---
kind: "section"
citation: "10 U.S.C. § 16165"
title: "10"
title_heading: "Armed Forces"
number: "16165"
heading: "Termination of assistance"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/16165"
units:
  - "Subtitle E — Reserve Components"
  - "Part IV — Training for Reserve Components and Educational Assistance Programs"
  - "Chapter 1607 — Educational Assistance for Reserve Component Members Supporting Contingency Operations and Certain Other Operations"
---

# §16165. Termination of assistance

- (a) **In General.—** Except as provided in [subsection (b)](#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](/usc/10/2107.md) as a member of the Senior [Reserve](/usc/10/101.md?p=c-6) [Officers](/usc/10/101.md?p=b-1)’ Training Corps program; or
  - (2) when the member separates from the Ready [Reserve](/usc/10/101.md?p=c-6) as provided in [section 16164(a)(1) of this title](/usc/10/16164.md?p=a-1), or upon completion of the period provided for in [section 16164(a)(2) of this title](/usc/10/16164.md?p=a-2), as applicable.
- (b) **Exception.—** Under regulations prescribed by the [Secretary](/usc/10/12521.md?p=4) of Defense, educational assistance may be provided under this chapter to a member of the Selected [Reserve](/usc/10/101.md?p=c-6) of the Ready [Reserve](/usc/10/101.md?p=c-6) who incurs a break in service in the Selected [Reserve](/usc/10/101.md?p=c-6) if the member continues to serve in the Ready [Reserve](/usc/10/101.md?p=c-6) during and after such break in service.

## Source credit

(Added Pub. L. 108–375, div. A, title V, § 527(a), Oct. 28, 2004, 118 Stat. 1893; amended Pub. L. 109–163, div. A, title V, § 540(b), Jan. 6, 2006, 119 Stat. 3251; Pub. L. 110–181, div. A, title V, § 530(a)(2), (b), Jan. 28, 2008, 122 Stat. 110.)

## Notes

### Editorial Notes

### Amendments

2008—Subsec. (a)(2). Pub. L. 110–181, § 530(a)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “when the member separates from the Ready Reserve, as provided for under section 16164(a)(1) or section 16164(a)(2), as applicable, of this title.”

Subsec. (b). Pub. L. 110–181, § 530(b), struck out “of not more than 90 days” after “in the Selected Reserve”.

2006—Pub. L. 109–163 designated existing provisions as subsec. (a), inserted heading, substituted “Except as provided in subsection (b), educational assistance” for “Educational assistance”, and added subsec. (b).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2008 Amendment

Amendment by Pub. L. 110–181 effective as of Oct. 28, 2004, as if included in the enactment of Pub. L. 108–375 to which such amendment related, see section 530(c) of Pub. L. 110–181, set out as a note under section 16164 of this title.