US Code

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

10 U.S.C. § 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)
section 16132 of this title be ordered to active duty for a period of two years or the period of obligated service the person has remaining under , whichever is less; or
(2)
be subject to the repayment provisions under section 303a(e) or 373 of title 37.
(b)

Effect of Repayment .—

Any repayment under section 303a(e) or 373 of title 37 shall not affect the period of obligation of a member to serve as a Reserve in the Selected Reserve.

Pub. L. 95–79, title IV, § 402(a)91 Stat. 330Pub. L. 95–485, title IV, § 402(b)92 Stat. 1613Pub. L. 96–342, title IX, § 906(b)94 Stat. 1117Pub. L. 98–525, title VII, § 705(a)(1)98 Stat. 2566Pub. L. 100–689, title I, § 111(b)(6)102 Stat. 4173Pub. L. 103–337, div. A, title XVI, § 1663(b)(2)108 Stat. 3006Pub. L. 104–106, div. A, title XV, § 1501(b)(35)110 Stat. 498Pub. L. 107–314, div. A, title VI, § 642116 Stat. 2577Pub. L. 109–163, div. A, title VI, § 687(c)(12)119 Stat. 3335Pub. L. 115–91, div. A, title VI, § 618(a)(1)(N)131 Stat. 1426(Added , , , § 2135; amended , , ; , , ; , , ; , , ; renumbered § 16135 and amended , (6), , , 3007; , , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 115–912017—Subsecs. (a)(2), (b). inserted “or 373” before “of title 37”.

Pub. L. 109–1632006— reenacted section catchline without change and amended text generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to penalties for failure of a member of the Selected Reserve of the Ready Reserve of an armed force to participate satisfactorily in required training.

Pub. L. 107–3142002—Subsec. (c). added subsec. (c).

Pub. L. 104–1061996—Subsec. (b)(1)(A). substituted “16131(a)” for “2131(a)”.

Pub. L. 103–337, § 1663(b)(2)section 2135 of this title1994—, renumbered as this section.

Pub. L. 103–337, § 1663(b)(6)(A)Subsec. (a)(1)(A). , substituted “16132” for “2132”.

Pub. L. 103–337, § 1663(b)(6)(B)Subsec. (b)(1)(A). , 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).

Pub. L. 100–689, § 111(b)(6)(A)1988—Subsec. (a)(1). , inserted “, and during which the member has received such assistance,” after “chapter”.

Pub. L. 100–689, § 111(b)(6)(B)Subsec. (b)(1)(A). , 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”.

Pub. L. 98–5251984— amended section generally, substituting provisions relating to the failure to participate satisfactorily and penalties for provisions which had designated , as the termination date for enlistments qualifying for educational assistance.

Pub. L. 96–3421980— substituted “1985” for “1980”.

Pub. L. 95–4851978— substituted “1980” for “1978”.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

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

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 .

Savings Provision

section 687(c) of Pub. L. 109–163section 687(f) of Pub. L. 109–163section 510 of this titleFor savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before , under a provision of this section amended by , see , set out as a note under .