10 U.S.C. § 2004b

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 2004b - Detail of commissioned officers as students at schools of psychology
(a) DETAIL AUTHORIZED.-The Secretary of each military department may detail commissioned officers of the armed forces as students at accredited schools of psychology located in the United States for a period of training leading to the degree of Doctor of Philosophy in clinical psychology. No more than 25 officers from each military department may commence such training in any single fiscal year.
(b) ELIGIBILITY FOR DETAIL.-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 the officer will-
(A) complete the educational course of psychological training;
(B) accept transfer or detail as a commissioned officer within the military department concerned when the officer's training is completed; and
(C) agree to serve, following completion of the officer's training, on active duty (or on active duty and in the Selected Reserve) for a period as specified pursuant to subsection (c).
(c) SERVICE OBLIGATION.-
(1) Except as provided in paragraph (2), the agreement of an officer under subsection (b) shall provide that the officer shall serve on active duty for two years for each year or part thereof of the officer's training under subsection (a).
(2) The agreement of an officer may authorize the officer to serve a portion of the officer's service obligation on active duty and to complete the service obligation that remains upon separation from active duty in the Selected Reserve. Under any such agreement, an officer shall serve three years in the Selected Reserve for each year or part thereof of the officer's training under subsection (a) for any service obligation that was not completed before separation from active duty.
(d) SELECTION OF OFFICERS FOR DETAIL.-Officers detailed for training under subsection (a) shall be selected on a competitive basis by the Secretary of the military department concerned.
(e) RELATION OF SERVICE OBLIGATIONS TO OTHER SERVICE OBLIGATIONS.-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 the officer under any other provision of law or agreement.
(f) EXPENSES.-Expenses incident to the detail of officers under this section shall be paid from any funds appropriated for the military department concerned.
(g) FAILURE TO COMPLETE PROGRAM.-
(1) An officer who is dropped from a program of psychological training to which detailed under 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 on the officer under regulations issued by the Secretary of Defense for purposes of this section.
(2) In no case shall an officer be required to serve on active duty under paragraph (1) for any period in excess of one year for each year or part thereof the officer participated in the program.
(h) LIMITATION ON DETAILS.-No agreement detailing an officer of the armed forces to an accredited school of psychology may be entered into during any period in which 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. § 2004b

Added Pub. L. 111-84, div. A, title V, §521(a), Oct. 28, 2009, 123 Stat. 2283; amended Pub. L. 111-383, div. A, title X, §1075(b)(26), Jan. 7, 2011, 124 Stat. 4370.

EDITORIAL NOTES

AMENDMENTS2011-Subsec. (b)(1). Pub. L. 111-383 substituted "pay grade O-3" for "pay grade 0-3".

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.
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.
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.