
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 542(a)-(c)]
[Document affected by Public Law 107-107 Section 542(a)-(c)]
[Document affected by Public Law 107-107 Section 542(d)]
[CITE: 10USC513]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                         CHAPTER 31--ENLISTMENTS
 
Sec. 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 may (except as provided in 
subsection (c)) be enlisted as a Reserve for service in the Army 
Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or 
Coast Guard Reserve 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 provision 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. The Secretary concerned may extend 
the 365-day period for any person for up to an additional 365 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.
    (2) 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 paragraph (1), the person shall 
be in the Ready Reserve of the armed force concerned.
    (c) A person who is under orders to report for induction into an 
armed force under the Military Selective Service Act (50 U.S.C. App. 451 
et seq.), except as provided in clause (ii) or (iii) of section 
6(c)(2)(A) of that Act, may not be enlisted under subsection (a).
    (d) This section shall be carried out under regulations to be 
prescribed by the Secretary of Defense or the Secretary of 
Transportation 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, Sec. 501(a)(1), Nov. 29, 1989, 
103 Stat. 1435; amended Pub. L. 101-510, div. A, title XIV, 
Sec. 1484(k)(2), Nov. 5, 1990, 104 Stat. 1719; Pub. L. 104-201, div. A, 
title V, Sec. 512, Sept. 23, 1996, 110 Stat. 2514; Pub. L. 106-65, div. 
A, title V, Sec. 572(a), Oct. 5, 1999, 113 Stat. 623.)

                       References in Text

    The Military Selective Service Act, referred to in subsec. (c), is 
act June 24, 1948, ch. 625, 62 Stat. 604, as amended, which is 
classified principally to section 451 et seq. of Title 50, Appendix, War 
and National Defense. Section 6 of the Act is classified to section 456 
of Title 50, Appendix. For complete classification of this Act to the 
Code, see References in Text note set out under section 451 of Title 50, 
Appendix, 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, Sec. 36B(1), Sept. 2, 1958, 72 Stat. 1570.


                               Amendments

    1999--Subsec. (b)(1). Pub. L. 106-65 substituted ``additional 365 
days'' for ``additional 180 days'' in second sentence.
    1996--Subsec. (b). Pub. L. 104-201 inserted ``The Secretary 
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 preceding 
sentence''.
    1990--Subsecs. (b), (c). Pub. L. 101-510 substituted ``subsection 
(a)'' for ``paragraph (1)''.


                    Effective Date of 1999 Amendment

    Pub. L. 106-65, div. A, title V, Sec. 572(b), Oct. 5, 1999, 113 
Stat. 623, provided that: ``The amendment made by subsection (a) 
[amending this section] shall take effect on October 1, 1999, and shall 
apply with respect to enlistments entered into, on or after that date.''


                    Army College First Pilot Program

    Pub. L. 106-65, div. A, title V, Sec. 573, Oct. 5, 1999, 113 Stat. 
623, provided that:
    ``(a) Program Required.--The Secretary of the Army shall establish a 
pilot program (to be known as the `Army College First' program) to 
assess whether the Army could increase the number of, and the level of 
the qualifications of, persons entering the Army as enlisted members by 
encouraging recruits to pursue higher education or vocational or 
technical training before entry into active service in the Army.
    ``(b) Delayed Entry With Allowance for Higher Education.--Under the 
pilot program, the Secretary may exercise the authority under section 
513 of title 10, United States Code--
        ``(1) to accept the enlistment of a person as a Reserve for 
    service in the Selected Reserve or Individual Ready Reserve of the 
    Army Reserve or, notwithstanding the scope of the authority under 
    subsection (a) of that section, in the Army National Guard of the 
    United States;
        ``(2) to authorize, notwithstanding the period limitation in 
    subsection (b) of that section, 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 
    program of education at, an institution of higher education, or a 
    program of vocational or technical training, on a full-time basis 
    that is to be completed within two years after the date of such 
    enlistment as a Reserve under paragraph (1); and
        ``(3) in the case of a person enlisted in a reserve component 
    for service in the Individual Ready Reserve, pay an allowance to the 
    person for each month of that period.
    ``(c) Maximum Period of Delay.--The period of delay authorized a 
person under paragraph (2) of subsection (b) may not exceed the two-year 
period beginning on the date of the person's enlistment accepted under 
paragraph (1) of such subsection.
    ``(d) Amount of Allowance.--(1) The monthly allowance paid under 
subsection (b)(3) is $150. The allowance may not be paid for more than 
24 months.
    ``(2) An allowance under this section is in addition 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) Comparison Group.--To perform the assessment under subsection 
(a), the Secretary may define and study any group not including persons 
receiving a benefit under subsection (b) and compare that group with any 
group or groups of persons who receive such benefits under the pilot 
program.
    ``(f) Duration of Pilot Program.--The pilot program shall be in 
effect during the period beginning on October 1, 1999, and ending on 
September 30, 2004.
    ``(g) Report.--Not later than February 1, 2004, the Secretary shall 
submit to the Committees on Armed Services of the Senate and the House 
of Representatives a report on the pilot program. The report shall 
include the following:
        ``(1) The assessment of the Secretary regarding the value of the 
    authority under this section for achieving the objectives of 
    increasing the number of, and the level of the qualifications of, 
    persons entering the Army as enlisted members.
        ``(2) Any recommendation for legislation or other action that 
    the Secretary considers appropriate to achieve those objectives 
    through grants of entry delays and financial benefits for advanced 
    education and training of recruits.''

                  Section Referred to in Other Sections

    This section is referred to in sections 520c, 10147 of this title; 
title 37 section 205.
