10 U.S.C. § 511 — College First Program

Page 535 TITLE 10—ARMED FORCES § 511 stituted ‘‘subparagraphs (A) through (E)’’ for ‘‘subpara- graphs (A) through (D)’’. 2017—Subsec. (i). Pub. L. 115–91 inserted ‘‘or 373’’ be- fore ‘‘of title 37’’. 2006—Subsec. (c)(3)(D). Pub. L. 109–163, § 545(a), sub- stituted ‘‘in Americorps or another domestic national service program’’ for ‘‘in the Peace Corps, Americorps, or another national service program’’. Subsec. (d). Pub. L. 109–163, § 545(b), as amended by Pub. L. 109–364, inserted ‘‘and shall include military oc- cupational specialties for enlistments for officer train- ing and subsequent service as an officer, in cases in which the reason for the enlistment and entry into an agreement under subsection (b) is to enter an officer training program’’ before period at end. Subsec. (h)(2). Pub. L. 109–163, § 545(c), amended par. (2) generally. Prior to amendment, par. (2) read as fol- lows: ‘‘(2)(A) The Secretary of Defense shall, to the max- imum extent practicable, administer the receipt by Na- tional Call to Service participants of incentives under paragraph (3) or (4) of subsection (e) as if such National Call to Service participants were, in receiving such in- centives, receiving educational assistance for members of the Selected Reserve under chapter 1606 of this title. ‘‘(B) The Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, prescribe regu- lations for purposes of subparagraph (A). Such regula- tions shall, to the maximum extent practicable, take into account the administrative provisions of chapters 30 and 36 of title 38 that are specified in section 16136 of this title.’’ Subsec. (i). Pub. L. 109–163, § 687(c)(1), amended head- ing and text of subsec. (i) generally. Prior to amend- ment, text consisted of pars. (1) to (4) which related to pro rata repayments by failed National Call to Service participants, the nature of the debt owed, waiver and discharge in bankruptcy. 2003—Subsec. (j). Pub. L. 108–136 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ‘‘Amounts for pay- ment of incentives under subsection (e), including pay- ment of allowances for educational assistance under that subsection, shall be derived from amounts avail- able to the Secretary of the military department con- cerned for payment of pay, allowances, and other ex- penses of the members of the armed force concerned.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–364, div. A, title X, § 1071(e), Oct. 17, 2006, 120 Stat. 2401, provided that the amendment made by section 1071(e)(2) is effective as of Jan. 6, 2006, and as if included in Pub. L. 109–163 as enacted. SAVINGS PROVISION Pub. L. 109–163, div. A, title VI, § 687(f), Jan. 6, 2006, 119 Stat. 3336, provided that: ‘‘In the case of any bonus, incentive pay, special pay, or similar payment, such as education assistance or a stipend, which the United States became obligated to pay before April 1, 2006, under a provision of law amended by subsection (b), (c), or (d) of this section [amending this section and sec- tions 2005, 2007, 2105, 2123, 2130a, 2173, 2200a, 4348, 6959, 9348, 16135, 16203, 16303, and 16401 of this title, section 182 of Title 14, Coast Guard, and sections 301b, 301d, 301e, 302, 302a, 302b, 302d to 302h, 302j, 307a, 308, 308b, 308c, 308g to 308i, 309, 312, 312b, 314 to 319, and 321 to 327 of Title 37, Pay and Allowances of the Uniformed Services], such provision of law, as in effect on the day before the date of the enactment of this Act [Jan. 6, 2006], shall continue to apply to the payment, or any repayment, of the bonus, incentive pay, special pay, or similar pay- ment under such provision of law.’’ 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 relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. COMMENCEMENT OF PROGRAM Pub. L. 107–314, div. A, title V, § 531(b), Dec. 2, 2002, 116 Stat. 2544, directed the Secretary of Defense to pre- scribe the date, not later than Oct. 1, 2003, on which the program provided for under this section was to com- mence. IMPLEMENTATION REPORT Pub. L. 107–314, div. A, title V, § 531(d), Dec. 2, 2002, 116 Stat. 2544, directed the Secretary of Defense to submit to the Committees on Armed Services of the Senate and House of Representatives, no later than Mar. 31, 2003, a report on the Secretary’s plans for implementa- tion of this section. EFFECTIVENESS REPORTS Pub. L. 107–314, div. A, title V, § 531(e), Dec. 2, 2002, 116 Stat. 2545, directed the Secretary of Defense to submit to the Committees on Armed Services of the Senate and House of Representatives, no later than Mar. 31, 2005, and Mar. 31, 2007, reports on the effectiveness of the program under this section in attracting new re- cruits to national service. § 511. College First Program (a) PROGRAM AUTHORITY.—The Secretary of each military department may establish a pro- gram to increase the number of, and the level of the qualifications of, persons entering the armed forces as enlisted members by encouraging re- cruits to pursue higher education or vocational or technical training before entry into active service. (b) DELAYED ENTRY WITH ALLOWANCE FOR HIGHER EDUCATION.—The Secretary concerned may— (1) exercise the authority under section 513 of this title— (A) to accept the enlistment of a person as a Reserve for service in the Selected Reserve or Individual Ready Reserve of a reserve component, or as a member of the Space Force, notwithstanding the scope of the au- thority under subsection (a) of that section, in the case of the Army National Guard of the United States or Air National Guard of the United States; and (B) to authorize, notwithstanding the pe- riod limitation in subsection (b) of that sec- tion, a delay of the enlistment of any such person in a regular component under that subsection for the period during which the person is enrolled in, and pursuing a pro- gram of education at, an institution of high- er education, or a program of vocational or technical training, on a full-time basis that is to be completed within the maximum pe- riod of delay determined for that person under subsection (c); and (2) subject to paragraph (2) of subsection (d) and except as provided in paragraph (3) of that subsection, pay an allowance to a person ac- cepted for enlistment under paragraph (1)(A) for each month of the period during which that person is enrolled in and pursuing a pro- gram described in paragraph (1)(B). Page 536 TITLE 10—ARMED FORCES [§ 512 (c) MAXIMUM PERIOD OF DELAY.—The period of delay authorized a person under paragraph (1)(B) of subsection (b) may not exceed the 30-month period beginning on the date of the person’s en- listment accepted under paragraph (1)(A) of such subsection. (d) ALLOWANCE.—(1) The monthly allowance paid under subsection (b)(2) shall be equal to the amount of the subsistence allowance provided for certain members of the Senior Reserve Offi- cers’ Training Corps with the corresponding number of years of participation under section 209(a) of title 37. The Secretary concerned may supplement that stipend by an amount not to exceed $225 per month. (2) An allowance may not be paid to a person under this section for more than 24 months. (3) A member of the Selected Reserve of a re- serve component may be paid an allowance under this section only for months during which the member performs satisfactorily as a member of a unit of the reserve component that trains as prescribed in section 10147(a)(1) of this title or section 502(a) of title 32. Satisfactory perform- ance shall be determined under regulations pre- scribed by the Secretary concerned. (4) An allowance under this section is in addi- tion to any other pay or allowance to which a member of a reserve component is entitled by reason of participation in the Ready Reserve of that component. (e) RECOUPMENT OF ALLOWANCE.—(1) A person who, after receiving an allowance under this sec- tion, fails to complete the total period of service required of that person in connection with de- layed entry authorized for the person under sec- tion 513 shall repay the United States the amount which bears the same ratio to the total amount of that allowance paid to the person as the unserved part of the total required period of service bears to the total period. (2) An obligation to repay the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. (3) A discharge of a person in bankruptcy under title 11 that is entered less than five years after the date on which the person was, or was to be, enlisted in the regular Army pursuant to the delayed entry authority under section 513 does not discharge that person from a debt aris- ing under paragraph (1). (4) The Secretary concerned may waive, in whole or in part, a debt arising under paragraph (1) in any case for which the Secretary deter- mines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States. (f) SPECIAL PAY AND BONUSES.—Upon enlisting in the regular component of the member’s armed force, a person who initially enlisted as a Reserve under this section may, at the discre- tion of the Secretary concerned, be eligible for all regular special pays, bonuses, education ben- efits, and loan repayment programs. (Added Pub. L. 108–375, div. A, title V, § 551(a)(1), Oct. 28, 2004, 118 Stat. 1909; amended Pub. L. 118–31, div. A, title XVII, § 1717(b)(6), Dec. 22, 2023, 137 Stat. 655.) Editorial Notes PRIOR PROVISIONS A prior section 511 was renumbered section 12103 of this title. AMENDMENTS 2023—Subsec. (b)(1)(A). Pub. L. 118–31 inserted ‘‘or as a member of the Space Force,’’ after ‘‘reserve compo- nent,’’. Statutory Notes and Related Subsidiaries CONTINUATION FOR ARMY OF PRIOR ARMY COLLEGE FIRST PROGRAM Pub. L. 108–375, div. A, title V, § 551(b), Oct. 28, 2004, 118 Stat. 1911, provided that: ‘‘The Secretary of the Army shall treat the program under section 511 of title 10, United States Code, as added by subsection (a), as a continuation of the program under section 573 of the National Defense Authorization Act for Fiscal Year 2000 [Pub. L. 106–65] ([formerly] 10 U.S.C. 513 note), and for such purpose the Secretary may treat such section 511 as having been enacted on October 1, 2004.’’ [§ 512. Renumbered § 12104] § 513. Enlistments: Delayed Entry Program (a) A person with no prior military service who is qualified under section 505 of this title and applicable regulations for enlistment in a regular component of an armed force, or who is qualified under section 20301 of this title and ap- plicable regulations for enlistment in the Space Force, may (except as provided in subsection (c)) be enlisted as a Reserve for service in the Army Reserve, Navy Reserve, Air Force Reserve, Ma- rine Corps Reserve, or Coast Guard Reserve, or be enlisted as a member of the Space Force, for a term of not less than six years nor more than eight years. (b)(1) Unless sooner ordered to active duty under chapter 39 of this title or another provi- sion of law, a person enlisted under subsection (a) shall, within 365 days after such enlistment, be discharged from the reserve component in which enlisted and immediately be enlisted in the regular component of an armed force. (2) The Secretary concerned may extend the 365-day period described in paragraph (1) for any person for up to an additional 365 days if the Secretary determines that it is in the best inter- ests of the armed force of which that person is a member to do so. (3)(A) The Secretary concerned may extend by up to an additional 365 days the period of exten- sion under paragraph (2) for a person who en- listed before October 1, 2017, under section 504(b)(2) of this title if the Secretary determines that the period of extension under this para- graph is required for the performance of ade- quate background and security reviews of that person. (B) A person whose period of extension under paragraph (2) is extended under this paragraph shall undergo all security and suitability screen- ing requirements and receive a favorable mili- tary security suitability determination before entering into service in a regular or reserve component. Screening priority shall be given to those persons who were enlisted for a military occupational specialty that requires specialized language or medical skills that are vital to the national interest.