
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2005]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                    PART III--TRAINING AND EDUCATION
 
                     CHAPTER 101--TRAINING GENERALLY
 
Sec. 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, 
    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
        (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), the obligation to 
reimburse the United States under an agreement described in subsection 
(a) is, for all purposes, a debt owing the United States.
    (d) A discharge in bankruptcy under title 11 shall not release a 
person from an obligation to reimburse the United States required under 
the terms of an agreement described in subsection (a) 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:
        (1) The term ``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) The term ``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.
        (3) The term ``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, transportation, 
    and miscellaneous expenses, and the cost of room and board, but such 
    term does not include pay or allowances under title 37 or a stipend 
    under section 2121 of this title.

    (f) The Secretary concerned shall require, as a condition to the 
Secretary providing financial assistance under section 2107 or 2107a of 
this title to any person, that such person enter into an agreement 
described in subsection (a). In addition to the requirements of clauses 
(1) through (4) of such subsection, any agreement required by this 
subsection shall provide--
        (1) that if such person fails to complete the education 
    requirements specified in the agreement, or fails to fulfill any 
    term or condition prescribed pursuant to clause (4) of such 
    subsection, the Secretary will have the option to order such person 
    to reimburse the United States in the manner provided for in clause 
    (3) of such subsection without the Secretary first ordering such 
    person to active duty as provided for under clause (2) of such 
    subsection and sections 2107(f) and 2107a(f) of this title; and
        (2) that any amount owed by such person to the United States 
    under such agreement shall bear interest at the rate equal to the 
    highest rate being paid by the United States on the day on which the 
    reimbursement is determined to be due for securities having 
    maturities of ninety days or less and shall accrue from the day on 
    which the member is first notified of the amount due to the United 
    States as a reimbursement under this section.

    (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 qualifies 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.

(Added Pub. L. 96-357, Sec. 2(a), Sept. 24, 1980, 94 Stat. 1180; amended 
Pub. L. 98-94, title X, Sec. 1003(b)(1), title XII, Sec. 1268(10), Sept. 
24, 1983, 97 Stat. 656, 706; Pub. L. 100-180, div. A, title XII, 
Sec. 1231(17), Dec. 4, 1987, 101 Stat. 1161; Pub. L. 101-510, div. A, 
title V, Sec. 534, Nov. 5, 1990, 104 Stat. 1564; Pub. L. 103-160, div. 
A, title V, Sec. 573(a), Nov. 30, 1993, 107 Stat. 1673.)


                               Amendments

    1993--Subsecs. (g), (h). Pub. L. 103-160 added subsecs. (g) and (h).
    1990--Subsec. (a)(3). Pub. L. 101-510, Sec. 534(1), inserted ``or 
fails to fulfill any term or condition prescribed pursuant to clause 
(4),'' after ``agreement,''.
    Subsec. (f)(1). Pub. L. 101-510, Sec. 534(2), inserted ``or fails to 
fulfill any term or condition prescribed pursuant to clause (4) of such 
subsection,'' after ``agreement,''.
    1987--Subsec. (e). Pub. L. 100-180, Sec. 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.
    1983--Subsec. (c). Pub. L. 98-94, Sec. 1268(10)(A), struck out ``of 
this section'' after ``subsection (d)'' and ``subsection (a)''.
    Subsec. (d). Pub. L. 98-94, Sec. 1268(10)(A), struck out ``of this 
section'' after ``subsection (a)''.
    Subsec. (e). Pub. L. 98-94, Sec. 1268(10)(B), substituted a colon 
for a dash after ``In this section'' preceding par. (1).
    Subsec. (f). Pub. L. 98-94, Sec. 1003(b)(1), added subsec. (f).


                    Effective Date of 1993 Amendment

    Section 573(b) of Pub. L. 103-160 provided that:
    ``(1) Subsection (g) of section 2005 of title 10, United States 
Code, as added by subsection (a), shall apply with respect to persons 
separated from the Armed Forces after the end of the six-month period 
beginning on the date of the enactment of this Act [Nov. 30, 1993].
    ``(2) Subsection (h) of such section, as added by subsection (a), 
shall apply with respect to persons separated from the Armed Forces 
after the date of the enactment of this Act.''


                    Effective Date of 1983 Amendment

    Section 1003(b)(2) of Pub. L. 98-94 provided that: ``The amendment 
made by paragraph (1) [amending this section] shall apply with respect 
to agreements entered into after September 30, 1983.''
