§ 2005. Advanced education assistance: active duty agreement; reimbursement requirements

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Pub. L. 96–357 § 2(a) · 94 Stat. 1178

   Enacted · 10 U.S.C. § 2005

   Added Pub. L. 96–357, § 2(a), Sept. 24, 1980, 94 Stat. 1180

   Source evidence

   Code source credit
   Added Pub. L. 96–357, § 2(a), Sept. 24, 1980, 94 Stat. 1180

   Enacted provision · exact public law section
   (a) Chapter 101 of title 10, United States Code, relating to training, is amended by adding at the end of such chapter the following new section: “§ 2005. Advanced education assistance: active duty agreement; reimbursement requirements “(a) The Secretary concerned may require, as a condition to the Secretary providing advanced education assistance to any person, that such person enter into a written agreement with the Secretary concerned under the terms of which such person shall agree— “(1) to complete the educational requirements specified in the agreement and to serve on active duty for a period specified in the agreement; “(2) that if such person fails to complete the education requirements specified in the agreement, such person will serve on active duty for a period specified in the agreement; “(3) that if such person, voluntarily or because of misconduct, Reimbursement to U.S. fails to complete the period of active duty specified in the agreement, such person will reimburse the United States in an amount that bears the same ratio to the total cost of advanced education provided such person as the unserved portion of active duty bears to the total period of active duty such person agreed to serve; and “(4) to such other terms and conditions as the Secretary concerned may prescribe to protect the interest of the United States. “(b) The Secretary concerned shall determine the period of active duty to be served by any person for advanced education assistance to be provided such person by an armed force, except that if the period of active duty required to be served is specified under another provision of law with respect to the advanced education assistance to be provided, the period specified in the agreement referred to in subsection (a) shall be the same as the period specified in such other provision of law. “(c) Subject to the provisions of subsection (d) of this section, the obligation to reimburse the United States under an agreement described in subsection (a) of this section is, for all purposes, a debt owing the United States. “(d) A discharge in bankruptcy under title 11 shall not release a Discharge in bankruptcy. 11 USC 101. person from an obligation to reimburse the United States required under the terms of an agreement described in subsection (a) of this section if the final decree of the discharge in bankruptcy was issued within a period of five years after the last day of a period which such person had agreed to serve on active duty. This subsection applies to a discharge in bankruptcy in any proceeding which begins after September 30, 1978. “(e) In this section— Definitions. “(1) ‘Advanced education’ means education or training above the secondary school level but does not include technical training provided to a member of the armed forces to qualify such member to perform a specified military function, to workshops, or to short-term training programs. “(2) ‘Assistance’ means the direct provision of any course of advanced education by the Secretary concerned, reimbursement by the Secretary concerned for any course of advanced education provided by another department or agency of the Federal Government, or the payment, in whole or in part, by the Secretary concerned for any course of advanced education provided by any public or private educational institution or other entity, but such term does not include the payment for any course of advanced education which is paid for under chapter 106 or 107 of this title. 10 USC 2131 et seq., ante, p. 1111. “(3) ‘Cost of advanced education’ means those costs which are, under regulations prescribed by the Secretary concerned, directly attributable to the education of the person to whom a course of advanced education is provided, including the cost of tuition and other fees (or, if none is charged, an amount determined by the Secretary concerned to be a reasonable charge for the education provided), the cost of books, supplies, transporta-tion, and miscellaneous expenses, and the cost of room and board, 37 USC 101. 10 USC 2121. but such term does not include pay or allowances under title 37 or a stipend under section 2121 of this title.”.

2. 1983

   Department of Defense Authorization Act, 1984

   Pub. L. 98–94 § 1268(10)(A) · 97 Stat. 614

   Struck · 10 U.S.C. § 2005(c)

   Pub. L. 98–94, § 1268(10)(A), struck out “of this section” after “subsection (d)” and “subsection (a)”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 98–94, § 1268(10)(A), struck out “of this section” after “subsection (d)” and “subsection (a)”.

3. 1983

   Department of Defense Authorization Act, 1984

   Pub. L. 98–94 § 1268(10)(A) · 97 Stat. 614

   Struck · 10 U.S.C. § 2005(d)

   Pub. L. 98–94, § 1268(10)(A), struck out “of this section” after “subsection (a)”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 98–94, § 1268(10)(A), struck out “of this section” after “subsection (a)”.

4. 1983

   Department of Defense Authorization Act, 1984

   Pub. L. 98–94 § 1268(10)(B) · 97 Stat. 614

   Substituted · 10 U.S.C. § 2005(e)

   Pub. L. 98–94, § 1268(10)(B), substituted a colon for a dash after “In this section” preceding par. (1)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 98–94, § 1268(10)(B), substituted a colon for a dash after “In this section” preceding par. (1).

5. 1983

   Department of Defense Authorization Act, 1984

   Pub. L. 98–94 § 1003(b)(1) · 97 Stat. 614

   Added · 10 U.S.C. § 2005(f)

   Pub. L. 98–94, § 1003(b)(1), added subsec. (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 98–94, § 1003(b)(1), added subsec. (f).

6. 1987

   National Defense Authorization Act for Fiscal Years 1988 and 1989

   Pub. L. 100–180 § 1231(17) · 101 Stat. 1019

   Inserted · 10 U.S.C. § 2005(e)

   Pub. L. 100–180, § 1231(17), inserted “The term” after each par. designation and revised first word in quotes in each par. to make initial letter of such word lowercase

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 100–180, § 1231(17), inserted “The term” after each par. designation and revised first word in quotes in each par. to make initial letter of such word lowercase.

   Enacted provision · exact public law section
   (17) Sections 801, 1447, 2005(e), 2101, 2147(d), 2393(c), 2687(e), and 9511 are amended— (A) by inserting “The term” in each paragraph (other than paragraph (2) of section 801) after the paragraph designation; and (B) by revising the first word after the first quotation marks in each paragraph (other than paragraph (2) of section 801, paragraph (1) of section 1447, and paragraphs (7) and (11) of section 9511) so that the initial letter of such word is lower case.

7. 1990

   National Defense Authorization Act for Fiscal Year 1991

   Pub. L. 101–510 § 534(1) · 104 Stat. 1485

   Inserted · 10 U.S.C. § 2005(a)(3)

   Pub. L. 101–510, § 534(1), inserted “or fails to fulfill any term or condition prescribed pursuant to clause (4),” after “agreement,”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 101–510, § 534(1), inserted “or fails to fulfill any term or condition prescribed pursuant to clause (4),” after “agreement,”.

   Enacted provision · exact public law section
   (1) in subsection (a)(3), by inserting “or fails to fulfill any term or condition prescribed pursuant to clause (4),” after “agreement,”; and

8. 1990

   National Defense Authorization Act for Fiscal Year 1991

   Pub. L. 101–510 § 534(2) · 104 Stat. 1485

   Inserted · 10 U.S.C. § 2005(f)(1)

   Pub. L. 101–510, § 534(2), inserted “or fails to fulfill any term or condition prescribed pursuant to clause (4) of such subsection,” after “agreement,”

   Source evidence

   Code amendment note
   Subsec. (f)(1). Pub. L. 101–510, § 534(2), inserted “or fails to fulfill any term or condition prescribed pursuant to clause (4) of such subsection,” after “agreement,”.

   Enacted provision · exact public law section
   (2) in subsection (f)(1), by inserting “or fails to fulfill any term or condition prescribed pursuant to clause (4) of such subsection,” after “agreement,”.

9. 1993

   Pub. L. 103–160 div. A title V § 573(a) · 107 Stat. 1547

   Added · 10 U.S.C. § 2005(g); 10 U.S.C. § 2005(h)

   Pub. L. 103–160 added subsecs. (g) and (h)

   Source evidence

   Code amendment note
   Subsecs. (g), (h). Pub. L. 103–160 added subsecs. (g) and (h).

   Enacted provision · exact public law section
   (a) In General. — Section 2005 of title 10, United States Code, is amended by adding at the end the following new subsections: “(g) (1) In any case in which the Secretary concerned determines that a person who entered into an agreement under this section failed to complete the period of active duty specified in the agreement (or failed to fulfill any other term or condition prescribed in the agreement) and, by reason of the provision of the agreement required under subsection (a)(3), may owe a debt to the United States and in which that person disputes that such a debt is owed, the Secretary shall designate a member of the armed forces or a civilian employee under the jurisdiction of the Secretary to investigate the facts of the case and hear evidence presented by the person who may owe the debt and other parties, as appropriate, in order to determine the validity of the debt. That official shall report the official’s findings and recommendations to the Secretary concerned. If the justification for the debt investigated includes an allegation of misconduct, the investigating official shall state in the report the official’s assessment as to whether the individual behavior that resulted in the separation of the person who may owe the debt dualities as misconduct under subsection (a)(3). “(2) The Secretary of each military department shall ensure that a member of the armed forces who may be subject to a reimbursement requirement under this section is advised of such requirement before (1) submitting a request for voluntary separation, or (2) making a decision on a course of action regarding personal involvement in administrative, nonjudicial, and judicial action resulting from alleged misconduct. “(h) The Secretary concerned may, at any time before October 1, 1998, modify an agreement described in subsection (a) to reduce the active duty service obligation specified in the agreement if the Secretary determines that it is in the best interests of the United States to do so. In such a case, the Secretary shall reduce the amount required to be reimbursed to the United States proportionately with the reduction in the period of obligated active duty service.”. 10 USC 2005 note.

   Effective date note
   Pub. L. 103–160, div. A, title V, § 573(b), Nov. 30, 1993, 107 Stat. 1674, provided that:

10. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 687(c)(2)(A) · 119 Stat. 3136

    1. Added · 10 U.S.C. § 2005(a)(3)

       Pub. L. 109–163, § 687(c)(2)(A), added par. (3)

    2. Struck · 10 U.S.C. § 2005(a)(3)

       Pub. L. 109–163, § 687(c)(2)(A), struck out former par. (3) which read as follows: “that if such person, voluntarily or because of misconduct, fails to complete the period of active duty specified in the agreement, or fails to fulfill any term or condition prescribed pursuant to clause (4), such person will reimburse the United States in an amount that bears the same ratio to the total cost of advanced education provided such person as the unserved portion of active duty bears to the total period of active duty such person agreed to serve; and”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 109–163, § 687(c)(2)(A), added par. (3) and struck out former par. (3) which read as follows: “that if such person, voluntarily or because of misconduct, fails to complete the period of active duty specified in the agreement, or fails to fulfill any term or condition prescribed pursuant to clause (4), such person will reimburse the United States in an amount that bears the same ratio to the total cost of advanced education provided such person as the unserved portion of active duty bears to the total period of active duty such person agreed to serve; and”.

    Enacted provision · exact public law section
    (A) in subsection (a), by striking paragraph (3) and inserting the following new paragraph: “(3) that if such person does not complete the period of active duty specified in the agreement, or does not fulfill any term or condition prescribed pursuant to paragraph (4), such person shall be subject to the repayment provisions of section 303a(e) of title 37; and” ;

11. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 687(c)(2)(B) · 119 Stat. 3136

    1. Added · 10 U.S.C. § 2005(c)(h)

       Pub. L. 109–163, § 687(c)(2)(B)–(D), added subsec. (c)

    2. Redesignated · 10 U.S.C. § 2005(c)(h)

       Pub. L. 109–163, § 687(c)(2)(B)–(D), redesignated former subsec. (e) as (d)

    3. Struck · 10 U.S.C. § 2005(c)(h)

       Pub. L. 109–163, § 687(c)(2)(B)–(D), struck out former subsecs. (c), (d), and (f) to (h) relating to the obligation to reimburse the United States under an advanced education assistance agreement in subsec. (c), the effect of a discharge in bankruptcy under title 11 in subsec. (d), requirements for providing financial assistance in subsec. (f), failure to complete a period of active duty specified in an agreement in subsec. (g), and modification of agreements by the Secretary concerned in subsec. (h)

    Source evidence

    Code amendment note
    Subsecs. (c) to (h). Pub. L. 109–163, § 687(c)(2)(B)–(D), added subsec. (c), redesignated former subsec. (e) as (d), and struck out former subsecs. (c), (d), and (f) to (h) relating to the obligation to reimburse the United States under an advanced education assistance agreement in subsec. (c), the effect of a discharge in bankruptcy under title 11 in subsec. (d), requirements for providing financial assistance in subsec. (f), failure to complete a period of active duty specified in an agreement in subsec. (g), and modification of agreements by the Secretary concerned in subsec. (h).

    Enacted provision · exact public law section
    (B) by striking subsections (c), (d), (f), (g) and (h);

12. 2017

    National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 div. A title VI § 618(a)(1)(B) · 131 Stat. 1283

    Inserted · 10 U.S.C. § 2005(a)(3); 10 U.S.C. § 2005(a)(c)

    Pub. L. 115–91 inserted “or 373” before “of title 37”

    Source evidence

    Code amendment note
    Subsecs. (a)(3), (c). Pub. L. 115–91 inserted “or 373” before “of title 37”.

    Enacted provision · exact public law section
    (B) Subsections (a)(3) and (c) of section 2005.

11 of 15 references resolved to an enrolled provision · 4 partial