
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: 10USC2007]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                    PART III--TRAINING AND EDUCATION
 
                     CHAPTER 101--TRAINING GENERALLY
 
Sec. 2007. Payment of tuition for off-duty training or education

    (a) Subject to subsection (b), the Secretary of a military 
department 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) In the case of a commissioned officer on active duty, the 
Secretary of the military department 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.
    (c)(1) 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.
    (2) The Secretary may not pay charges under paragraph (1) for 
tuition or expenses of an officer unless the officer agrees to remain a 
member of the Selected Reserve for at least four years after completion 
of the education or training for which the charges are paid.
    (3) The Secretary may not pay charges under paragraph (1)--
        (A) for a warrant officer; or
        (B) for an officer on active duty or full-time National Guard 
    duty.

    (d) 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.

    (e)(1) A member of the armed forces who is entitled to basic 
educational assistance under chapter 30 of title 38 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.

(Added Pub. L. 98-525, title XIV, Sec. 1401(g)(1), Oct. 19, 1984, 98 
Stat. 2618; amended Pub. L. 99-661, div. A, title VI, Sec. 651(a), Nov. 
14, 1986, 100 Stat. 3887; Pub. L. 100-26, Sec. 3(4), Apr. 21, 1987, 101 
Stat. 273; Pub. L. 101-510, div. A, title XIV, Sec. 1484(i)(4)(A), Nov. 
5, 1990, 104 Stat. 1718; Pub. L. 103-160, div. A, title VI, Sec. 632, 
Nov. 30, 1993, 107 Stat. 1684; Pub. L. 106-65, div. A, title VI, 
Sec. 675, Oct. 5, 1999, 113 Stat. 675; Pub. L. 106-398, Sec. 1 [[div. 
A], title XVI, Sec. 1602(a), (b)(1)], Oct. 30, 2000, 114 Stat. 1654, 
1654A-358, 1654A-359.)


                            Prior Provisions

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


                               Amendments

    2000--Subsec. (a). Pub. L. 106-398, Sec. 1 [[div. A], title XVI, 
Sec. 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, Sec. 1 [[div. A], title XVI, 
Sec. 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, Sec. 1 [[div. A], title XVI, 
Sec. 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, Sec. 1 [[div. A], title XVI, 
Sec. 1602(a)(2)(B)], substituted ``subsection (b)'' for ``subsection 
(a)(3)''.
    Subsec. (e). Pub. L. 106-398, Sec. 1 [[div. A], title XVI, 
Sec. 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, Sec. 651(a)(2). See 1986 Amendment 
note below.
    1986--Subsec. (a)(3). Pub. L. 99-661, Sec. 651(a)(1), inserted ``on 
active duty''.
    Subsec. (c). Pub. L. 99-661, Sec. 651(a)(2), as amended by Pub. L. 
100-26, added subsec. (c).


                    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

    Section 651(c) of Pub. L. 99-661 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 Pub. L. 98-525, 
set out as a note under section 520b of this title.


Tuition Payments Contingent Upon Agreement by Officer To Remain in Ready 
                     Reserve for At Least Four Years

    Pub. L. 104-61, title VIII, Sec. 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:
    Pub. L. 103-335, title VIII, Sec. 8019, Sept. 30, 1994, 108 Stat. 
2621.
    Pub. L. 103-139, title VIII, Sec. 8021, Nov. 11, 1993, 107 Stat. 
1441.
    Pub. L. 102-396, title IX, Sec. 9025, Oct. 6, 1992, 106 Stat. 1906.
    Pub. L. 102-172, title VIII, Sec. 8025, Nov. 26, 1991, 105 Stat. 
1177.
    Pub. L. 101-511, title VIII, Sec. 8025, Nov. 5, 1990, 104 Stat. 
1880.
    Pub. L. 101-165, title IX, Sec. 9035, Nov. 21, 1989, 103 Stat. 1136.
    Pub. L. 100-463, title VIII, Sec. 8059, Oct. 1, 1988, 102 Stat. 
2270-27.
    Pub. L. 100-202, Sec. 101(b) [title VIII, Sec. 8072], Dec. 22, 1987, 
101 Stat. 1329-43, 1329-74.
    Pub. L. 99-500, Sec. 101(c) [title IX, Sec. 9076], Oct. 18, 1986, 
100 Stat. 1783-82, 1783-114, and Pub. L. 99-591, Sec. 101(c) [title IX, 
Sec. 9076], Oct. 30, 1986, 100 Stat. 3341-82, 3341-114.
    Pub. L. 99-190, Sec. 101(b) [title VIII, Sec. 8086], Dec. 19, 1985, 
99 Stat. 1185, 1216.

                  Section Referred to in Other Sections

    This section is referred to in section 1745 of this title.
