---
kind: "section"
citation: "10 U.S.C. § 2005"
title: "10"
title_heading: "Armed Forces"
number: "2005"
heading: "Advanced education assistance: active duty agreement; reimbursement requirements"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/2005"
units:
  - "Subtitle A — General Military Law"
  - "Part III — Training and Education"
  - "Chapter 101 — Training Generally"
---

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

- (a) The [Secretary concerned](/usc/10/2801.md?p=c-5) may require, as a condition to the [Secretary](/usc/10/4951.md?p=3) providing advanced education assistance to any [person](/usc/10/2700.md?p=2), that such [person](/usc/10/2700.md?p=2) enter into a written agreement with the [Secretary concerned](/usc/10/2801.md?p=c-5) under the terms of which such [person](/usc/10/2700.md?p=2) shall agree—
  - (1) to complete the educational requirements specified in the agreement and to serve on [active duty](/usc/10/101.md?p=d-1) for a period specified in the agreement;
  - (2) that if such [person](/usc/10/2700.md?p=2) fails to complete the education requirements specified in the agreement, such [person](/usc/10/2700.md?p=2) will serve on [active duty](/usc/10/101.md?p=d-1) for a period specified in the agreement;
  - (3) that if such [person](/usc/10/2700.md?p=2) does not complete the period of [active duty](/usc/10/101.md?p=d-1) specified in the agreement, or does not fulfill any term or condition prescribed pursuant to [paragraph (4)](#a-4), such [person](/usc/10/2700.md?p=2) shall be subject to the repayment provisions of section [303a(e)](/usc/37/303a.md?p=e) or [373](/usc/37/373.md) of title 37; and
  - (4) to such other terms and conditions as the [Secretary concerned](/usc/10/2801.md?p=c-5) may prescribe to protect the interest of the [United States](/usc/10/101.md?p=a-1).
- (b) The [Secretary concerned](/usc/10/2801.md?p=c-5) shall determine the period of [active duty](/usc/10/101.md?p=d-1) to be served by any [person](/usc/10/2700.md?p=2) for advanced education assistance to be provided such [person](/usc/10/2700.md?p=2) by an armed force, except that if the period of [active duty](/usc/10/101.md?p=d-1) 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)](#a) shall be the same as the period specified in such other provision of law.
- (c) As a condition of the [Secretary concerned](/usc/10/2801.md?p=c-5) providing financial assistance under section [2107](/usc/10/2107.md) or [2107a](/usc/10/2107a.md) of this title to any [person](/usc/10/2700.md?p=2), the [Secretary concerned](/usc/10/2801.md?p=c-5) shall require that the [person](/usc/10/2700.md?p=2) enter into the agreement described in [subsection (a)](#a). In addition to the requirements of paragraphs [(1)](#a-1) through [(4)](#a-4) of such subsection, the agreement shall specify that, if the [person](/usc/10/2700.md?p=2) does not complete the education requirements specified in the agreement or does not fulfill any term or condition prescribed pursuant to [paragraph (4)](#a-4) of such subsection, the [person](/usc/10/2700.md?p=2) shall be subject to the repayment provisions of section [303a(e)](/usc/37/303a.md?p=e) or [373](/usc/37/373.md) of title 37 without the [Secretary](/usc/10/4951.md?p=3) first ordering such [person](/usc/10/2700.md?p=2) to [active duty](/usc/10/101.md?p=d-1) as provided for under [subsection (a)(2)](#a-2) and sections [2107(f)](/usc/10/2107.md?p=f) and [2107a(f)](/usc/10/2107a.md?p=f) of this title.
- (d) In this section:
  - (1) The term “advanced education” means education or [training](/usc/10/301.md?p=9) above the secondary school level but does not include technical [training](/usc/10/301.md?p=9) provided to a member of the [armed forces](/usc/10/101.md?p=a-4) to qualify such member to perform a specified [military](/usc/10/801.md?p=8) [function](/usc/10/467.md?p=1), to workshops, or to short-term [training](/usc/10/301.md?p=9) [programs](/usc/10/2101.md?p=1).
  - (2) The term “assistance” means the direct provision of any course of advanced education by the [Secretary concerned](/usc/10/2801.md?p=c-5), reimbursement by the [Secretary concerned](/usc/10/2801.md?p=c-5) for any course of advanced education provided by another [department](/usc/10/101.md?p=a-6) or [agency](/usc/10/3451.md?p=3) of the Federal Government, or the payment, in whole or in part, by the [Secretary concerned](/usc/10/2801.md?p=c-5) 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](/usc/10/chstA/ptIII/ch106.md) or [107](/usc/10/chstA/ptIII/ch107.md) of this title.
  - (3) The term “cost of advanced education” means those costs which are, under regulations prescribed by the [Secretary concerned](/usc/10/2801.md?p=c-5), directly attributable to the education of the [person](/usc/10/2700.md?p=2) 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](/usc/10/2801.md?p=c-5) to be a reasonable charge for the education provided), the cost of books, [supplies](/usc/10/3011.md?p=8), transportation, and miscellaneous expenses, and the cost of room and board, but such term does not include [pay](/usc/10/101.md?p=a-15) or allowances under [title 37](/usc/37.md) or a stipend under [section 2121 of this title](/usc/10/2121.md).

## Source credit

(Added Pub. L. 96–357, § 2(a), Sept. 24, 1980, 94 Stat. 1180; amended Pub. L. 98–94, title X, § 1003(b)(1), title XII, § 1268(10), Sept. 24, 1983, 97 Stat. 656, 706; Pub. L. 100–180, div. A, title XII, § 1231(17), Dec. 4, 1987, 101 Stat. 1161; Pub. L. 101–510, div. A, title V, § 534, Nov. 5, 1990, 104 Stat. 1564; Pub. L. 103–160, div. A, title V, § 573(a), Nov. 30, 1993, 107 Stat. 1673; Pub. L. 109–163, div. A, title VI, § 687(c)(2), Jan. 6, 2006, 119 Stat. 3333; Pub. L. 115–91, div. A, title VI, § 618(a)(1)(B), Dec. 12, 2017, 131 Stat. 1426.)

## Notes

### Editorial Notes

### Amendments

2017—Subsecs. (a)(3), (c). Pub. L. 115–91 inserted “or 373” before “of title 37”.

2006—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”.

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).

1993—Subsecs. (g), (h). Pub. L. 103–160 added subsecs. (g) and (h).

1990—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,”.

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,”.

1987—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.

1983—Subsec. (c). Pub. L. 98–94, § 1268(10)(A), struck out “of this section” after “subsection (d)” and “subsection (a)”.

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

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

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

### Statutory Notes and Related Subsidiaries

### Effective Date of 1993 Amendment

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

Pub. L. 98–94, title X, § 1003(b)(2), Sept. 24, 1983, 97 Stat. 657, provided that: “The amendment made by paragraph (1) [amending this section] shall apply with respect to agreements entered into after September 30, 1983.”

### 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 Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of this title.