails to complete the military or academic requirements of the Marine Corps Platoon Leaders Class program; or
(C) is disenrolled from the Marine Corps Platoon Leaders Class program for failure to maintain eligibility for an original appointment as a commissioned officer under section 532 of this title.
(2) Any requirement to repay any portion of financial assistance received under this section shall be administered under the regulations issued under section 303a (e) of title 37. The Secretary of the Navy may waive the requirements of paragraph (1) in the case of a person who
(A) becomes unqualified to serve on active duty as an officer due to a circumstance not within the control of the person;
(B) is not physically qualified for appointment under section 532 of this title and later is determined by the Secretary of the Navy under section 505 of this title to be unqualified for service as an enlisted member of the Marine Corps due to a physical or medical condition that was not the result of misconduct or grossly negligent conduct; or
(C) fails to complete the military or academic requirements of the Marine Corps Platoon Leaders Class program due to a circumstance not within the control of the person.
(g) Institution of Higher Education Defined.— 
In this section, the term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).