§2007. Payment of tuition for off-duty training or education

(a) 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.

(b) The limitation in subsection (a) does not apply to the Program for Afloat College Education.

(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 (within the limits set forth in subsection (a)) 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 (a)(3) relating to an agreement to remain on active duty.

(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 .)

Prior Provisions

Provisions 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 .

Amendments

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).

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, §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, §8019, Sept. 30, 1994, 108 Stat. 2621 .

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

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

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

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

Pub. L. 101–165, title IX, §9035, Nov. 21, 1989, 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.

Section Referred to in Other Sections

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