
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC16135]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
  PART IV--TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL ASSISTANCE 
                                PROGRAMS
 
CHAPTER 1606--EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE
 
Sec. 16135. 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, and during which the member 
has received such assistance, 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 
    16132 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 the person has 
    remaining under the agreement entered into under section 16131(a) of 
    this title 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.

(Added Pub. L. 95-79, title IV, Sec. 402(a), July 30, 1977, 91 Stat. 
330, Sec. 2135; amended Pub. L. 95-485, title IV, Sec. 402(b), Oct. 20, 
1978, 92 Stat. 1613; Pub. L. 96-342, title IX, Sec. 906(b), Sept. 8, 
1980, 94 Stat. 1117; Pub. L. 98-525, title VII, Sec. 705(a)(1), Oct. 19, 
1984, 98 Stat. 2566; Pub. L. 100-689, title I, Sec. 111(b)(6), Nov. 18, 
1988, 102 Stat. 4173; renumbered Sec. 16135 and amended Pub. L. 103-337, 
div. A, title XVI, Sec. 1663(b)(2), (6), Oct. 5, 1994, 108 Stat. 3006, 
3007; Pub. L. 104-106, div. A, title XV, Sec. 1501(b)(35), Feb. 10, 
1996, 110 Stat. 498.)


                               Amendments

    1996--Subsec. (b)(1)(A). Pub. L. 104-106 substituted ``16131(a)'' 
for ``2131(a)''.
    1994--Pub. L. 103-337, Sec. 1663(b)(2), renumbered section 2135 of 
this title as this section.
    Subsec. (a)(1)(A). Pub. L. 103-337, Sec. 1663(b)(6)(A), substituted 
``16132'' for ``2132''.
    Subsec. (b)(1)(A). Pub. L. 103-337, Sec. 1663(b)(6)(B), which 
directed substitution of ``section 16132(a)'' for ``section 2132(a)'', 
could not be executed because ``section 2132(a)'' does not appear in 
subsec. (b)(1)(A).
    1988--Subsec. (a)(1). Pub. L. 100-689, Sec. 111(b)(6)(A), inserted 
``, and during which the member has received such assistance,'' after 
``chapter''.
    Subsec. (b)(1)(A). Pub. L. 100-689, Sec. 111(b)(6)(B), added subpar. 
(A) and struck out former subpar. (A) which read as follows: ``the 
number of months of obligated service remaining under the agreement 
entered into under section 2132(a)(3) divided by the original number of 
months of such obligation; and''.
    1984--Pub. L. 98-525 amended section generally, substituting 
provisions relating to the failure to participate satisfactorily and 
penalties for provisions which had designated Sept. 30, 1985, as the 
termination date for enlistments qualifying for educational assistance.
    1980--Pub. L. 96-342 substituted ``1985'' for ``1980''.
    1978--Pub. L. 95-485 substituted ``1980'' for ``1978''.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-106 effective as if included in the Reserve 
Officer Personnel Management Act, title XVI of Pub. L. 103-337, as 
enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104-106, set 
out as a note under section 113 of this title.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as 
otherwise provided, see section 1691 of Pub. L. 103-337, set out as an 
Effective Date note under section 10001 of this title.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-525 effective July 1, 1985, applicable only 
to members of the Armed Forces who qualify for educational assistance 
under this chapter on or after such date, see section 705(b) of Pub. L. 
98-525, set out as a note under section 16131 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 16132 of this title; title 38 
section 3485.
