(d)
(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.
Amendments
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).
Effective 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.