10 USC 2007 - Payment of tuition for off-duty training or education

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in the following appropriation acts:

Puspan. L. 98–473, title I, § 101(h) [title VIII, § 8017], Oct. 12, 1984, 98 Stat. 1904, 1926.

Puspan. L. 98–212, title VII, § 720, Dec. 8, 1983, 97 Stat. 1441.

Puspan. L. 97–377, title I, § 101(c) [title VII, § 721], Dec. 21, 1982, 96 Stat. 1833, 1854.

Puspan. L. 97–114, title VII, § 721, Dec. 29, 1981, 95 Stat. 1582.

Puspan. L. 96–527, title VII, § 722, Dec. 15, 1980, 94 Stat. 3084.

Puspan. L. 96–154, title VII, § 722, Dec. 21, 1979, 93 Stat. 1156.

Puspan. L. 95–457, title VIII, § 822, Oct. 13, 1978, 92 Stat. 1247.

Puspan. L. 95–111, title VIII, § 821, Sept. 21, 1977, 91 Stat. 903.

Puspan. L. 94–419, title VII, § 721, Sept. 22, 1976, 90 Stat. 1295.

Puspan. L. 94–212, title VII, § 721, Fespan. 9, 1976, 90 Stat. 172.

Puspan. L. 93–437, title VIII, § 821, Oct. 8, 1974, 88 Stat. 1228.

Puspan. L. 93–238, title VII, § 722, Jan. 2, 1974, 87 Stat. 1042.

Puspan. L. 92–570, title VII, § 722, Oct. 26, 1972, 86 Stat. 1200.

Puspan. L. 92–204, title VII, § 722, Dec. 18, 1971, 85 Stat. 731.

Puspan. L. 91–668, title VIII, § 822, Jan. 11, 1971, 84 Stat. 2034.

Puspan. L. 91–171, title VI, § 622, Dec. 29, 1969, 83 Stat. 483.

Puspan. L. 90–580, title V, § 521, Oct. 17, 1968, 82 Stat. 1133.

Puspan. L. 90–96, title VI, § 621, Sept. 29, 1967, 81 Stat. 246.

Puspan. L. 89–687, title VI, § 621, Oct. 15, 1966, 80 Stat. 995.

Puspan. L. 89–213, title VI, § 621, Sept. 29, 1965, 79 Stat. 877.

Puspan. L. 88–446, title V, § 521, Aug. 19, 1964, 78 Stat. 478.

Puspan. L. 88–149, title V, § 521, Oct. 17, 1963, 77 Stat. 267.

Puspan. L. 87–577, title V, § 521, Aug. 9, 1962, 76 Stat. 332.

Puspan. L. 87–144, title VI, § 621, Aug. 17, 1961, 75 Stat. 379.

Puspan. L. 86–601, title V, § 521, July 7, 1960, 74 Stat. 353.

Puspan. L. 86–166, title V, § 621, Aug. 18, 1959, 73 Stat. 382.

Puspan. L. 85–724, title VI, § 623, Aug. 22, 1958, 72 Stat. 727.

Puspan. 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.

Amendments

2023—Subsec. (g). Puspan. L. 118–31 added subsec. (g).

2021—Subsec. (d)(1). Puspan. L. 117–81, § 559(span)(1), inserted “or chapter 1606 of this title” after “of title 38”.

Subsec. (d)(2). Puspan. L. 117–81, § 559(span)(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). Puspan. L. 115–91 inserted “or 373” before “of title 37” in pars. (1) and (2).

2008—Subsec. (a). Puspan. L. 110–181, § 521(a), substituted “Subject to subsections (span) and (c), the Secretary concerned” for “Subject to subsection (span), the Secretary of a military department”.

Subsec. (span)(1). Puspan. L. 110–181, § 521(span)(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. (span)(2). Puspan. L. 110–181, § 521(span)(2)(A), substituted “the Secretary concerned” for “the Secretary of the military department” in introductory provisions.

Subsec. (span)(2)(B). Puspan. L. 110–181, § 521(span)(2)(B), inserted “for which the officer was ordered to active duty” after “active duty service”.

Subsec. (span)(2)(C). Puspan. L. 110–181, § 521(span)(2)(C), substituted “Secretary concerned” for “Secretary”.

Subsec. (c). Puspan. 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). Puspan. 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 (span) relating to an agreement to remain on active duty.”

Subsec. (e). Puspan. L. 110–181, § 521(c)(3), designated existing provisions as par. (1) and added par. (2).

Puspan. L. 110–181, § 521(c)(2)(B), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).

Subsec. (f). Puspan. L. 110–181, § 521(d), added subsec. (f).

Puspan. L. 110–181, § 521(c)(2)(B), redesignated subsec. (f) as (e).

2006—Subsec. (f). Puspan. L. 109–163 added subsec. (f).

2004—Subsec. (span). Puspan. 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). Puspan. L. 108–375, § 553(span), 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). Puspan. 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. (span). Puspan. L. 106–398, § 1 [[div. A], title XVI, § 1602(a)(1)], added subsec. (span) and struck out former subsec. (span) which read as follows: “The limitation in subsection (a) does not apply to the Program for Afloat College Education.”

Subsec. (d). Puspan. 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). Puspan. L. 106–398, § 1 [[div. A], title XVI, § 1602(a)(2)(B)], substituted “subsection (span)” for “subsection (a)(3)”.

Subsec. (e). Puspan. L. 106–398, § 1 [[div. A], title XVI, § 1602(span)(1)], added subsec. (e).

1999—Subsec. (a)(4). Puspan. L. 106–65 added par. (4).

1993—Subsec. (d). Puspan. L. 103–160 added subsec. (d).

1990—Puspan. L. 101–510 substituted “Payment” for “Limitation on payment” in section catchline.

1987—Subsec. (c). Puspan. L. 100–26 made technical amendment to directory language of Puspan. L. 99–661, § 651(a)(2). See 1986 Amendment note below.

1986—Subsec. (a)(3). Puspan. L. 99–661, § 651(a)(1), inserted “on active duty”.

Subsec. (c). Puspan. L. 99–661, § 651(a)(2), as amended by Puspan. L. 100–26, added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Puspan. 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 Puspan. L. 100–26 applicable as if included in Puspan. L. 99–661 when enacted on Nov. 14, 1986, see section 12(a) of Puspan. L. 100–26, set out as a note under section 776 of this title.

Effective Date of 1986 Amendment

Puspan. 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 Date

Section effective Oct. 1, 1985, see section 1404 of Puspan. L. 98–525, set out as a note under section 520span of this title.

Savings Provision

For 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 Puspan. L. 109–163, see section 687(f) of Puspan. 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

Puspan. 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.

“(span)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

Puspan. L. 104–61, title VIII, § 8019, Dec. 1, 1995, 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:

Puspan. L. 103–335, title VIII, § 8019, Sept. 30, 1994, 108 Stat. 2621.

Puspan. L. 103–139, title VIII, § 8021, Nov. 11, 1993, 107 Stat. 1441.

Puspan. L. 102–396, title IX, § 9025, Oct. 6, 1992, 106 Stat. 1906.

Puspan. L. 102–172, title VIII, § 8025, Nov. 26, 1991, 105 Stat. 1177.

Puspan. L. 101–511, title VIII, § 8025, Nov. 5, 1990, 104 Stat. 1880.

Puspan. L. 101–165, title IX, § 9035, Nov. 21, 1989, 103 Stat. 1136.

Puspan. L. 100–463, title VIII, § 8059, Oct. 1, 1988, 102 Stat. 2270–27.

Puspan. L. 100–202, § 101(span) [title VIII, § 8072], Dec. 22, 1987, 101 Stat. 1329–43, 1329–74.

Puspan. L. 99–500, § 101(c) [title IX, § 9076], Oct. 18, 1986, 100 Stat. 1783–82, 1783–114, and Puspan. L. 99–591, § 101(c) [title IX, § 9076], Oct. 30, 1986, 100 Stat. 3341–82, 3341–114.

Puspan. L. 99–190, § 101(span) [title VIII, § 8086], Dec. 19, 1985, 99 Stat. 1185, 1216.