10 U.S.C. § 2007

Current through P.L. 118-64 (published on www.congress.gov on 05/24/2024), except for [P. L. 118-63]

Section 2007 - Payment of tuition for off-duty training or education

(a) Subject to subsections (b) and (c), the Secretary concerned may pay all or a portion of the charges of an educational institution for the tuition or expenses of a member of the armed forces enrolled in such educational institution for education or training during the member's off-duty periods.

(b)

(1) In the case of a commissioned officer on active duty (other than a member of the Ready Reserve), the Secretary concerned may not pay charges under subsection (a) unless the officer agrees to remain on active duty for a period of at least two years after the completion of the training or education for which the charges are paid.

(2) Notwithstanding paragraph (1), the Secretary concerned may reduce or waive the active duty service obligation-

(A) in the case of a commissioned officer who is subject to mandatory separation;

(B) in the case of a commissioned officer who has completed the period of active duty service for which the officer was ordered to active duty in support of a contingency operation; or

(C) in other exigent circumstances as determined by the Secretary concerned.

(c)

(1) Subject to paragraphs (3) and (5), the Secretary concerned may pay the charges of an educational institution for the tuition or expenses described in subsection (a) of a member of the Selected Reserve.

(2) Subject to paragraphs (4) and (5), the Secretary concerned may pay the charges of an educational institution for the tuition or expenses described in subsection (a) of a member of the Individual Ready Reserve who has a military occupational specialty designated by the Secretary concerned for purposes of this subsection.

(3) The Secretary concerned may not pay charges under paragraph (1) for tuition or expenses of an officer of the Selected Reserve unless the officer enters into an agreement to remain a member of the Selected Reserve for at least 4 years after completion of the education or training for which the charges are paid.

(4) The Secretary concerned may not pay charges under paragraph (2) for tuition or expenses of an officer of the Individual Ready Reserve unless the officer enters into an agreement to remain in the Selected Reserve or Individual Ready Reserve for at least 4 years after completion of the education or training for which the charges are paid.

(5) The Secretary of a military department may require an enlisted member of the Selected Reserve or Individual Ready Reserve to enter into an agreement to serve for up to 4 years in the Selected Reserve or Individual Ready Reserve, as the case may be, after completion of the education or training for which tuition or expenses are paid under paragraph (1) or (2), as applicable.

(d)

(1) A member of the armed forces who is entitled to basic educational assistance under chapter 30 of title 38 or chapter 1606 of this title may use such entitlement for purposes of paying any portion of the charges described in subsection (a) or (c) that are not paid for by the Secretary of the military department concerned under such subsection.

(2) The use of entitlement under paragraph (1) shall be governed by the provisions of section 3014(b) of title 38, in the case of educational assistance under chapter 30 of such title, and section 16131(k), in the case of educational assistance under chapter 1606 of this title.

(e)

(1) If an officer who enters into an agreement under subsection (b) does not complete the period of active duty specified in the agreement, the officer shall be subject to the repayment provisions of section 303a(e) or 373 of title 37.

(2) If a member of the Ready Reserve who enters into an agreement under subsection (c) does not complete the period of service specified in the agreement, the member shall be subject to the repayment provisions of section 303a(e) or 373 of title 37.

(f) This section shall be administered under regulations prescribed by the Secretary of Defense or, with respect to the Coast Guard when it is not operating as a service in the Navy, the Secretary of Homeland Security.

(g) The provisions of this section pertaining to members of the Ready Reserve, the Selected Reserve, or the Individual Ready Reserve also apply to members of the Space Force in a space force active status who are not on active duty.

10 U.S.C. § 2007

Added Pub. L. 98-525, title XIV, §1401(g)(1), Oct. 19, 1984, 98 Stat. 2618; amended Pub. L. 99-661, div. A, title VI, §651(a), Nov. 14, 1986, 100 Stat. 3887; Pub. L. 100-26, §3(4), Apr. 21, 1987, 101 Stat. 273; Pub. L. 101-510, div. A, title XIV, §1484(i)(4)(A), Nov. 5, 1990, 104 Stat. 1718; Pub. L. 103-160, div. A, title VI, §632, Nov. 30, 1993, 107 Stat. 1684; Pub. L. 106-65, div. A, title VI, §675, Oct. 5, 1999, 113 Stat. 675; Pub. L. 106-398, §1 [[div. A], title XVI, §1602(a), (b)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A-358, 1654A-359; Pub. L. 108-375, div. A, title V, §553(a), (b), Oct. 28, 2004, 118 Stat. 1912; Pub. L. 109-163, div. A, title VI, §687(c)(3), Jan. 6, 2006, 119 Stat. 3334; Pub. L. 110-181, div. A, title V, §521(a)-(d), Jan. 28, 2008, 122 Stat. 100-102; Pub. L. 115-91, div. A, title VI, §618(a)(1)(C), Dec. 12, 2017, 131 Stat. 1426; Pub. L. 117-81, div. A, title V, §559(b), Dec. 27, 2021, 135 Stat. 1742; Pub. L. 118-31, div. A, title XVII, §1722(l)(1), Dec. 22, 2023, 137 Stat. 673.

EDITORIAL NOTES

PRIOR PROVISIONSProvisions similar to those in this section were contained in the following appropriation acts: Pub. L. 98-473, title I, §101(h) [title VIII, §8017], Oct. 12, 1984, 98 Stat. 1904, 1926.Pub. L. 98-212, title VII, §720, Dec. 8, 1983, 97 Stat. 1441. Pub. L. 97-377, title I, §101(c) [title VII, §721], Dec. 21, 1982, 96 Stat. 1833, 1854. Pub. L. 97-114, title VII, §721, Dec. 29, 1981, 95 Stat. 1582.Pub. L. 96-527, title VII, §722, Dec. 15, 1980, 94 Stat. 3084.Pub. L. 96-154, title VII, §722, Dec. 21, 1979, 93 Stat. 1156. Pub. L. 95-457, title VIII, §822, Oct. 13, 1978, 92 Stat. 1247.Pub. L. 95-111, title VIII, §821, Sept. 21, 1977, 91 Stat. 903.Pub. L. 94-419, title VII, §721, Sept. 22, 1976, 90 Stat. 1295.Pub. L. 94-212, title VII, §721, Feb. 9, 1976, 90 Stat. 172.Pub. L. 93-437, title VIII, §821, Oct. 8, 1974, 88 Stat. 1228.Pub. L. 93-238, title VII, §722, Jan. 2, 1974, 87 Stat. 1042.Pub. L. 92-570, title VII, §722, Oct. 26, 1972, 86 Stat. 1200.Pub. L. 92-204, title VII, §722, Dec. 18, 1971, 85 Stat. 731. Pub. L. 91-668, title VIII, §822, Jan. 11, 1971, 84 Stat. 2034.Pub. L. 91-171, title VI, §622, Dec. 29, 1969, 83 Stat. 483.Pub. L. 90-580, title V, §521, Oct. 17, 1968, 82 Stat. 1133.Pub. L. 90-96, title VI, §621, Sept. 29, 1967, 81 Stat. 246.Pub. L. 89-687, title VI, §621, Oct. 15, 1966, 80 Stat. 995.Pub. L. 89-213, title VI, §621, Sept. 29, 1965, 79 Stat. 877.Pub. L. 88-446, title V, §521, Aug. 19, 1964, 78 Stat. 478.Pub. L. 88-149, title V, §521, Oct. 17, 1963, 77 Stat. 267.Pub. L. 87-577, title V, §521, Aug. 9, 1962, 76 Stat. 332.Pub. L. 87-144, title VI, §621, Aug. 17, 1961, 75 Stat. 379. Pub. L. 86-601, title V, §521, July 7, 1960, 74 Stat. 353.Pub. L. 86-166, title V, §621, Aug. 18, 1959, 73 Stat. 382.Pub. L. 85-724, title VI, §623, Aug. 22, 1958, 72 Stat. 727.Pub. L. 85-117, title VI, §624, Aug. 2, 1957, 71 Stat. 327.July 2, 1956, ch. 488, title VI, §624, 70 Stat. 471.July 13, 1955, ch. 358, title VI, §628, 69 Stat. 320.June 30, 1954, ch. 432, title VII, §730, 68 Stat. 355.

AMENDMENTS2023-Subsec. (g). Pub. L. 118-31 added subsec. (g). 2021-Subsec. (d)(1). Pub. L. 117-81, §559(b)(1), inserted "or chapter 1606 of this title" after "of title 38". Subsec. (d)(2). Pub. L. 117-81, §559(b)(2), inserted before period at end ", in the case of educational assistance under chapter 30 of such title, and section 16131(k), in the case of educational assistance under chapter 1606 of this title".2017-Subsec. (e). Pub. L. 115-91 inserted "or 373" before "of title 37" in pars. (1) and (2). 2008-Subsec. (a). Pub. L. 110-181, §521(a), substituted "Subject to subsections (b) and (c), the Secretary concerned" for "Subject to subsection (b), the Secretary of a military department". Subsec. (b)(1). Pub. L. 110-181, §521(b)(1), struck out "or full-time National Guard duty" after "active duty" in two places, inserted "(other than a member of the Ready Reserve)" after "commissioned officer on active duty", and substituted "the Secretary concerned" for "the Secretary of the military department". Subsec. (b)(2). Pub. L. 110-181, §521(b)(2)(A), substituted "the Secretary concerned" for "the Secretary of the military department" in introductory provisions.Subsec. (b)(2)(B). Pub. L. 110-181, §521(b)(2)(B), inserted "for which the officer was ordered to active duty" after "active duty service".Subsec. (b)(2)(C). Pub. L. 110-181, §521(b)(2)(C), substituted "Secretary concerned" for "Secretary".Subsec. (c). Pub. L. 110-181, §521(c)(1), amended subsec. (c) generally. Prior to amendment, subsec. (c) consisted of pars. (1) to (3) which authorized Secretary of the Army, subject to certain limitations, to pay the charges of an educational institution for the tuition or expenses of an officer in the Selected Reserve of the Army National Guard or the Army Reserve for education or training of such officer. Subsec. (d). Pub. L. 110-181, §521(c)(2), redesignated subsec. (e) as (d) and struck out former subsec. (d) which read as follows: "Subsection (c)(3) may not be construed to prohibit the Secretary of a military department from exercising any authority that the Secretary may have to pay charges of an educational institution in the case of-"(1) a warrant officer on active duty or full-time National Guard duty;"(2) a commissioned officer on full-time National Guard duty; or "(3) a commissioned officer on active duty who satisfies the condition in subsection (b) relating to an agreement to remain on active duty." Subsec. (e). Pub. L. 110-181, §521(c)(3), designated existing provisions as par. (1) and added par. (2). Pub. L. 110-181, §521(c)(2)(B), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).Subsec. (f). Pub. L. 110-181, §521(d), added subsec. (f). Pub. L. 110-181, §521(c)(2)(B), redesignated subsec. (f) as (e).2006-Subsec. (f). Pub. L. 109-163 added subsec. (f). 2004-Subsec. (b). Pub. L. 108-375, §553(a), designated existing provisions as par. (1), inserted "or full-time National Guard duty" after "active duty" in two places, and added par. (2). Subsec. (c)(1). Pub. L. 108-375, §553(b), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "Subject to paragraphs (2) and (3), the Secretary of the Army may pay not more than 75 percent of the charges of an educational institution for the tuition or expenses of an officer in the Selected Reserve of the Army National Guard or the Army Reserve for education or training of such officer in a program leading to a baccalaureate degree."2000-Subsec. (a). Pub. L. 106-398, §1 [[div. A], title XVI, §1602(a)(1)], added subsec. (a) and struck out former subsec. (a) which read as follows: "The Secretary of a military department may not pay more than 75 percent of the charges of an educational institution for the tuition or expenses of a member of the armed forces enrolled in such institution for education or training during his off-duty periods, except that-"(1) in the case of an enlisted member in the pay grade of E-5 or higher with less than 14 years' service, not more than 90 percent of the charges may be paid; "(2) in the case of a member enrolled in a high school completion program, all of the charges may be paid;"(3) in the case of a commissioned officer on active duty, no part of the charges may be paid unless the officer agrees to remain on active duty for a period of at least two years after the completion of the training or education; and "(4) in the case of a member serving in a contingency operation or similar operational mission (other than for training) designated by the Secretary concerned, all of the charges may be paid."Subsec. (b). Pub. L. 106-398, §1 [[div. A], title XVI, §1602(a)(1)], added subsec. (b) and struck out former subsec. (b) which read as follows: "The limitation in subsection (a) does not apply to the Program for Afloat College Education."Subsec. (d). Pub. L. 106-398, §1 [[div. A], title XVI, §1602(a)(2)(A)], struck out "(within the limits set forth in subsection (a))" after "educational institution" in introductory provisions. Subsec. (d)(3). Pub. L. 106-398, §1 [[div. A], title XVI, §1602(a)(2)(B)], substituted "subsection (b)" for "subsection (a)(3)".Subsec. (e). Pub. L. 106-398, §1 [[div. A], title XVI, §1602(b)(1)], added subsec. (e). 1999-Subsec. (a)(4). Pub. L. 106-65 added par. (4).1993-Subsec. (d). Pub. L. 103-160 added subsec. (d).1990- Pub. L. 101-510 substituted "Payment" for "Limitation on payment" in section catchline. 1987-Subsec. (c). Pub. L. 100-26 made technical amendment to directory language of Pub. L. 99-661, §651(a)(2). See 1986 Amendment note below. 1986-Subsec. (a)(3). Pub. L. 99-661, §651(a)(1), inserted "on active duty".Subsec. (c). Pub. L. 99-661, §651(a)(2), as amended by Pub. L. 100-26 added subsec. (c).

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108-375, div. A, title V, §553(c), Oct. 28, 2004, 118 Stat. 1913, provided that: "The amendment made by subsection (a) [amending this section] may, at the discretion of the Secretary concerned, be applied to a service obligation incurred by an officer serving on active duty as of the date of the enactment of this Act [Oct. 28, 2004]."

EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100-26 applicable as if included in Pub. L. 99-661 when enacted on Nov. 14, 1986, see section 12(a) of Pub. L. 100-26 set out as a note under section 776 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99-661, div. A, title VI, §651(c), Nov. 14, 1986, 100 Stat. 3888, provided that: "Subsection (c) of section 2007 of title 10, United States Code, as added by subsection (a), shall take effect on the date of the enactment of this Act [Nov. 14, 1986]."

EFFECTIVE DATESection effective Oct. 1, 1985, see section 1404 of Pub. L. 98-525 set out as a note under section 520b of this title.

SAVINGS PROVISIONFor savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(c) of Pub. L. 109-163 see section 687(f) of Pub. L. 109-163 set out as a note under section 510 of this title.

INFORMATION ON INSTITUTIONS OF HIGHER EDUCATION PARTICIPATING IN THE DEPARTMENT OF DEFENSE TUITION ASSISTANCE PROGRAM Pub. L. 116-92, div. A, title V, §560, Dec. 20, 2019, 133 Stat. 1393, provided that:"(a) LIST OF PARTICIPATING INSTITUTIONS.-The Secretary of Defense shall make available, on a publicly accessible website of the Department of Defense, a list that identifies-"(1) each institution of higher education that receives funds under the Department of Defense Tuition Assistance Program; and"(2) the amount of such funds received by the institution."(b) ANNUAL UPDATES.-The Secretary of Defense shall update the list described in subsection (a) not less frequently than once annually."

TUITION PAYMENTS CONTINGENT UPON AGREEMENT BY OFFICER TO REMAIN IN READY RESERVE FOR AT LEAST FOUR YEARS Pub. L. 104-61, title VIII, §80198019,, 109 Stat. 655, provided that: "Funds appropriated for the Department of Defense during the current fiscal year and hereafter shall be available for the payment of not more than 75 percent of the charges of a postsecondary educational institution for the tuition or expenses of an officer in the Ready Reserve of the Army National Guard or Army Reserve for education or training during his off-duty periods, except that no part of the charges may be paid unless the officer agrees to remain a member of the Ready Reserve for at least four years after completion of such training or education."Similar provisions were contained in the following prior appropriation acts: Pub. L. 103-335, title VIII, §80198019,, 108 Stat. 2621. Pub. L. 103-139, title VIII, §80218021,, 107 Stat. 1441. Pub. L. 102-396, title IX, §90259025,, 106 Stat. 1906. Pub. L. 102-172, title VIII, §80258025,, 105 Stat. 1177. Pub. L. 101-511, title VIII, §80258025,, 104 Stat. 1880. Pub. L. 101-165, title IX, §90359035,, 103 Stat. 1136.Pub. L. 100-463, title VIII, §8059, Oct. 1, 1988, 102 Stat. 2270-27. Pub. L. 100-202, §101(b) [title VIII, §8072], Dec. 22, 1987, 101 Stat. 1329-43, 1329-74. Pub. L. 99-500, §101(c) [title IX, §9076], Oct. 18, 1986, 100 Stat. 1783-82, 1783-114, and Pub. L. 99-591, §101(c) [title IX, §9076], Oct. 30, 1986, 100 Stat. 3341-82, 3341-114. Pub. L. 99-190, §101(b) [title VIII, §8086], Dec. 19, 1985, 99 Stat. 1185, 1216.

Army National Guard: The term "Army National Guard" means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that-(A) is a land force;(B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution;(C) is organized, armed, and equipped wholly or partly at Federal expense; and(D) is federally recognized.
Secretary concerned: The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
active duty: The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
armed forces: The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
commissioned officer: The term "commissioned officer" includes a commissioned warrant officer.
contingency operation: The term "contingency operation" means a military operation that-(A) is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or(B) results in the call or order to, or retention on, active duty of members of the uniformed services under section 688, 12301(a), 12302, 12304, 12304a, 12305, or 12406 of this title, chapter 13 of this title, section 3713 of title 14, or any other provision of law during a war or during a national emergency declared by the President or Congress.
enlisted member: The term "enlisted member" means a person in an enlisted grade.
full-time National Guard duty: The term "full-time National Guard duty" means training or other duty, other than inactive duty, performed by a member of the Army National Guard of the United States or the Air National Guard of the United States in the member's status as a member of the National Guard of a State or territory, the Commonwealth of Puerto Rico, or the District of Columbia under section 316, 502, 503, 504, or 505 of title 32 for which the member is entitled to pay from the United States or for which the member has waived pay from the United States.
grade: The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
officer: The term "officer" means a commissioned or warrant officer.
pay: The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
space force active status: The term "space force active status" means the status of a member of the Space Force who is not in a space force inactive status and is not retired.
warrant officer: The term "warrant officer" means a person who holds a commission or warrant in a warrant officer grade.