10 U.S.C. § 513 — Enlistments: Delayed Entry Program

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. Page 537 TITLE 10—ARMED FORCES § 514 (C) The authority to make an extension under this paragraph shall expire one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2018. The expi- ration of such authority shall not effect the va- lidity of any extension made in accordance with this paragraph on or before that date. (4) During the period beginning on the date on which the person enlists under subsection (a) and ending on the date on which the person is enlisted in a regular component under this sub- section, the person shall be in the Ready Re- serve of the armed force concerned. (c) A person who is under orders to report for induction into an armed force under the Mili- tary Selective Service Act (50 U.S.C. 3801 et seq.), except as provided in clause (ii) or (iii) of section 6(c)(2)(A) of that Act (50 U.S.C. 3806(c)(2)(A)), may not be enlisted under sub- section (a). (d) This section shall be carried out under reg- ulations to be prescribed by the Secretary of De- fense or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy. (Added Pub. L. 101–189, div. A, title V, § 501(a)(1), Nov. 29, 1989, 103 Stat. 1435; amended Pub. L. 101–510, div. A, title XIV, § 1484(k)(2), Nov. 5, 1990, 104 Stat. 1719; Pub. L. 104–201, div. A, title V, § 512, Sept. 23, 1996, 110 Stat. 2514; Pub. L. 106–65, div. A, title V, § 572(a), Oct. 5, 1999, 113 Stat. 623; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 109–163, div. A, title V, § 515(b)(1)(A), Jan. 6, 2006, 119 Stat. 3233; Pub. L. 114–328, div. A, title X, § 1081(b)(1)(A)(ii), Dec. 23, 2016, 130 Stat. 2417; Pub. L. 115–91, div. A, title V, § 526, Dec. 12, 2017, 131 Stat. 1382; Pub. L. 118–31, div. A, title XVII, § 1717(b)(7), Dec. 22, 2023, 137 Stat. 655.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the National Defense Authorization Act for Fiscal Year 2018, referred to in subsec. (b)(3)(C), means the date of enactment of Pub. L. 115–91, which was approved Dec. 12, 2017. The Military Selective Service Act, referred to in subsec. (c), is title I of act June 24, 1948, ch. 625, 62 Stat. 604, which is classified principally to chapter 49 (§ 3801 et seq.) of Title 50, War and National Defense. For com- plete classification of this Act to the Code, see Ref- erences in Text note set out under section 3801 of Title 50 and Tables. PRIOR PROVISIONS A prior section 513, act Aug. 10, 1956, ch. 1041, 70A Stat. 18, related to promotion of enlisted members of Reserve components, prior to repeal by Pub. L. 85–861, § 36B(1), Sept. 2, 1958, 72 Stat. 1570. AMENDMENTS 2023—Subsec. (a). Pub. L. 118–31 inserted ‘‘, or who is qualified under section 20301 of this title and applicable regulations for enlistment in the Space Force,’’ after ‘‘armed force’’ and ‘‘, or be enlisted as a member of the Space Force,’’ after ‘‘Coast Guard Reserve’’. 2017—Subsec. (b). Pub. L. 115–91 redesignated second sentence of par. (1) as (2) and inserted ‘‘described in paragraph (1)’’ after ‘‘the 365-day period’’, added par. (3), and redesignated former par. (2) as (4) and sub- stituted ‘‘this subsection’’ for ‘‘paragraph (1)’’. 2016—Subsec. (c). Pub. L. 114–328 substituted ‘‘(50 U.S.C. 3801 et seq.)’’ for ‘‘(50 U.S.C. App. 451 et seq.)’’ and inserted ‘‘(50 U.S.C. 3806(c)(2)(A))’’ after ‘‘of that Act’’. 2006—Subsec. (a). Pub. L. 109–163 substituted ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’. 2002—Subsec. (d). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. 1999—Subsec. (b)(1). Pub. L. 106–65 substituted ‘‘addi- tional 365 days’’ for ‘‘additional 180 days’’ in second sentence. 1996—Subsec. (b). Pub. L. 104–201 inserted ‘‘The Sec- retary concerned may extend the 365-day period for any person for up to an additional 180 days if the Secretary determines that it is in the best interests of the armed force of which that person is a member to do so.’’ after first sentence, ‘‘(1)’’ before ‘‘Unless’’, and ‘‘(2)’’ before ‘‘During’’ and substituted ‘‘paragraph (1)’’ for ‘‘the pre- ceding sentence’’. 1990—Subsecs. (b), (c). Pub. L. 101–510 substituted ‘‘subsection (a)’’ for ‘‘paragraph (1)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–65, div. A, title V, § 572(b), Oct. 5, 1999, 113 Stat. 623, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect on October 1, 1999, and shall apply with respect to enlist- ments entered into, on or after that date.’’ ARMY COLLEGE FIRST PILOT PROGRAM Pub. L. 106–65, div. A, title V, § 573, Oct. 5, 1999, 113 Stat. 623, as amended by Pub. L. 107–107, div. A, title V, § 542(a)–(c), Dec. 28, 2001, 115 Stat. 1110, 1111; Pub. L. 107–314, div. A, title V, § 535, title X, § 1062(j)(1), Dec. 2, 2002, 116 Stat. 2548, 2651, directed the Secretary of the Army to establish a pilot program, known as the ‘‘Army College First’’ program, to be in effect from Oct. 1, 1999, to Sept. 30, 2004, to assess whether the Army could increase the number and qualifications of persons entering the Army as enlisted members by en- couraging recruits to pursue higher education or voca- tional or technical training before entry into active service, and to submit to committees of Congress a re- port on the program not later than Feb. 1, 2004. See sec- tion 511 of this title and section 551(b) of Pub. L. 108–375, set out as a note under section 511 of this title. § 514. Bounties prohibited; substitutes prohibited (a) No bounty may be paid to induce any per- son to enlist in an armed force. A clothing al- lowance or enlistment bonus authorized by law is not a bounty for the purposes of this sub- section. (b) No person liable for active duty in an armed force under this subtitle may furnish a substitute for that active duty. No person may be enlisted or appointed in an armed force as a substitute for another person. (Aug. 10, 1956, ch. 1041, 70A Stat. 19.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 514(a) ...... 514(b) ...... 50 App.:458 (1st sentence, less applicability to in- duction). 50 App.:458 (last sen- tence, less applica- bility to induction). June 24, 1948, ch. 625, § 8 (less applicability to induction), 62 Stat. 614. In subsection (b), the words ‘‘active duty’’ are sub- stituted for the words ‘‘training and service’’. The word