10 U.S.C. § 2005 — Advanced education assistance: active

Page 1637 TITLE 10—ARMED FORCES § 2005 § 2004b. Detail of commissioned officers as stu- dents at schools of psychology (a) DETAIL AUTHORIZED.—The Secretary of each military department may detail commis- sioned 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 train- ing 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 sep- arated the officer will— (A) complete the educational course of psychological training; (B) accept transfer or detail as a commis- sioned officer within the military depart- ment 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 pro- vided in paragraph (2), the agreement of an offi- cer 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 com- plete the service obligation that remains upon separation from active duty in the Selected Re- serve. 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 ob- ligation that was not completed before separa- tion from active duty. (d) SELECTION OF OFFICERS FOR DETAIL.—Offi- cers 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 obli- gation incurred by an officer under an agree- ment 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 depart- ment concerned. (g) FAILURE TO COMPLETE PROGRAM.—(1) An of- ficer who is dropped from a program of psycho- logical training to which detailed under sub- section (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 de- tailing an officer of the armed forces to an ac- credited 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 sub- section shall affect any agreement entered into during any period when the President is not au- thorized by law to so induct persons into the armed forces. (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 AMENDMENTS 2011—Subsec. (b)(1). Pub. L. 111–383 substituted ‘‘pay grade O–3’’ for ‘‘pay grade 0–3’’. § 2005. Advanced education assistance: active duty agreement; reimbursement require- ments (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 ac- tive duty for a period specified in the agree- ment; (2) that if such person fails to complete the education requirements specified in the agree- ment, such person will serve on active duty for a period specified in the agreement; (3) that if such person does not complete the period of active duty specified in the agree- ment, or does not fulfill any term or condition prescribed pursuant to paragraph (4), such per- son shall be subject to the repayment provi- sions of section 303a(e) or 373 of title 37; and (4) to such other terms and conditions as the Secretary concerned may prescribe to protect the interest of the United States. (b) The Secretary concerned shall determine the period of active duty to be served by any person for advanced education assistance to be provided such person by an armed force, except that if the period of active duty required to be served is specified under another provision of law with respect to the advanced education as- sistance to be provided, the period specified in the agreement referred to in subsection (a) shall be the same as the period specified in such other provision of law. (c) As a condition of the Secretary concerned providing financial assistance under section 2107 or 2107a of this title to any person, the Sec- retary concerned shall require that the person enter into the agreement described in subsection Page 1638 TITLE 10—ARMED FORCES § 2006 (a). In addition to the requirements of para- graphs (1) through (4) of such subsection, the agreement shall specify that, if the person does not complete the education requirements speci- fied in the agreement or does not fulfill any term or condition prescribed pursuant to para- graph (4) of such subsection, the person shall be subject to the repayment provisions of section 303a(e) or 373 of title 37 without the Secretary first ordering such person to active duty as pro- vided for under subsection (a)(2) and sections 2107(f) and 2107a(f) of this title. (d) In this section: (1) The term ‘‘advanced education’’ means education or training above the secondary school level but does not include technical training provided to a member of the armed forces to qualify such member to perform a specified military function, to workshops, or to short-term training programs. (2) The term ‘‘assistance’’ means the direct provision of any course of advanced education by the Secretary concerned, reimbursement by the Secretary concerned for any course of ad- vanced education provided by another depart- ment or agency of the Federal Government, or the payment, in whole or in part, by the Sec- retary 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 regula- tions prescribed by the Secretary concerned, directly attributable to the education of the person to whom a course of advanced edu- cation is provided, including the cost of tui- tion and other fees (or, if none is charged, an amount determined by the Secretary con- cerned to be a reasonable charge for the edu- cation provided), the cost of books, supplies, transportation, and miscellaneous expenses, and the cost of room and board, but such term does not include pay or allowances under title 37 or a stipend under section 2121 of this title. (Added Pub. L. 96–357, § 2(a), Sept. 24, 1980, 94 Stat. 1180; amended Pub. L. 98–94, title X, § 1003(b)(1), title XII, § 1268(10), Sept. 24, 1983, 97 Stat. 656, 706; Pub. L. 100–180, div. A, title XII, § 1231(17), Dec. 4, 1987, 101 Stat. 1161; Pub. L. 101–510, div. A, title V, § 534, Nov. 5, 1990, 104 Stat. 1564; Pub. L. 103–160, div. A, title V, § 573(a), Nov. 30, 1993, 107 Stat. 1673; Pub. L. 109–163, div. A, title VI, § 687(c)(2), Jan. 6, 2006, 119 Stat. 3333; Pub. L. 115–91, div. A, title VI, § 618(a)(1)(B), Dec. 12, 2017, 131 Stat. 1426.) Editorial Notes AMENDMENTS 2017—Subsecs. (a)(3), (c). Pub. L. 115–91 inserted ‘‘or 373’’ before ‘‘of title 37’’. 2006—Subsec. (a)(3). Pub. L. 109–163, § 687(c)(2)(A), added par. (3) and struck out former par. (3) which read as follows: ‘‘that if such person, voluntarily or because of misconduct, fails to complete the period of active duty specified in the agreement, or fails to fulfill any term or condition prescribed pursuant to clause (4), such person will reimburse the United States in an amount that bears the same ratio to the total cost of advanced education provided such person as the unserved portion of active duty bears to the total pe- riod 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) re- lating 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 sub- sec. (g), and modification of agreements by the Sec- retary 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 pur- suant to clause (4),’’ after ‘‘agreement,’’. Subsec. (f)(1). Pub. L. 101–510, § 534(2), inserted ‘‘or fails to fulfill any term or condition prescribed pursu- ant to clause (4) of such subsection,’’ after ‘‘agree- ment,’’. 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 ‘‘sub- section (a)’’. Subsec. (d). Pub. L. 98–94, § 1268(10)(A), struck out ‘‘of this section’’ after ‘‘subsection (a)’’. Subsec. (e). Pub. L. 98–94, § 1268(10)(B), substituted a colon for a dash after ‘‘In this section’’ preceding par. (1). Subsec. (f). Pub. L. 98–94, § 1003(b)(1), added subsec. (f). Statutory Notes and Related Subsidiaries 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 sub- section (a), shall apply with respect to persons sepa- rated from the Armed Forces after the date of the en- actment 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 repay- ment of any bonus, incentive pay, special pay, or simi- lar 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. § 2006. Department of Defense Education Bene- fits Fund (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 accu- mulation of funds in order to finance armed forces education liabilities on an actuarially sound basis.