(b) A period of time spent in military intern or residency training shall not be creditable in satisfying an active duty obligation imposed by this section.

(c) A member of the program who, under regulations prescribed by the Secretary of Defense, is dropped from the program for deficiency in conduct or studies, or for other reasons, may be required to perform active duty in an appropriate military capacity in accordance with the active duty obligation imposed by this section.

(d) The Secretary of a military department, under regulations prescribed by the Secretary of Defense, may relieve a member of the program who is dropped from the program from an active duty obligation imposed by this section, but such relief shall not relieve him from any military obligation imposed by any other law.

(e) Any member of the program am relieved of his active duty obligation under this chapter before the completion of such obligation may, under regulations prescribed by the Secretary of Defense, be assigned to an area of health manpower shortage designated by the Secretary of Health and Human Services for a period equal to the period of obligation from which he was relieved.

(Added Pub. L. 92-426, § 2(a), Sept. 21, 1972, 86 Stat. 718, and amended Pub. L. 96-513, title V, § 511(67), Dec. 12, 1980, 94 Stat. 2926.)

§ 2124. Members of the program: numbers appointed

The number of persons who may be designated as members of the program for training in each health profession shall be as prescribed by the Secretary of Defense, except that the total number of persons so designated in all of the programs authorized by this chapter shall not, at any time, exceed 5,000.

(Added Pub. L. 92-426, § 2(a), Sept. 21, 1972, 86 Stat. 718.)

§ 2125. Members of the program: exclusion from authorized

strengths

Notwithstanding any other provision of law, members of the program shall not be counted against any prescribed military strengths.

(Added Pub. L. 92-426, § 2(a), Sept. 21, 1972, 86 Stat. 718.) § 2126. Members of the program: service credit

Service performed while a member of the program shall not be counted

(1) in determining eligibility for retirement other than by reason of a physical disability incurred while on active duty as a member of the program; or

(2) in computing years of service creditable under section 205 of title 37.

(Added Pub. L. 92-426, § 2(a), Sept. 21, 1972, 86 Stat. 718, and amended Pub. L. 96-513, title V, § 501(22), Dec. 12, 1980, 94 Stat. § 2127. Contracts for scholarships: payments

(a) The Secretary of Defense may provide for the payment of all educational expenses incurred by a member of the program, including tuition, fees, books, and laboratory expenses. Such payments, however, shall be limited to those educational expenses normally incurred by students at the institution and in the health profession concerned who are not members of the program.

(b) The Secretary of Defense may contract with an accredited civilian educational institution for the payment of tuition and other educational expenses of members of the program authorized by this chapter. Payment to such institutions may be made without regard to section 3324(a) and (b) of title 31.

(c) Payments made under subsection (b) shall not cover any expenses other than those covered by subsection (a).

(d) When the Secretary of Defense determines, under regulations prescribed by the Secretary of Health and Human Services, that an accredited civilian educational institution has increased its total enrollment for the sole purpose of accepting members of the program covered by this chapter, he may provide under a contract with such an institution for additional payments to cover the portion of the increased costs of the additional enrollment which are not covered by the institution's normal tuition and fees.

(Added Pub. L. 92-426, § 2(a), Sept. 21, 1972, 86 Stat. 718, and amended Pub. L. 96-513, title V, § 511(67), Dec. 12, 1980, 94 Stat. 2926; Pub. L. 97-258, § 3(b)(3), Sept. 13, 1982, 96 Stat. 1063.)

CHAPTER 106-EDUCATIONAL ASSISTANCE FOR ENLISTED MEMBERS OF THE SELECTED RESERVE OF THE READY RESERVE

Sec.

2131.

2132.

2133.

2134.

2135.

Educational assistance program: establishment; amount.

Eligibility for educational assistance.
Termination of assistance; refund by member.

Reports to Congress.

Termination of program.

§ 2131. Educational assistance program: establishment; amount (a) To encourage enlistments in units of the Selected Reserve of the Ready Reserve, the Secretary of each military department, under regulations prescribed by the Secretary of Defense, and the Secretary of Transportation, under regulations prescribed by him with respect to the Coast Guard when it is not operating as a service in the Navy, may establish and maintain a program to provide educational assistance to enlisted members of the Selected Reserve of the Ready Reserve of the armed forces under his jurisdiction.

(b)(1) An educational assistance program established under subsection (a) shall provide for payment by the Secretary concerned of 100 percent of the educational expenses incurred by a member for instruction at an accredited institution. Expenses for which payment may be made under this section include tuition, fees, books, laboratory fees, and shop fees for consumable materials used as part of classroom or shop instruction. Payments under this section shall be limited to those educational expenses normally incurred by students at the institution involved.

(2) To receive assistance under this section, a member must be eligible for such assistance under section 2132 of this title and must submit an application for such assistance in such form and manner as the Secretary concerned shall prescribe and be approved for such assistance by the Secretary concerned.

(c) Educational assistance may be provided to a member under this section until the member completes a course of instruction required for the award of a baccalaureate degree, or the equivalent evidence of completion of study, by an accredited institution, but the amount of educational assistance provided a member under this section may not exceed $1,000 in any twelve-month period, nor a total of $4,000.

(d) For purposes of this section, the term "accredited institution" means a civilian college, university, or trade, technical, or vocational school in the United States (including the District of Columbia, Puerto Rico, Guam, and the Virgin Islands) that provides education at the postsecondary level and that is accredited by a nationally recognized accrediting agency or association or by an accrediting agency or association recognized by the Secretary of Education.

(Added Pub. L. 95-79, title IV, § 402(a), July 30, 1977, 91 Stat. 328, and amended Pub. L. 96-107, title IV, § 402(a), Nov. 9, 1979, 93 Stat. 808; Pub. L. 96-342, title IX, § 906(a)(1), Sept. 8, 1980, 94 Stat. 1117; Pub. L. 96-513, title V, § 511(68), Dec. 12, 1980, 94 Stat. 2926.)

§ 2132. Eligibility for educational assistance

(a) To be eligible for educational assistance under section 2131 of this title, a member must not be serving on active duty for more than thirty days and must

(1) be an enlisted member of the Selected Reserve of the Ready Reserve of an armed force;

(2) have initially enlisted as a Reserve for service in a unit of the Selected Reserve of a reserve component after September 30, 1977;

(3) never have served in an armed force before such enlistment;

(4) at the time of such enlistment have executed an agree ment as prescribed by subsection (b);

(5) be a graduate from secondary school;

(6) have completed the initial period of active duty for training required of such member;

(7) if the member is assigned to a unit, be participating satisfactorily in training with such unit; and

(8) have served less than eight years as a Reserve.

(b)(1) An agreement referred to in subsection (a)(4) shall be in writing and shall provide that if the member accepts educational assistance under section 2131 of this title, the period of enlistment of such member shall be not less than six years and if the member is discharged for the purpose of accepting an appointment as an officer, the member shall remain a member of the Ready Reserve until the last day of the term of such enlistment.

(2) A member who enlists after September 30, 1977, but before regulations to carry out this chapter are promulgated shall be eligible for educational assistance under section 2131 of this title if he is otherwise eligible for such assistance under subsection (a) and if he executes an agreement as described in paragraph (1) not later than one year after the date on which regulations to carry out this chapter are first promulgated.

(c) Educational assistance being provided a member under section 2131 of this title may be continued to a member who otherwise continues to qualify for such assistance if such member

(1) is discharged in order to accept an immediate appointment as an officer in the Ready Reserve; or

(2) is no longer a member of the Selected Reserve, if such member is a member of the Ready Reserve and has served at least six years in the Selected Reserve of the Ready Reserve.

(Added Pub. L. 95-79, title IV, § 402(a), July 30, 1977, 91 Stat. 329, and amended Pub. L. 95-485, title IV, § 402(a), Oct. 20, 1978, 92 Stat. 1613; Pub. L. 96-513, title V, § 511(69), Dec. 12, 1980, 94 Stat. § 2133. Termination of assistance; refund by member

(a) Educational assistance being provided a member under section 2131 of this title shall be terminated if

(1) the member fails to participate satisfactorily in training with his unit, if he is a member of a unit;

(2) the member is separated from his armed force, unless he is separated in order to accept an immediate appointment as an officer in the Ready Reserve;

(3) the member completes eight years of service; or

(4) the member receives financial assistance under section 2107 of this title as a member of the Senior Reserve Officers' Training Corps.

(b)(1) A member who fails to participate satisfactorily in training with his unit, if he is a member of a unit, during a term of enlistment for which the member entered into an agreement under section 2132(a)(4) of this title shall refund an amount computed under paragraph (2) unless the failure to participate in training was due to reasons beyond the control of the member. Any refund by a member under this section shall not affect the period of obligation of such member to serve as a Reserve.

(2) The amount of any refund under paragraph (1) shall be the amount equal to the product of

(A) the number of months of obligated service remaining during that term of enlistment divided by the total number of months of obligated service of that term of enlistment; and

(B) the total amount of educational assistance provided to the member under section 2131 of this title.

(Added Pub. L. 95-79, title IV, § 402(a), July 30, 1977, 91 Stat. 329, and amended Pub. L. 96-107, title IV, § 402(b), Nov. 9, 1979, 93 Stat. 808; Pub. L. 96-513, title V, § 511(70), Dec. 12, 1980, 94 Stat. 2926.)

§ 2134. Reports to Congress

The Secretary of Defense shall submit a report to the Congress every three months stating the number of members of the Selected Reserve of the Ready Reserve receiving educational assistance under this chapter at the time of such report and listing each unit of the Selected Reserve of the Ready Reserve to which any such member is assigned at the time of such report.

(Added Pub. L. 95-79, title IV, § 402(a), July 30, 1977, 91 Stat. 330, and amended Pub. L. 98-94, title XII, § 1268(14), Sept. 24, 1983, 97 Stat. 707.)

§ 2135. Termination of program

No educational assistance may be provided under this chapter to any person enlisting as a Reserve after September 30, 1985.

(Added Pub. L. 95-79, title IV, § 402(a), July 30, 1977, 91 Stat. 330, and amended Pub. L. 95-485, title IV, § 402(b), Oct. 20, 1978, 92 Stat. 1613; Pub. L. 96-342, title IX, § 906(b), Sept. 8, 1980, 94 Stat.