10 U.S.C. § 2004

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 2004 - Detail as students at law schools; commissioned officers; certain enlisted members

(a) The Secretary of each military department may, under regulations prescribed by the Secretary of Defense, detail commissioned officers and enlisted members 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 juris doctor. No more than twenty-five officers and enlisted members from each military department may commence such training in any single fiscal year.

(b) To be eligible for detail under subsection (a), an officer or enlisted member must be a citizen of the United States and must-

(1) either-

(A) have served on active duty for a period of not less than two years nor more than six years and be an officer in the pay grade O-3 or below as of the time the training is to begin; or

(B) have served on active duty for a period of not less than four years nor more than eight years and be an enlisted member in the pay grade E-5, E-6, or E-7 as of the time the training is to begin;

(2) in the case of an enlisted member, meet all requirements for acceptance of a commission as a commissioned officer in the armed forces; and

(3) 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 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 and enlisted members 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 or enlisted member under an agreement entered into under subsection (b) shall be in addition to any service obligation incurred by any such officer or enlisted member under any other provision of law or agreement.

(d) Expenses incident to the detail of officers and enlisted members under this section shall be paid from any funds appropriated for the military department concerned.

(e) An officer or enlisted member 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 or enlisted member 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.

10 U.S.C. § 2004

Added Pub. L. 93-155, title VIII, §817(a), Nov. 16, 1973, 87 Stat. 621; amended Pub. L. 101-510, div. A, title XIV, §1484(i)(3)(A), Nov. 5, 1990, 104 Stat. 1718; Pub. L. 116-92, div. A, title V, §551(a), (b)(1), Dec. 20, 2019, 133 Stat. 1385, 1386; Pub. L. 116-283, div. A, title X, §1081(a)(34), Jan. 1, 2021, 134 Stat. 3872.

EDITORIAL NOTES

AMENDMENTS2021-Subsecs. (d), (e). Pub. L. 116-283 substituted "enlisted" for "enlistment".2019- Pub. L. 116-92, §551(b)(1), substituted "Detail as students at law schools; commissioned officers; certain enlisted members" for "Detail of commissioned officers as students at law schools" in section catchline. Subsec. (a). Pub. L. 116-92, §551(a)(1), inserted "and enlisted members" after "commissioned officers" and after "twenty-five officers" and struck out "bachelor of laws or" before "juris doctor". Subsec. (b). Pub. L. 116-92, §551(a)(2)(A), inserted "or enlisted member" after "officer" in introductory provisions.Subsec. (b)(1). Pub. L. 116-92, §551(a)(2)(B), added par. (1) and struck out former par. (1) which read as follows: "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". Subsec. (b)(2), (3). Pub. L. 116-92, §551(a)(2)(C), (D), added par. (2) and redesignated former par. (2) as (3).Subsec. (b)(3)(B). Pub. L. 116-92, §551(a)(2)(E), struck out "or law specialist" after "judge advocate".Subsec. (c). Pub. L. 116-92, §551(a)(3), inserted "and enlisted members" after "Officers" and, in two places, inserted "or enlisted member" after "officer". Subsec. (d). Pub. L. 116-92, §551(a)(4), inserted "and enlistment members" after "officers".Subsec. (e). Pub. L. 116-92, §551(a)(5), inserted "or enlistment member" after "officer". Subsec. (f). Pub. L. 116-92, §551(a)(6), inserted "or enlisted member" after "officer".1990- Pub. L. 101-510 struck out "of the military departments" after "officers" in section catchline.

STATUTORY NOTES AND RELATED SUBSIDIARIES

SELECTION OF OFFICERS IN MISSING STATUS FOR LEGAL TRAINING ON A NONCOMPETITIVE BASIS; EXEMPTION FROM NUMERICAL LIMITATIONS Pub. L. 94-106, title VIII, §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."

active duty: The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
armed forces: The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
commissioned officer: The term "commissioned officer" includes a commissioned warrant officer.
enlisted member: The term "enlisted member" means a person in an enlisted grade.
grade: The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
military departments: The term "military departments" means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
officer: The term "officer" means a commissioned or warrant officer.
pay: The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.