US (United States) Code. Title 10. Subtitle A: General Military Law. Chapter 101: Training generally

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Armed Forces. Education

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-CITE-

10 USC CHAPTER 101 - TRAINING GENERALLY 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 101 - TRAINING GENERALLY

.

-HEAD-

CHAPTER 101 - TRAINING GENERALLY

-MISC1-

Sec.

(2001. Repealed.)

2002. Dependents of members of armed forces: language training.

2003. Aeronautical rating as pilot: qualifications.

2004. Detail of commissioned officers as students at law schools.

2005. Advanced education assistance: active duty agreement;

reimbursement requirements.

2006. Department of Defense Education Benefits Fund.

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

2008. Authority to use funds for certain educational purposes.

2009. Military colleges: female students.

2010. Participation of developing countries in combined exercises:

payment of incremental expenses.

2011. Special operations forces: training with friendly foreign

forces.

2012. Support and services for eligible organizations and

activities outside Department of Defense.

2013. Training at non-Government facilities.

2014. Administrative actions adversely affecting military training

or other readiness activities.

AMENDMENTS

1997 - Pub. L. 105-85, div. A, title III, Sec. 325(b), Nov. 18,

1997, 111 Stat. 1679, added item 2014.

1996 - Pub. L. 104-201, div. A, title III, Sec. 362(a)(2), Sept.

23, 1996, 110 Stat. 2493, added item 2013.

Pub. L. 104-106, div. A, title V, Sec. 572(b), Feb. 10, 1996,

110 Stat. 355, added item 2012.

1994 - Pub. L. 103-337, div. A, title XVI, Sec. 1671(b)(12),

Oct. 5, 1994, 108 Stat. 3014, struck out item 2001 ''Reserve

components''.

1991 - Pub. L. 102-190, div. A, title X, Sec. 1052(a)(2), Dec.

5, 1991, 105 Stat. 1471, added item 2011.

1990 - Pub. L. 101-510, div. A, title XIV, Sec. 1484(i)(3)(B),

(4)(B), Nov. 5, 1990, 104 Stat. 1718, struck out ''of the military

departments'' after ''officers'' in item 2004 and substituted

''Payment'' for ''Limitation on payment'' in item 2007.

1986 - Pub. L. 99-661, div. A, title XIII, Sec. 1321(a)(2), Nov.

14, 1986, 100 Stat. 3988, added item 2010.

1984 - Pub. L. 98-525, title VII, Sec. 706(a)(2), title XIV, Sec.

1401(g)(2), 1405(31), Oct. 19, 1984, 98 Stat. 2570, 2619, 2624,

substituted a colon for a semicolon in item 2003 and added items

2006 to 2009.

1980 - Pub. L. 96-357, Sec. 2(b), Sept. 24, 1980, 94 Stat. 1182,

added item 2005.

1973 - Pub. L. 93-155, title VIII, Sec. 817(b), Nov. 16, 1973, 87

Stat. 622, added item 2004.

1971 - Pub. L. 92-168, Sec. 4(2), Nov. 24, 1971, 85 Stat. 489,

added item 2003.

1970 - Pub. L. 91-278, Sec. 2(3), June 12, 1970, 84 Stat. 306,

substituted ''armed forces'' for ''Army, Navy, Air Force, or Marine

Corps'' in item 2002.

1965 - Pub. L. 89-160, Sec. 1(2), Sept. 1, 1965, 79 Stat. 615,

added item 2002.

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10 USC Sec. 2001 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 101 - TRAINING GENERALLY

-HEAD-

(Sec. 2001. Repealed. Pub. L. 103-337, div. A, title XVI, Sec.

1661(a)(3)(A), Oct. 5, 1994, 108 Stat. 2980)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 119, related to

division of reserve components into training categories. See

section 10141(c) of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Dec. 1, 1994, except as otherwise provided, see

section 1691 of Pub. L. 103-337, set out as an Effective Date note

under section 10001 of this title.

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10 USC Sec. 2002 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 101 - TRAINING GENERALLY

-HEAD-

Sec. 2002. Dependents of members of armed forces: language training

-STATUTE-

(a) Notwithstanding section 701(b) of the Foreign Service Act of

1980 (22 U.S.C. 4021(b)) or any other provision of law, and under

regulations to be prescribed by the Secretary of Defense or, with

respect to the Coast Guard when it is not operating as a service in

the Navy, the Secretary of Homeland Security, language training may

be provided in -

(1) a facility of the Department of Defense;

(2) a facility of the George P. Shultz National Foreign Affairs

Training Center established under section 701(a) of the Foreign

Service Act of 1980 (22 U.S.C. 4021(a)); or

(3) a civilian educational institution;

to a dependent of a member of the armed forces in anticipation of

the member's assignment to permanent duty outside the United

States.

(b) In this section, the term ''dependent'' has the same meaning

that it has under section 401 of title 37.

-SOURCE-

(Added Pub. L. 89-160, Sec. 1(1), Sept. 1, 1965, 79 Stat. 615;

amended Pub. L. 91-278, Sec. 2(1), (2), June 12, 1970, 84 Stat.

306; Pub. L. 96-465, title II, Sec. 2206(c)(1), Oct. 17, 1980, 94

Stat. 2162; Pub. L. 97-22, Sec. 11(a)(7), July 10, 1981, 95 Stat.

138; Pub. L. 98-525, title XIV, Sec. 1405(30), Oct. 19, 1984, 98

Stat. 2624; Pub. L. 100-180, div. A, title XII, Sec. 1231(18)(A),

Dec. 4, 1987, 101 Stat. 1161; Pub. L. 107-132, Sec. 1(b), Jan. 16,

2002, 115 Stat. 2412; Pub. L. 107-296, title XVII, Sec. 1704(b)(1),

Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation'' in introductory provisions.

Subsec. (a)(2). Pub. L. 107-132 substituted ''George P. Shultz

National Foreign Affairs Training Center'' for ''Foreign Service

Institute''.

1987 - Subsec. (b). Pub. L. 100-180 inserted ''the term'' after

''In this section,''.

1984 - Subsec. (b). Pub. L. 98-525 substituted ''In this

section,'' for ''For the purposes of this section, the word''.

1981 - Subsec. (a). Pub. L. 97-22 inserted ''(22 U.S.C.

4021(b))'' after ''section 701(b) of the Foreign Service Act of

1980'' in provisions preceding par. (1) and, in par. (2), inserted

''(22 U.S.C. 4021(a))'' after ''section 701(a) of the Foreign

Service Act of 1980''.

1980 - Subsec. (a). Pub. L. 96-465, in provisions preceding par.

(1) substituted ''section 701(b) of the Foreign Service Act of

1980'' for ''section 1041 of title 22'' and in par. (2) substituted

''section 701(a) of the Foreign Service Act of 1980'' for ''section

1041 of title 22''.

1970 - Pub. L. 91-278, Sec. 2(1), substituted ''armed forces''

for ''Army, Navy, Air Force, or Marine Corps'' in section

catchline.

Subsec. (a). Pub. L. 91-278, Sec. 2(2)(A), authorized Secretary

of Transportation to prescribe regulations for Coast Guard when not

operating as a service in the Navy.

Subsec. (a)(3). Pub. L. 91-278, Sec. 2(2)(B), substituted ''armed

forces'' for ''Army, Navy, Air Force, or Marine Corps''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as

otherwise provided, see section 2403 of Pub. L. 96-465, set out as

an Effective Date note under section 3901 of Title 22, Foreign

Relations and Intercourse.

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10 USC Sec. 2003 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 101 - TRAINING GENERALLY

-HEAD-

Sec. 2003. Aeronautical rating as pilot: qualifications

-STATUTE-

To be eligible to receive an aeronautical rating as a pilot in

the Army or Air Force or be designated as a naval aviator, a member

of an armed force must successfully complete an undergraduate pilot

course of instruction prescribed or approved by the Secretary of

his military department.

-SOURCE-

(Added Pub. L. 92-168, Sec. 4(1), Nov. 24, 1971, 85 Stat. 489.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6913 of this title; title

14 section 373.

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10 USC Sec. 2004 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 101 - TRAINING GENERALLY

-HEAD-

Sec. 2004. Detail of commissioned officers as students at law

schools

-STATUTE-

(a) The Secretary of each military department may, under

regulations prescribed by the Secretary of Defense, detail

commissioned officers of the armed forces as students at accredited

law schools, located in the United States, for a period of training

leading to the degree of bachelor of laws or juris doctor. No more

than twenty-five officers from each military department may

commence such training in any single fiscal year.

(b) To be eligible for detail under subsection (a), an officer

must be a citizen of the United States and must -

(1) have served on active duty for a period of not less than

two years nor more than six years and be in the pay grade O-3 or

below as of the time the training is to begin; and

(2) sign an agreement that unless sooner separated he will -

(A) complete the educational course of legal training;

(B) accept transfer or detail as a judge advocate or law

specialist within the department concerned when his legal

training is completed; and

(C) agree to serve on active duty following completion or

other termination of training for a period of two years for

each year or part thereof of his legal training under

subsection (a).

(c) Officers detailed for legal training under subsection (a)

shall be selected on a competitive basis by the Secretary of the

military department concerned, under regulations prescribed by the

Secretary of Defense. Any service obligation incurred by an officer

under an agreement entered into under subsection (b) shall be in

addition to any service obligation incurred by any such officer

under any other provision of law or agreement.

(d) Expenses incident to the detail of officers under this

section shall be paid from any funds appropriated for the military

department concerned.

(e) An officer who, under regulations prescribed by the Secretary

of Defense, is dropped from the program of legal training

authorized by subsection (a) for deficiency in conduct or studies,

or for other reasons, may be required to perform active duty in an

appropriate military capacity in accordance with the active duty

obligation imposed by regulations issued by the Secretary of

Defense, except that in no case shall any such member be required

to serve on active duty for any period in excess of one year for

each year or part thereof he participated in the program.

(f) No agreement detailing any officer of the armed forces to an

accredited law school may be entered into during any period that

the President is authorized by law to induct persons into the armed

forces involuntarily. Nothing in this subsection shall affect any

agreement entered into during any period when the President is not

authorized by law to so induct persons into the armed forces.

-SOURCE-

(Added Pub. L. 93-155, title VIII, Sec. 817(a), Nov. 16, 1973, 87

Stat. 621; amended Pub. L. 101-510, div. A, title XIV, Sec.

1484(i)(3)(A), Nov. 5, 1990, 104 Stat. 1718.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-510 struck out ''of the military departments''

after ''officers'' in section catchline.

SELECTION OF OFFICERS IN MISSING STATUS FOR LEGAL TRAINING ON A

NONCOMPETITIVE BASIS; EXEMPTION FROM NUMERICAL LIMITATIONS

Pub. L. 94-106, title VIII, Sec. 821, Oct. 7, 1975, 89 Stat. 545,

provided that: ''Notwithstanding any provision of section 2004 of

title 10 United States Code, an officer in any pay grade who was in

a missing status (as defined in section 551(2) of title 37, United

States Code) after August 4, 1964, and before May 8, 1975, may be

selected for detail for legal training under that section 2004 on

other than a competitive basis and, if selected for that training,

is not counted in computing, for the purpose of subsection (a) of

that section 2004, the number of officers who may commence that

training in any single fiscal year. For the purposes of

determining eligibility under that section 2004, the period of time

during which an officer was in that missing status may be

disregarded in computing the period he has served on active duty.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 37 section 321.

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10 USC Sec. 2005 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 101 - TRAINING GENERALLY

-HEAD-

Sec. 2005. Advanced education assistance: active duty agreement;

reimbursement requirements

-STATUTE-

(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.

-SOURCE-

(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.)

-MISC1-

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.''

-CITE-

10 USC Sec. 2006 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 101 - TRAINING GENERALLY

-HEAD-

Sec. 2006. Department of Defense Education Benefits Fund

-STATUTE-

(a) There is established on the books of the Treasury a fund to

be known as the Department of Defense Education Benefits Fund

(hereinafter in this section referred to as the ''Fund''), which

shall be administered by the Secretary of the Treasury. The Fund

shall be used for the accumulation of funds in order to finance

armed forces education liabilities on an actuarially sound basis.

(b) In this section:

(1) The term ''armed forces education liabilities'' means

liabilities of the armed forces for benefits under chapter 30 of

title 38 and for Department of Defense benefits under chapter

1606 of this title.

(2) The term ''normal cost'', with respect to any period of

time, means the total of the following:

(A) The present value of the future benefits payable from the

Fund for amounts attributable to increased amounts of

educational assistance authorized under section 3015(d) of

title 38 to persons who were not on active duty on July 1,

1985, and who during such period enter on active duty.

(B) The present value of the future benefits payable from the

Fund for amounts attributable to educational assistance

authorized under subchapter III of chapter 30 of title 38 to

persons who were not on active duty on July 1, 1985, and who

during such period -

(i) enter a fourth year of active duty, in the case of

persons eligible for basic educational assistance under

section 3011 of such title; or

(ii) enter a period of service that will establish

entitlement to such educational assistance under section

3021(b) of such title, in the case of persons eligible for

basic educational assistance under section 3012 of such

title.

(C) The present value of the future Department of Defense

benefits payable from the Fund for educational assistance under

chapter 1606 of this title to persons who during such period

become entitled to such assistance.

(D) The present value of future benefits payable from the

Fund for the Department of Defense portion of payments of

educational assistance under subchapter II of chapter 30 of

title 38 attributable to increased usage of benefits as a

result of transfers of entitlement to basic educational

assistance under section 3020 of that title during such period.

(c) There shall be deposited into the Fund the following, which

shall constitute the assets of the Fund:

(1) Amounts paid into the Fund by the Secretary of Defense and

the Secretary of the Department in which the Coast Guard is

operating under subsection (g).

(2) Any amount appropriated to the Fund.

(3) Any return on investment of the assets of the Fund.

(d) The Secretary of the Treasury shall transfer from the Fund to

the Secretary of Veterans Affairs such amounts as may be necessary

to enable the Secretary of Veterans Affairs to make required

payments of armed forces education liabilities. The Secretary of

the Treasury, the Secretary of Defense, the Secretary of the

Department in which the Coast Guard is operating, and the Secretary

of Veterans Affairs shall enter into an agreement as to how and

when, and the amounts in which, such transfers shall be made.

Except for investments under subsection (h), amounts in the Fund

may not be used for any purpose other than transfers as described

in this subsection.

(e)(1)(A) There is established in the Department of Defense a

Department of Defense Education Benefits Board of Actuaries

(hereinafter in this section referred to as the ''Board''). The

Board shall consist of three members, who shall be appointed by the

Secretary of Defense from among qualified professional actuaries

who are members of the Society of Actuaries.

(B)(i) Except as provided in clause (ii), the members of the

Board shall serve for a term of fifteen years, except that a member

of the Board appointed to fill a vacancy occurring before the end

of the term for which his predecessor was appointed shall only

serve until the end of such term. A member may serve after the end

of his term until his successor has taken office. A member of the

Board may be removed by the Secretary of Defense for misconduct or

failure to perform functions vested in the Board, and for no other

reason.

(ii) Of the members of the Board who are first appointed under

this paragraph, one each shall be appointed for terms ending five,

ten, and fifteen years, respectively, after the date of

appointment, as designated by the Secretary of Defense at the time

of appointment.

(C) A member of the Board who is not otherwise an employee of the

United States is entitled to receive pay at the daily equivalent of

the annual rate of basic pay of the highest rate of basic pay then

currently being paid under the General Schedule of subchapter III

of chapter 53 of title 5, for each day the member is engaged in the

performance of duties vested in the Board and is entitled to travel

expenses, including a per diem allowance, in accordance with

section 5703 of title 5.

(2) The Board shall report to the Secretary of Defense annually

on the actuarial status of the Fund and shall furnish its advice

and opinion on matters referred to it by the Secretary.

(3) The Board shall review valuations of the Fund under

subsection (f) and shall recommend to the President and Congress

such changes as in the Board's judgment are necessary to protect

the public interest and maintain the Fund on a sound actuarial

basis.

(4) The Secretary shall keep, or cause to be kept, such records

as necessary for determining the actuarial status of the Fund.

(f)(1) The Secretary of Defense shall carry out periodic

actuarial valuations of the educational programs described in

subsection (b)(1).

(2) Based on the most recent such valuation, the Secretary of

Defense shall estimate the normal cost for the next fiscal year.

(3) If at the time of any such valuation there has been a change

in benefits under an education program described in subsection

(b)(1) that has been made since the last such valuation and that

increases or decreases the present value of benefits payable from

the Fund, the Secretary of Defense shall determine an amortization

methodology and schedule for the liquidation of the unfunded

liability (or negative unfunded liability) thus created such that

the present value of the sum of the amortization payments equals

the increase or decrease in the present value of such benefits.

(4) If at the time of any such valuation the Secretary of Defense

determines that, based upon changes in actuarial assumptions since

the last valuation, there has been an actuarial gain or loss to the

Fund, the Secretary shall determine an amortization methodology and

schedule for the liquidation of such gain or loss through an

increase or decrease in the payments that would otherwise be made

to the Fund.

(5) Based on the determinations under paragraphs (2), (3), and

(4) the Secretary of Defense shall determine the amount needed to

be appropriated to the Department of Defense and the Department in

which the Coast Guard is operating for the next fiscal year for

payments to be made to the Fund under subsection (g). The President

shall include not less than the full amount so determined in the

budget transmitted to Congress for the next fiscal year under

section 1105 of title 31. The President may comment and make

recommendations concerning any such amount.

(6) All determinations under this subsection shall be made using

methods and assumptions approved by the Board of Actuaries

(including assumptions of interest rates and inflation) and in

accordance with generally accepted actuarial principles and

practices.

(g)(1) The Secretary of Defense and the Secretary of the

Department in which the Coast Guard is operating shall pay into the

Fund each month the amount that, based upon the most recent

actuarial valuation of the education programs described in

subsection (b)(1), is equal to the actual total normal cost for the

preceding month.

(2) The Secretary of Defense and the Secretary of the Department

in which the Coast Guard is operating shall pay into the Fund at

the beginning of each fiscal year (or as soon thereafter as

appropriations are available for such purpose) the sum of the

following:

(A) The amount of the payment for that year, if any, for the

amortization of any liability to the Fund resulting from a change

in benefits, as determined by the Secretary of Defense under

subsection (f)(3).

(B) The amount of the payment for that year, if any, for the

amortization of any actuarial gain or loss to the Fund, as

determined by the Secretary of Defense under subsection (f)(4).

(3) Amounts paid into the Fund under this subsection shall be

paid from appropriations available for the pay of members of the

armed forces under the jurisdiction of the Secretary concerned.

(h) The Secretary of the Treasury shall invest such portion of

the Fund as is not in the judgment of the Secretary required to

meet current withdrawals. Such investments shall be in public debt

securities with maturities suitable to the needs of the Fund, as

determined by the Secretary, and bearing interest at rates

determined by the Secretary, taking into consideration current

market yields on outstanding marketable obligations of the United

States of comparable maturities. The income on such investments

shall be credited to and form a part of the Fund.

-SOURCE-

(Added Pub. L. 98-525, title VII, Sec. 706(a)(1), Oct. 19, 1984, 98

Stat. 2568; amended Pub. L. 100-26, Sec. 7(k)(2), Apr. 21, 1987,

101 Stat. 284; Pub. L. 101-189, div. A, title XVI, Sec.

1621(a)(2), (6), Nov. 29, 1989, 103 Stat. 1603; Pub. L. 101-510,

div. A, title XIII, Sec. 1322(a)(2), title XIV, Sec. 1484(j)(2),

Nov. 5, 1990, 104 Stat. 1671, 1718; Pub. L. 103-337, div. A, title

X, Sec. 1070(e)(6), Oct. 5, 1994, 108 Stat. 2859; Pub. L. 104-106,

div. A, title XV, Sec. 1501(c)(21), 1503(a)(17), Feb. 10, 1996,

110 Stat. 499, 512; Pub. L. 106-65, div. A, title V, Sec. 550,

Oct. 5, 1999, 113 Stat. 611; Pub. L. 107-107, div. A, title VI,

Sec. 654(b), Dec. 28, 2001, 115 Stat. 1157.)

-MISC1-

AMENDMENTS

2001 - Subsec. (b)(2)(D). Pub. L. 107-107 added subpar. (D).

1999 - Subsec. (a). Pub. L. 106-65, Sec. 550(1), substituted

''armed forces education liabilities'' for ''Department of Defense

education liabilities''.

Subsec. (b)(1). Pub. L. 106-65, Sec. 550(2), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: ''The

term 'Department of Defense education liabilities' means

liabilities of the Department of Defense for benefits under chapter

30 of title 38 and for benefits under chapter 1606 of this title.''

Subsec. (b)(2)(C). Pub. L. 106-65, Sec. 550(3), inserted

''Department of Defense'' after ''future'' and substituted

''chapter 1606'' for ''chapter 106''.

Subsec. (c)(1). Pub. L. 106-65, Sec. 550(4), inserted ''and the

Secretary of the Department in which the Coast Guard is operating''

after ''Defense''.

Subsec. (d). Pub. L. 106-65, Sec. 550(5), substituted ''armed

forces'' for ''Department of Defense'' and inserted ''the Secretary

of the Department in which the Coast Guard is operating,'' after

''Secretary of Defense,''.

Subsec. (f)(5). Pub. L. 106-65, Sec. 550(6), inserted ''and the

Department in which the Coast Guard is operating'' after

''Department of Defense''.

Subsec. (g). Pub. L. 106-65, Sec. 550(7), inserted ''and the

Secretary of the Department in which the Coast Guard is operating''

after ''The Secretary of Defense'' in pars. (1) and (2) and

substituted ''concerned'' for ''of a military department'' in par.

(3).

1996 - Subsec. (b)(1). Pub. L. 104-106, Sec. 1501(c)(21),

substituted ''chapter 1606 of this title'' for ''chapter 106 of

this title''.

Subsec. (b)(2)(B)(ii). Pub. L. 104-106, Sec. 1503(a)(17),

substituted ''section 3012 of such title'' for ''section 1412 of

such title''.

1994 - Subsec. (b)(2). Pub. L. 103-337 substituted ''section

3015(d)'', ''section 3011'', and ''section 3021(b)'' for ''section

1415(c)'', ''section 1411'', and ''section 1421(b)'', respectively.

1990 - Subsec. (d). Pub. L. 101-510, Sec. 1484(j)(2), substituted

''enable the Secretary of Veterans Affairs'' for ''enable the

Administrator''.

Subsec. (e)(3). Pub. L. 101-510, Sec. 1322(a)(2), substituted

''and shall recommend to the President and Congress'' for ''and

report periodically, not less than once every four years, to the

President and Congress on the status of the Fund and shall

recommend''.

1989 - Subsec. (d). Pub. L. 101-189 substituted ''Secretary of

Veterans Affairs'' for ''Administrator of Veterans' Affairs'' in

first sentence and ''Secretary of Veterans Affairs'' for

''Administrator'' in second sentence.

1987 - Subsec. (b). Pub. L. 100-26 inserted ''The term'' after

each par. designation and substituted ''normal'' for ''Normal'' in

par. (2).

EFFECTIVE DATE OF 1996 AMENDMENT

Section 1501(c) of Pub. L. 104-106 provided that the amendment

made by that section is effective as of Dec. 1, 1994, and as if

included as an amendment made by the Reserve Officer Personnel

Management Act, title XVI of Pub. L. 103-337, as originally

enacted.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC5-

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

(title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

FIRST PAYMENT INTO FUND

Section 706(b) of Pub. L. 98-525 directed that first payment into

Department of Defense Education Benefits Fund under this section be

made not later than three months after Board of Actuaries

determined amounts needed to be paid into Fund for that portion of

fiscal year 1985 beginning on July 1, 1985, with first payment in a

lump sum equal to total of amounts that would have been paid to

Fund each month between July 1, 1985, and time such first payment

was made.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12521 of this title; title

38 sections 3020, 3035.

-CITE-

10 USC Sec. 2007 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 101 - TRAINING GENERALLY

-HEAD-

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

-STATUTE-

(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.

-SOURCE-

(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.)

-MISC1-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

38 section 3014.

-CITE-

10 USC Sec. 2008 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 101 - TRAINING GENERALLY

-HEAD-

Sec. 2008. Authority to use funds for certain educational purposes

-STATUTE-

Funds appropriated to the Department of Defense may be used to

carry out construction, as defined in section 8013(3) of the

Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(3)),

or to carry out section 8008 of such Act (20 U.S.C. 7708), relating

to the provision of assistance to certain school facilities under

the impact aid program.

-SOURCE-

(Added Pub. L. 98-525, title XIV, Sec. 1401(g)(1), Oct. 19, 1984,

98 Stat. 2618; amended Pub. L. 104-106, div. B, title XXVIII, Sec.

2891, Feb. 10, 1996, 110 Stat. 590.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-106 substituted ''construction, as defined in

section 8013(3) of the Elementary and Secondary Education Act of

1965 (20 U.S.C. 7713(3)), or to carry out section 8008 of such Act

(20 U.S.C. 7708), relating to the provision of assistance to

certain school facilities under the impact aid program.'' for

''section 10 of the Act of September 23, 1950 (20 U.S.C. 640),

relating to impact aid authorization.''

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.

-CITE-

10 USC Sec. 2009 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 101 - TRAINING GENERALLY

-HEAD-

Sec. 2009. Military colleges: female students

-STATUTE-

(a) Under regulations prescribed by the Secretary of Defense, any

college or university designated by the Secretary of Defense as a

military college shall, as a condition of maintaining such

designation, provide that qualified female undergraduate students

enrolled in such college or university be eligible to participate

in military training at such college or university.

(b) Regulations prescribed under subsection (a) may not require a

college or university, as a condition of maintaining its

designation as a military college or for any other purpose, to

require female undergraduate students enrolled in such college or

university to participate in military training.

-SOURCE-

(Added Pub. L. 98-525, title XIV, Sec. 1401(g)(1), Oct. 19, 1984,

98 Stat. 2619.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

Pub. L. 95-485, title VIII, Sec. 809, Oct. 20, 1978, 92 Stat. 1623,

which was set out as a note under section 2102 of this title, prior

to repeal by Pub. L. 98-525, Sec. 1403(b), 1404.

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.

-CITE-

10 USC Sec. 2010 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 101 - TRAINING GENERALLY

-HEAD-

Sec. 2010. Participation of developing countries in combined

exercises: payment of incremental expenses

-STATUTE-

(a) The Secretary of Defense, after consultation with the

Secretary of State, may pay the incremental expenses of a

developing country that are incurred by that country as the direct

result of participation in a bilateral or multilateral military

exercise if -

(1) the exercise is undertaken primarily to enhance the

security interests of the United States; and

(2) the Secretary of Defense determines that the participation

by such country is necessary to the achievement of the

fundamental objectives of the exercise and that those objectives

cannot be achieved unless the United States provides the

incremental expenses incurred by such country.

(b) The Secretary of Defense shall submit to Congress a report

each year, not later than March 1, containing -

(1) a list of the developing countries for which expenses have

been paid by the United States under this section during the

preceding year; and

(2) the amounts expended on behalf of each government.

(c) The Secretary of Defense shall establish by regulation such

accounting procedures as may be necessary to ensure that funds

expended under this section are properly expended.

(d) In this section, the term ''incremental expenses'' means the

reasonable and proper cost of the goods and services that are

consumed by a developing country as a direct result of that

country's participation in a bilateral or multilateral military

exercise with the United States, including rations, fuel, training

ammunition, and transportation. Such term does not include pay,

allowances, and other normal costs of such country's personnel.

-SOURCE-

(Added Pub. L. 99-661, div. A, title XIII, Sec. 1321(a)(1), Nov.

14, 1986, 100 Stat. 3988; amended Pub. L. 105-85, div. A, title X,

Sec. 1073(a)(35), Nov. 18, 1997, 111 Stat. 1902.)

-MISC1-

AMENDMENTS

1997 - Subsec. (e). Pub. L. 105-85 struck out subsec. (e) which

read as follows: ''Not more than $13,400,000 may be obligated or

expended for the purposes of this section during fiscal years 1987

through 1991.''

-CITE-

10 USC Sec. 2011 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 101 - TRAINING GENERALLY

-HEAD-

Sec. 2011. Special operations forces: training with friendly

foreign forces

-STATUTE-

(a) Authority To Pay Training Expenses. - Under regulations

prescribed pursuant to subsection (c), the commander of the special

operations command established pursuant to section 167 of this

title and the commander of any other unified or specified combatant

command may pay, or authorize payment for, any of the following

expenses:

(1) Expenses of training special operations forces assigned to

that command in conjunction with training, and training with,

armed forces and other security forces of a friendly foreign

country.

(2) Expenses of deploying such special operations forces for

that training.

(3) In the case of training in conjunction with a friendly

developing country, the incremental expenses incurred by that

country as the direct result of such training.

(b) Purpose of Training. - The primary purpose of the training

for which payment may be made under subsection (a) shall be to

train the special operations forces of the combatant command.

(c) Regulations. - The Secretary of Defense shall prescribe

regulations for the administration of this section. The

regulations shall require that training activities may be carried

out under this section only with the prior approval of the

Secretary of Defense. The regulations shall establish accounting

procedures to ensure that the expenditures pursuant to this section

are appropriate.

(d) Definitions. - In this section:

(1) The term ''special operations forces'' includes civil

affairs forces and psychological operations forces.

(2) The term ''incremental expenses'', with respect to a

developing country, means the reasonable and proper cost of

rations, fuel, training ammunition, transportation, and other

goods and services consumed by such country, except that the term

does not include pay, allowances, and other normal costs of such

country's personnel.

(e) Reports. - Not later than April 1 of each year, the Secretary

of Defense shall submit to Congress a report regarding training

during the preceding fiscal year for which expenses were paid under

this section. Each report shall specify the following:

(1) All countries in which that training was conducted.

(2) The type of training conducted, including whether such

training was related to counter-narcotics or counter-terrorism

activities, the duration of that training, the number of members

of the armed forces involved, and expenses paid.

(3) The extent of participation by foreign military forces,

including the number and service affiliation of foreign military

personnel involved and physical and financial contribution of

each host nation to the training effort.

(4) The relationship of that training to other overseas

training programs conducted by the armed forces, such as military

exercise programs sponsored by the Joint Chiefs of Staff,

military exercise programs sponsored by a combatant command, and

military training activities sponsored by a military department

(including deployments for training, short duration exercises,

and other similar unit training events).

(5) A summary of the expenditures under this section resulting

from the training for which expenses were paid under this

section.

(6) A discussion of the unique military training benefit to

United States special operations forces derived from the training

activities for which expenses were paid under this section.

-SOURCE-

(Added Pub. L. 102-190, div. A, title X, Sec. 1052(a)(1), Dec. 5,

1991, 105 Stat. 1470; amended Pub. L. 104-106, div. A, title XV,

Sec. 1503(a)(18), Feb. 10, 1996, 110 Stat. 512; Pub. L. 105-261,

div. A, title X, Sec. 1062, Oct. 17, 1998, 112 Stat. 2129.)

-MISC1-

AMENDMENTS

1998 - Subsec. (c). Pub. L. 105-261, Sec. 1062(a), inserted after

first sentence ''The regulations shall require that training

activities may be carried out under this section only with the

prior approval of the Secretary of Defense.''

Subsec. (e)(5), (6). Pub. L. 105-261, Sec. 1062(b), added pars.

(5) and (6).

1996 - Subsec. (a). Pub. L. 104-106 substituted ''To'' for ''to''

in heading.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 166 of this title.

-CITE-

10 USC Sec. 2012 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 101 - TRAINING GENERALLY

-HEAD-

Sec. 2012. Support and services for eligible organizations and

activities outside Department of Defense

-STATUTE-

(a) Authority To Provide Services and Support. - Under

regulations prescribed by the Secretary of Defense, the Secretary

of a military department may in accordance with this section

authorize units or individual members of the armed forces under

that Secretary's jurisdiction to provide support and services to

non-Department of Defense organizations and activities specified in

subsection (e), but only if -

(1) such assistance is authorized by a provision of law (other

than this section); or

(2) the provision of such assistance is incidental to military

training.

(b) Scope of Covered Activities Subject to Section. - This

section does not -

(1) apply to the provision by the Secretary concerned, under

regulations prescribed by the Secretary of Defense, of customary

community relations and public affairs activities conducted in

accordance with Department of Defense policy; or

(2) prohibit the Secretary concerned from encouraging members

of the armed forces under the Secretary's jurisdiction to provide

volunteer support for community relations activities under

regulations prescribed by the Secretary of Defense.

(c) Requirement for Specific Request. - Assistance under

subsection (a) may only be provided if -

(1) the assistance is requested by a responsible official of

the organization to which the assistance is to be provided; and

(2) the assistance is not reasonably available from a

commercial entity or (if so available) the official submitting

the request for assistance certifies that the commercial entity

that would otherwise provide such services has agreed to the

provision of such services by the armed forces.

(d) Relationship to Military Training. - (1) Assistance under

subsection (a) may only be provided if the following requirements

are met:

(A) The provision of such assistance -

(i) in the case of assistance by a unit, will accomplish

valid unit training requirements; and

(ii) in the case of assistance by an individual member, will

involve tasks directly related to the specific military

occupational specialty of the member.

(B) The provision of such assistance will not adversely affect

the quality of training or otherwise interfere with the ability

of a member or unit of the armed forces to perform the military

functions of the member or unit.

(C) The provision of such assistance will not result in a

significant increase in the cost of the training.

(2) Subparagraph (A)(i) of paragraph (1) does not apply in a case

in which the assistance to be provided consists primarily of

military manpower and the total amount of such assistance in the

case of a particular project does not exceed 100 man-hours.

(e) Eligible Entities. - The following organizations and

activities are eligible for assistance under this section:

(1) Any Federal, regional, State, or local governmental entity.

(2) Youth and charitable organizations specified in section 508

of title 32.

(3) Any other entity as may be approved by the Secretary of

Defense on a case-by-case basis.

(f) Regulations. - The Secretary of Defense shall prescribe

regulations governing the provision of assistance under this

section. The regulations shall include the following:

(1) Rules governing the types of assistance that may be

provided.

(2) Procedures governing the delivery of assistance that

ensure, to the maximum extent practicable, that such assistance

is provided in conjunction with, rather than separate from,

civilian efforts.

(3) Procedures for appropriate coordination with civilian

officials to ensure that the assistance -

(A) meets a valid need; and

(B) does not duplicate other available public services.

(4) Procedures to ensure that Department of Defense resources

are not applied exclusively to the program receiving the

assistance.

(g) Treatment of Member's Participation in Provision of Support

or Services. - (1) The Secretary of a military department may not

require or request a member of the armed forces to submit for

consideration by a selection board (including a promotion board,

command selection board, or any other kind of selection board)

evidence of the member's participation in the provision of support

and services to non-Department of Defense organizations and

activities under this section or the member's involvement in, or

support of, other community relations and public affairs activities

of the armed forces.

(2) Paragraph (1) does not prevent a selection board from

considering material submitted voluntarily by a member of the armed

forces which provides evidence of the participation of that member

or another member in activities described in that paragraph.

(h) Advisory Councils. - (1) The Secretary of Defense shall

encourage the establishment of advisory councils at regional,

State, and local levels, as appropriate, in order to obtain

recommendations and guidance concerning assistance under this

section from persons who are knowledgeable about regional, State,

and local conditions and needs.

(2) The advisory councils should include officials from relevant

military organizations, representatives of appropriate local,

State, and Federal agencies, representatives of civic and social

service organizations, business representatives, and labor

representatives.

(3) The Federal Advisory Committee Act (5 U.S.C. App.) shall not

apply to such councils.

(i) Construction of Provision. - Nothing in this section shall be

construed as authorizing -

(1) the use of the armed forces for civilian law enforcement

purposes or for response to natural or manmade disasters; or

(2) the use of Department of Defense personnel or resources for

any program, project, or activity that is prohibited by law.

(j) Oversight and Cost Accounting. - The Secretary of Defense

shall establish a program to improve the oversight and cost

accounting of training projects conducted in accordance with this

section. The program shall include measures to accomplish the

following:

(1) Ensure that each project that is proposed to be conducted

in accordance with this section (regardless of whether additional

funding from the Secretary of Defense is sought) is requested in

writing, reviewed for full compliance with this section, and

approved in advance of initiation by the Secretary of the

military department concerned and, in the case of a project that

seeks additional funding from the Secretary of Defense, by the

Secretary of Defense.

(2) Ensure that each project that is conducted in accordance

with this section is required to provide, within a specified

period following completion of the project, an after-action

report to the Secretary of Defense.

(3) Require that each application for a project to be conducted

in accordance with this section include an analysis and

certification that the proposed project would not result in a

significant increase in the cost of training (as determined in

accordance with procedures prescribed by the Secretary of

Defense).

(4) Determine the total program cost for each project,

including both those costs that are borne by the military

departments from their own accounts and those costs that are

borne by defense-wide accounts.

(5) Provide for oversight of project execution to ensure that a

training project under this section is carried out in accordance

with the proposal for that project as approved.

-SOURCE-

(Added Pub. L. 104-106, div. A, title V, Sec. 572(a)(1), Feb. 10,

1996, 110 Stat. 353; amended Pub. L. 105-85, div. A, title V, Sec.

594, Nov. 18, 1997, 111 Stat. 1764; Pub. L. 105-261, div. A, title

V, Sec. 525(a), Oct. 17, 1998, 112 Stat. 2014.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec.

(h)(3), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,

which is set out in the Appendix to Title 5, Government

Organization and Employees.

-MISC2-

AMENDMENTS

1998 - Subsec. (j). Pub. L. 105-261 added subsec. (j).

1997 - Subsecs. (g) to (i). Pub. L. 105-85 added subsec. (g) and

redesignated former subsecs. (g) and (h) as (h) and (i),

respectively.

IMPLEMENTATION

Pub. L. 105-261, div. A, title V, Sec. 525(b), Oct. 17, 1998,

112 Stat. 2014, as amended by Pub. L. 106-65, div. A, title X,

Sec. 1066(b)(4), Oct. 5, 1999, 113 Stat. 772, provided that: ''The

Secretary of Defense may not initiate any project under section

2012 of title 10, United States Code, after October 1, 1998, until

the program required by subsection (j) of that section (as added by

subsection (a)) has been established.''

TERMINATION OF FUNDING FOR OFFICE OF CIVIL-MILITARY PROGRAMS IN

OFFICE OF THE SECRETARY OF DEFENSE

Section 574 of Pub. L. 104-106 provided that: ''No funds may be

obligated or expended after the date of the enactment of this Act

(Feb. 10, 1996) (1) for the office that as of the date of the

enactment of this Act is designated, within the Office of the

Assistant Secretary of Defense for Reserve Affairs, as the Office

of Civil-Military Programs, or (2) for any other entity within the

Office of the Secretary of Defense that has an exclusive or

principal mission of providing centralized direction for activities

under section 2012 of title 10, United States Code, as added by

section 572.''

-CITE-

10 USC Sec. 2013 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 101 - TRAINING GENERALLY

-HEAD-

Sec. 2013. Training at non-Government facilities

-STATUTE-

(a) Authority To Enter Into Agreements. - (1) The Secretary

concerned, without regard to section 3709 of the Revised Statutes

(41 U.S.C. 5), may make agreements or other arrangements for the

training of members of the uniformed services under the

jurisdiction of that Secretary by, in, or through non-Government

facilities.

(2) In this section, the term ''non-Government facility'' means

any of the following:

(A) The government of a State or of a territory or possession

of the United States, including the Commonwealth of Puerto Rico,

an interstate governmental organization, and a unit, subdivision,

or instrumentality of any of the foregoing.

(B) A foreign government or international organization, or

instrumentality of either, which is designated by the President

as eligible to provide training under this section.

(C) A medical, scientific, technical, educational, research, or

professional institution, foundation, or organization.

(D) A business, commercial, or industrial firm, corporation,

partnership, proprietorship, or other organization.

(E) Individuals other than civilian or military personnel of

the Government.

(F) The services and property of any of the foregoing providing

the training.

(b) Expenses. - The Secretary concerned, from appropriations or

other funds available to the Secretary, may -

(1) pay all or a part of the pay of a member of a uniformed

service who is selected and assigned for training under this

section, for the period of training; and

(2) pay, or reimburse the member of a uniformed service for,

all or a part of the necessary expenses of the training (without

regard to subsections (a) and (b) of section 3324 of title 31),

including among those expenses the necessary costs of the

following:

(A) Travel and per diem instead of subsistence under sections

404 and 405 of title 37 and the Joint Travel Regulations for

the Uniformed Services.

(B) Transportation of immediate family, household goods and

personal effects, packing, crating, temporarily storing,

draying, and unpacking under sections 406 and 409 of title 37

and the Joint Travel Regulations for the Uniformed Services

when the estimated costs of transportation and related services

are less than the estimated aggregate per diem payments for the

period of training.

(C) Tuition and matriculation fees.

(D) Library and laboratory services.

(E) Purchase or rental of books, materials, and supplies.

(F) Other services or facilities directly related to the

training of the member.

(c) Certain Expenses Excluded. - The expenses of training do not

include membership fees except to the extent that the fee is a

necessary cost directly related to the training itself or that

payment of the fee is a condition precedent to undergoing the

training.

-SOURCE-

(Added Pub. L. 104-201, div. A, title III, Sec. 362(a)(1), Sept.

23, 1996, 110 Stat. 2491.)

-MISC1-

EFFECTIVE DATE

Section 362(b) of Pub. L. 104-201 provided that: ''Section 2013

of title 10, United States Code, as added by subsection (a), shall

take effect on October 1, 1996.''

-CITE-

10 USC Sec. 2014 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 101 - TRAINING GENERALLY

-HEAD-

Sec. 2014. Administrative actions adversely affecting military

training or other readiness activities

-STATUTE-

(a) Congressional Notification. - Whenever an official of an

Executive agency takes or proposes to take an administrative action

that, as determined by the Secretary of Defense in consultation

with the Chairman of the Joint Chiefs of Staff, affects training or

any other readiness activity in a manner that has or would have a

significant adverse effect on the military readiness of any of the

armed forces or a critical component thereof, the Secretary shall

submit a written notification of the action and each significant

adverse effect to the head of the Executive agency taking or

proposing to take the administrative action. At the same time, the

Secretary shall transmit a copy of the notification to the

President, the Committee on Armed Services of the Senate, and the

Committee on Armed Services of the House of Representatives.

(b) Notification To Be Prompt. - (1) Subject to paragraph (2),

the Secretary shall submit a written notification of an

administrative action or proposed administrative action required by

subsection (a) as soon as possible after the Secretary becomes

aware of the action or proposed action.

(2) The Secretary shall prescribe policies and procedures to

ensure that the Secretary receives information on an administrative

action or proposed administrative action described in subsection

(a) promptly after Department of Defense personnel receive notice

of such an action or proposed action.

(c) Consultation Between Secretary and Head of Executive Agency.

- Upon notification with respect to an administrative action or

proposed administrative action under subsection (a), the head of

the Executive agency concerned shall -

(1) respond promptly to the Secretary; and

(2) consistent with the urgency of the training or readiness

activity involved and the provisions of law under which the

administrative action or proposed administrative action is being

taken, seek to reach an agreement with the Secretary on immediate

actions to attain the objective of the administrative action or

proposed administrative action in a manner which eliminates or

mitigates the adverse effects of the administrative action or

proposed administrative action upon the training or readiness

activity.

(d) Moratorium. - (1) Subject to paragraph (2), upon notification

with respect to an administrative action or proposed administrative

action under subsection (a), the administrative action or proposed

administrative action shall cease to be effective with respect to

the Department of Defense until the earlier of -

(A) the end of the five-day period beginning on the date of the

notification; or

(B) the date of an agreement between the head of the Executive

agency concerned and the Secretary as a result of the

consultations under subsection (c).

(2) Paragraph (1) shall not apply with respect to an

administrative action or proposed administrative action if the head

of the Executive agency concerned determines that the delay in

enforcement of the administrative action or proposed administrative

action will pose an actual threat of an imminent and substantial

endangerment to public health or the environment.

(e) Effect of Lack of Agreement. - (1) If the head of an

Executive agency and the Secretary do not enter into an agreement

under subsection (c)(2), the Secretary shall submit a written

notification to the President who shall take final action on the

matter.

(2) Not later than 30 days after the date on which the President

takes final action on a matter under paragraph (1), the President

shall submit to the committees referred to in subsection (a) a

notification of the action.

(f) Limitation on Delegation of Authority. - The head of an

Executive agency may not delegate any responsibility under this

section.

(g) Definition. - In this section, the term ''Executive agency''

has the meaning given such term in section 105 of title 5, except

that the term does not include the General Accounting Office.

-SOURCE-

(Added Pub. L. 105-85, div. A, title III, Sec. 325(a), Nov. 18,

1997, 111 Stat. 1678; amended Pub. L. 106-65, div. A, title X,

Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)

-MISC1-

AMENDMENTS

1999 - Subsec. (a). Pub. L. 106-65 substituted ''and the

Committee on Armed Services'' for ''and the Committee on National

Security''.

-CITE-