10 U.S.C. § 2005

Advanced education assistance: active duty agreement; reimbursement requirements

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(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 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) or 373 of title 37; 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) As a condition of the Secretary concerned providing financial assistance under section 2107 or 2107a of this title to any person, the Secretary concerned shall require that the person enter into the agreement described in subsection (a). In addition to the requirements of paragraphs (1) through (4) of such subsection, the agreement shall specify that, if the person does not complete the education requirements specified in the agreement or does not fulfill any term or condition prescribed pursuant to paragraph (4) of such subsection, the person shall be subject to the repayment provisions of section 303a(e) or 373 of title 37 without the Secretary first ordering such person to active duty as provided for under subsection (a)(2) and sections 2107(f) and 2107a(f) of this title.(d) 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.(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.)Editorial NotesAmendments

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 SubsidiariesEffective Date of 1993 Amendment

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

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.

Notes of Decisions

Cited in 31 cases (1 in the last 5 years), 1990–2025 · leading case: Verplanck v. England, 257 F. Supp. 2d 182 (D.D.C. 2003).

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Verplanck v. England, 257 F. Supp. 2d 182 (D.D.C. 2003). · cites it 13× “10 for his Academy educational expenses pursuant to 10 U.S.C. § 2005 (2000). Following the denial of the relief requested by the plaintiff by the Board for Correction of Naval Records’ (“BCNR”), 1 the plaintiff initiated this action which challenges the reimbursement obligation…”

Kennedy v. United States, 124 Fed. Cl. 309 (Fed. Cl. 2015). · cites it 6× “Military Pay; NROTC Scholarship; 10 U.S.C. §§ 2005 , 2107; 37 U.S.C. § 209 ; Motion to Dismiss; Subject Matter Jurisdiction; Statute of Limitations; Mootness; Justiciability; Cross-Motions for Judgment on the Administrative Record; Final Agency Action Subject to Judicial Review…”

Prestonback v. United States, 965 F.3d 1363 (Fed. Cir. 2020). · cites it 4× “Form 5-50 derived from 10 U.S.C. § 2005 (2000), which allowed the Secretary to “require, as a condition to the Sec- retary providing advanced education assistance to any per- son, that such person enter into a written agreement with the Secretary.”

John D. Hensala v. Dep't of the Air Force, F. Whitten Peters, Sec'y of the Air Force, 343 F.3d 951 (9th Cir. 2003). · cites it 6× “Pursuant to 10 U.S.C. § 2005 , the Secretaries of each branch of the military may require a scholarship contract to provide “that if such person, voluntarily or because of misconduct, fails to complete the period of active duty specified in the agreement .”

Neutze v. United States, 88 Fed. Cl. 763 (Fed. Cl. 2009). · cites it 7× “The Government also maintains that Plaintiff cannot invoke the court’s jurisdiction under 10 U.S.C. § 2005 (a), because that statute is not money mandating.”

Daniels v. United States, 947 F. Supp. 2d 11 (D.D.C. 2013). · cites it 4× “Pursuant to 10 U.S.C. § 2005 (d)(1), (2), and 37 U.S.”

United States v. Perry, 48 M.J. 197 (C.A.A.F. 1998). · cites it 5× “96-357, on which the defense relied at trial, is codified in 10 USC § 2005 . Under § 2005(f) of this statute, cadets and midshipmen must execute agreements to serve on active duty for specific *199 periods.”

United States v. Bush, 247 F. Supp. 2d 783 (M.D.N.C. 2002). · cites it 11× “1 The government argues that Bush’s disenrollment was proper under his ROTC contract and followed the statutory provisions of 10 U.S.C. § 2005 . The government also argues that Bush, as a result of his disenrollment and request not to serve active duty, did not fulfil the active…”

Roetenberg v. Sec'y of the Air Force, 73 F. Supp. 2d 631 (E.D. Va. 1999). · cites it 3× “90 for her educational expenses pursuant to the Air Force ROTC contract she signed and 10 U.S.C. § 2005 (a)(3). The letter incorrectly noted that plaintiff had resigned from the Air Force.”

Fontana, John L. v. White, Thomas, 334 F.3d 80 (D.C. Cir. 2003). · cites it 2× “The statute that generally governs the Secretary of the Army’s authority to enter into contracts concerning the provision of “advanced education assistance” is 10 U.S.C. § 2005 . That section states, in relevant part: (a) The Secretary concerned may require, as a condition to…”

United States v. Gears, 835 F. Supp. 1093 (N.D. Ind. 1993). · cites it 4× “DISCUSSION The only statute directly addressing the matter of reimbursement is 10 U.S.C. § 2005 (a)(3), which provides: (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…”

Fontana v. Caldera, 160 F. Supp. 2d 122 (D.D.C. 2001). · cites it 2× “This policy concern is entirely consistent with the power granted to the Secretary of the Army, to condition “advanced education assistance” 8 under 10 U.S.C. § 2005 (a), on “such other terms and conditions as the Secretary concerned may prescribe to protect the interests of the…”

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— 10 U.S.C. § 2005(a)(3) — 1 case

Neutze v. United States, 88 Fed. Cl. 763 (Fed. Cl. 2009). “The Government also maintains that Plaintiff cannot invoke the court’s jurisdiction under 10 U.S.C. § 2005 (a), because that statute is not money mandating.”

— 10 U.S.C. § 2005(d)(1) — 1 case

Daniels v. United States, 947 F. Supp. 2d 11 (D.D.C. 2013). “Pursuant to 10 U.S.C. § 2005 (d)(1), (2), and 37 U.S.”

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