Public Law 119-73 (01/23/2026)

10 U.S.C. § 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 person’s 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 individual’s own willful misconduct incurred on or after the date on which such person became entitled to educational assistance under this chapter; or
(B)
section 10143(a) of this title 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 , and ending on , or the period beginning on , and ending on , by reason of the inactivation of the person’s unit of assignment or by reason of involuntarily ceasing to be designated as a member of the Selected Reserve pursuant to ,
the period for using entitlement prescribed by subsection (a) shall be determined without regard to clause (2) of such subsection.
(2)
section 3031(f) of title 38 The provisions of shall apply to the period of entitlement prescribed by subsection (a).
(3)
section 3031(d) of title 38 The provisions of 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, 12304, 12304a, or 12304b 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.
(5)
In any case in which the Secretary concerned determines that a person entitled to educational assistance under this chapter has been prevented from using such person’s entitlement due to an emergency situation, the Secretary concerned shall extend the period of entitlement prescribed in subsection (a) for a period equal to the number of months that the person was so prevented from using such entitlement, as determined by the Secretary.
(c)
section 3601 of title 38 In this section, the term “emergency situation” has the meaning given such term in .

Pub. L. 95–79, title IV, § 402(a)91 Stat. 329Pub. L. 96–107, title IV, § 402(b)93 Stat. 808Pub. L. 96–513, title V, § 511(70)94 Stat. 2926Pub. L. 98–525, title VII, § 705(a)(1)98 Stat. 2566Pub. L. 100–456, div. A, title XII, § 1233(g)(2)102 Stat. 2058Pub. L. 100–689, title I, § 111(b)(5)102 Stat. 4173Pub. L. 102–127, § 3105 Stat. 622Pub. L. 102–484, div. D, title XLIV, § 4419(a)106 Stat. 2717Pub. L. 102–568, title III, § 320(a)(2)106 Stat. 4335Pub. L. 103–160, div. A, title V, § 561(m)107 Stat. 1668Pub. L. 103–337, div. A, title XVI, § 1663(b)(2)108 Stat. 3006Pub. L. 105–85, div. A, title V, § 553(b)111 Stat. 1748Pub. L. 105–261, div. A, title V, § 561(q)112 Stat. 2027Pub. L. 106–398, § 1 [[div. A]114 Stat. 1654Pub. L. 107–314, div. A, title VI, § 641(a)116 Stat. 2576Pub. L. 110–181, div. A, title V, § 529122 Stat. 110Pub. L. 110–252, title V, § 5006(d)122 Stat. 2386Pub. L. 114–315, title IV, § 416(b)130 Stat. 1565Pub. L. 117–333, § 3(d)136 Stat. 6127(Added , , , § 2133; amended , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; renumbered § 16133 and amended , (5), , , 3007; , , ; , , ; , title V, § 571(p)], , , 1654A–135; , , ; , , ; , , ; , , ; , (e)(4), , , 6128.)

Editorial Notes

Amendments

Pub. L. 117–333, § 3(d)2023—Subsec. (b)(5). , added par. (5).

Pub. L. 117–333, § 3(e)(4)Subsec. (c). , added subsec. (c).

Pub. L. 114–3152016—Subsec. (b)(4). substituted “12304, 12304a, or 12304b” for “or 12304” in introductory provisions.

Pub. L. 110–2522008—Subsec. (a). substituted “on the date the person is separated from the Selected Reserve.” for “(1) at the end of the 14-year period beginning on the date on which such person becomes entitled to such assistance, or (2) on the date the person is separated from the Selected Reserve, whichever occurs first.”

Pub. L. 110–181Subsec. (b)(1)(B). inserted “or the period beginning on , and ending on ,” after “,”.

Pub. L. 107–3142002—Subsec. (a)(1). substituted “14-year” for “10-year”.

Pub. L. 106–3982000—Subsec. (b)(1)(B). substituted “” for “”.

Pub. L. 105–2611998—Subsec. (b)(1)(B). substituted “” for “”.

Pub. L. 105–85section 101(33) of title 381997—Subsec. (b)(4). struck out “(A)” before “In the case of”, redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively, struck out “, during the Persian Gulf War,” after “Ready Reserve who”, and struck out former subpar. (B) which read as follows: “For the purposes of this paragraph, the term ‘Persian Gulf War’ shall have the meaning given such term in .”

Pub. L. 103–337, § 1663(b)(2)section 2133 of this title1994—, renumbered as this section.

Pub. L. 103–337, § 1663(b)(5)(A)Subsec. (b)(1)(B). , substituted “10143(a)” for “268(b)”.

Pub. L. 103–337, § 1663(b)(5)(B)Subsec. (b)(4)(A). , substituted “12301(a), 12301(d), 12301(g), 12302, or 12304” for “672(a), (d), or (g), 673, or 673b”.

Pub. L. 103–1601993—Subsec. (b)(1)(B). substituted “” for “”.

Pub. L. 102–4841992—Subsec. (b)(1). amended par. (1) generally. Prior to amendment, par. (1) read as follows: “In the case of a person separated from the Selected Reserve because of a disability which was not the result of the individual’s own willful misconduct incurred on or after the date on which such person became entitled to educational assistance under this chapter, the period for using entitlement prescribed by subsection (a) shall be determined without regard to clause (2) of such subsection.”

Pub. L. 102–568section 3031(f) of title 38section 1431(f) of title 38section 3031(d) of title 38section 1431(d) of title 38Subsec. (b)(2), (3). substituted “” for “” in par. (2) and “” for “” in par. (3).

Pub. L. 102–1271991—Subsec. (b)(4). added par. (4).

Pub. L. 100–689, § 111(b)(5)(A)1988—Subsec. (a). , substituted “chapter” for “section”.

Pub. L. 100–689, § 111(b)(5)(B)Pub. L. 100–456Subsec. (b). , added par. (1), redesignated existing pars. (1) and (2) as (2) and (3), respectively, and directed the substitution of “1431(f)” for “1431(e)” in par. (2) as redesignated, which could not be executed because such substitution was previously made by , prior to redesignation of par. (1) as (2), see below.

Pub. L. 100–456 substituted “section 1431(f)” for “section 1431(e)” in par. (1).

Pub. L. 98–525section 2134 of this title1984— amended section generally, substituting provisions setting a time limit for the use of educational entitlement for provisions covering the termination of assistance and refund by members. See .

Pub. L. 96–5131980—Subsec. (a). inserted “of this title” after “2131” and “2107”.

Pub. L. 96–1071979—Subsec. (b). redesignated existing provisions as par. (1), inserted provisions respecting agreement for term of enlistment, substituted provisions relating to computation under par. (2) for provisions relating to computation under section 2131, and added par. (2).

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Pub. L. 107–314, div. A, title VI, § 641(b)116 Stat. 2577

“The amendment made by subsection (a) [amending this section] shall take effect on , and shall apply with respect to periods of entitlement to educational assistance under chapter 1606 of title 10, United States Code, that begin on or after .”
, , , provided that:

Effective Date of 1994 Amendment

Pub. L. 103–337section 1691 of Pub. L. 103–337section 10001 of this titleAmendment by effective , except as otherwise provided, see , set out as an Effective Date note under .

Effective Date of 1984 Amendment

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

Effective Date of 1980 Amendment

Pub. L. 96–513section 701(b)(3) of Pub. L. 96–513section 101 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1979 Amendment

Pub. L. 96–107section 402(c) of Pub. L. 96–107section 16131 of this titleAmendment by applicable only to individuals enlisting in the Reserves after , see , set out as a note under .

Extension of Time Limitations for Use of Entitlement: Educational Assistance for Members of the Selected Reserve

Pub. L. 116–140, § 6(d)134 Stat. 634Pub. L. 117–333, § 3(f)136 Stat. 6128, , , which provided for a temporary extension to use entitled educational assistance, was repealed by , , . See subsec. (b)(5) of this section.