-CITE-

10 USC CHAPTER 31 - ENLISTMENTS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 31 - ENLISTMENTS

.

-HEAD-

CHAPTER 31 - ENLISTMENTS

-MISC1-

Sec.

501. Definition.

502. Enlistment oath: who may administer.

503. Enlistments: recruiting campaigns; compilation of directory

information.

504. Persons not qualified.

505. Regular components: qualifications, term, grade.

506. Regular components: extension of enlistments during war.

507. Extension of enlistment for members needing medical care or

hospitalization.

508. Reenlistment: qualifications.

509. Voluntary extension of enlistments: periods and benefits.

510. Enlistment incentives for pursuit of skills to facilitate

national service.

(511, 512. Renumbered.)

513. Enlistments: Delayed Entry Program.

514. Bounties prohibited; substitutes prohibited.

515. Reenlistment after discharge as warrant officer.

516. Effect upon enlisted status of acceptance of appointment as

cadet or midshipman.

517. Authorized daily average: members in pay grades E-8 and E-9.

518. Temporary enlistments.

519. Temporary enlistments: during war or emergency.

520. Limitation on enlistment and induction of persons whose score

on the Armed Forces Qualification Test is below a prescribed

level.

(520a. Repealed.)

520b. Applicants for enlistment: authority to use funds for the

issue of authorized articles.

520c. Recruiting functions: use of funds.

AMENDMENTS

2002 - Pub. L. 107-314, div. A, title V, Sec. 531(a)(2), Dec. 2,

2002, 116 Stat. 2544, added item 510.

2000 - Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec.

1076(g)(2)), Oct. 30, 2000, 114 Stat. 1654, 1654A-282, struck out

item 520a ''Criminal history information for military recruiting

purposes''.

1996 - Pub. L. 104-201, div. A, title III, Sec. 361(b), Sept.

23, 1996, 110 Stat. 2491, added item 520c.

1994 - Pub. L. 103-337, div. A, title XVI, Sec. 1671(b)(3), Oct.

5, 1994, 108 Stat. 3013, as amended by Pub. L. 104-106, div. A,

title XV, Sec. 1501(a)(8)(A), Feb. 10, 1996, 110 Stat. 495, struck

out items 510 ''Reserve components: qualifications'', 511 ''Reserve

components: terms'', and 512 ''Reserve components: transfers''.

1989 - Pub. L. 101-189, div. A, title V, Sec. 501(a)(2), Nov.

29, 1989, 103 Stat. 1435, added item 513.

1985 - Pub. L. 99-145, title XIII, Sec. 1303(a)(4)(B), Nov. 8,

1985, 99 Stat. 738, substituted ''enlistment'' for ''enlistments''

in item 520b.

1984 - Pub. L. 98-525, title XIV, Sec. 1401(a)(2), Oct. 19, 1984,

98 Stat. 2614, added item 520b.

1982 - Pub. L. 97-252, title XI, Sec. 1114(b)(3), (c)(2), Sept.

8, 1982, 96 Stat. 749, 750, inserted ''; compilation of directory

information'' in item 503, and added item 520a.

1980 - Pub. L. 96-342, title III, Sec. 302(b)(2), Sept. 8, 1980,

94 Stat. 1083, added item 520.

1968 - Pub. L. 90-623, Sec. 2(2), Oct. 22, 1968, 82 Stat. 1314,

struck out ''or national emergency'' after ''extension of

enlistments during war'' in item 506.

Pub. L. 90-235, Sec. 2(a)(1)(C), Jan. 2, 1968, 81 Stat. 755,

redesignated item 501 as 502, and added items 501, 503 to 509, 518

and 519.

1962 - Pub. L. 87-649, Sec. 2(2), Sept. 7, 1962, 76 Stat. 492,

added item 517.

1958 - Pub. L. 85-861, Sec. 1(9)(B), (C), Sept. 2, 1958, 72 Stat.

1440, struck out item 513 ''Reserve components: promotions'' and

added item 516.

-CITE-

10 USC Sec. 501 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 31 - ENLISTMENTS

-HEAD-

Sec. 501. Definition

-STATUTE-

In this chapter ''enlistment'' means original enlistment or

reenlistment.

-SOURCE-

(Added Pub. L. 90-235, Sec. 2(a)(1)(B), Jan. 2, 1968, 81 Stat.

753.)

-MISC1-

PRIOR PROVISIONS

A prior section 501 was renumbered 502 of this title.

-CITE-

10 USC Sec. 502 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 31 - ENLISTMENTS

-HEAD-

Sec. 502. Enlistment oath: who may administer

-STATUTE-

Each person enlisting in an armed force shall take the following

oath:

''I, _ _ _ _ _ _ _ _ _ _, do solemnly swear (or affirm) that I

will support and defend the Constitution of the United States

against all enemies, foreign and domestic; that I will bear true

faith and allegiance to the same; and that I will obey the orders

of the President of the United States and the orders of the

officers appointed over me, according to regulations and the

Uniform Code of Military Justice. So help me God.''

This oath may be taken before any commissioned officer of any armed

force.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 17, Sec. 501; Pub. L. 87-751,

Sec. 1, Oct. 5, 1962, 76 Stat. 748; renumbered Sec. 502, Pub. L.

90-235, Sec. 2(a)(1)(A), Jan. 2, 1968, 81 Stat. 753; Pub. L.

101-189, div. A, title VI, Sec. 653(a)(1), Nov. 29, 1989, 103

Stat. 1462.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

501 50:737. May 5, 1950, ch.

169, Sec. 8, 64

Stat. 146.

-------------------------------

The words ''or affirmation'' are omitted as covered by the

definition of the word ''oath'' in section 1 of title 1. The words

''of any armed force'' are inserted in the last sentence, since

they are necessarily implied by their use in the source statute.

-REFTEXT-

REFERENCES IN TEXT

The Uniform Code of Military Justice, referred to in the oath, is

classified to chapter 47 (Sec. 801 et seq.) of this title.

-MISC2-

AMENDMENTS

1989 - Pub. L. 101-189 struck out ''or affirmation'' after ''This

oath''.

1962 - Pub. L. 87-751 substituted ''support and defend the

Constitution of the United States against all enemies, foreign and

domestic; that I will bear true faith and allegiance to the same''

for ''bear true faith and allegiance to the United States of

America; that I will serve them honestly and faithfully against all

their enemies whomsoever'' and inserted ''So help me God'' in the

oath, and ''or affirmation'' in text.

EFFECTIVE DATE OF 1962 AMENDMENT

Section 3 of Pub. L. 87-751 provided that: ''This Act (amending

this section and section 304 of Title 32, National Guard) does not

affect any oath taken before one year after its enactment (Oct. 5,

1962).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12102 of this title.

-CITE-

10 USC Sec. 503 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 31 - ENLISTMENTS

-HEAD-

Sec. 503. Enlistments: recruiting campaigns; compilation of

directory information

-STATUTE-

(a) Recruiting Campaigns. - (1) The Secretary concerned shall

conduct intensive recruiting campaigns to obtain enlistments in the

Regular Army, Regular Navy, Regular Air Force, Regular Marine

Corps, and Regular Coast Guard.

(2) The Secretary of Defense shall act on a continuing basis to

enhance the effectiveness of recruitment programs of the Department

of Defense (including programs conducted jointly and programs

conducted by the separate armed forces) through an aggressive

program of advertising and market research targeted at prospective

recruits for the armed forces and those who may influence

prospective recruits. Subchapter I of chapter 35 of title 44 shall

not apply to actions taken as part of that program.

(b) Compilation of Directory Information. - (1) The Secretary of

Defense may collect and compile directory information pertaining to

each student who is 17 years of age or older or in the eleventh

grade (or its equivalent) or higher and who is enrolled in a

secondary school in the United States or its territories,

possessions, or the Commonwealth of Puerto Rico.

(2) The Secretary may make directory information collected and

compiled under this subsection available to the armed forces for

military recruiting purposes. Such information may not be

disclosed for any other purpose.

(3) Directory information pertaining to any person may not be

maintained for more than 3 years after the date the information

pertaining to such person is first collected and compiled under

this subsection.

(4) Directory information collected and compiled under this

subsection shall be confidential, and a person who has had access

to such information may not disclose such information except for

the purposes described in paragraph (2).

(5) The Secretary of Defense shall prescribe regulations to carry

out this subsection. Regulations prescribed under this subsection

shall be submitted to the Committee on Armed Services of the Senate

and the Committee on Armed Services of the House of

Representatives. Regulations prescribed by the Secretaries

concerned to carry out this subsection shall be as uniform as

practicable.

(6) Nothing in this subsection shall be construed as requiring,

or authorizing the Secretary of Defense to require, that any

educational institution furnish directory information to the

Secretary.

(c) Access to Secondary Schools. - (1)(A) Each local educational

agency receiving assistance under the Elementary and Secondary

Education Act of 1965 -

(i) shall provide to military recruiters the same access to

secondary school students as is provided generally to

postsecondary educational institutions or to prospective

employers of those students; and

(ii) shall, upon a request made by military recruiters for

military recruiting purposes, provide access to secondary school

student names, addresses, and telephone listings, notwithstanding

section 444(a)(5)(B) of the General Education Provisions Act (20

U.S.C. 1232g(a)(5)(B)).

(B) A local educational agency may not release a student's name,

address, and telephone listing under subparagraph (A)(ii) without

the prior written consent of a parent of the student if the

student, or a parent of the student, has submitted a request to the

local educational agency that the student's information not be

released for a purpose covered by that subparagraph without prior

written parental consent. Each local education (FOOTNOTE 1) agency

shall notify parents of the rights provided under the preceding

sentence.

(FOOTNOTE 1) So in original. Probably should be

''educational''.

(2) If a local educational agency denies a request by the

Department of Defense for recruiting access, the Secretary of

Defense, in cooperation with the Secretary of the military

department concerned, shall designate an officer in a grade not

below the grade of colonel or, in the case of the Navy, captain, or

a senior executive of that military department to meet with

representatives of that local educational agency in person, at the

offices of that agency, for the purpose of arranging for recruiting

access. The designated officer or senior executive shall seek to

have that meeting within 120 days of the date of the denial of the

request for recruiting access.

(3) If, after a meeting under paragraph (2) with representatives

of a local educational agency that has denied a request for

recruiting access or (if the educational agency declines a request

for the meeting) after the end of such 120-day period, the

Secretary of Defense determines that the agency continues to deny

recruiting access, the Secretary shall transmit to the chief

executive of the State in which the agency is located a

notification of the denial of recruiting access and a request for

assistance in obtaining that access. The notification shall be

transmitted within 60 days after the date of the determination.

The Secretary shall provide to the Secretary of Education a copy of

such notification and any other communication between the Secretary

and that chief executive with respect to such access.

(4) If a local educational agency continues to deny recruiting

access one year after the date of the transmittal of a notification

regarding that agency under paragraph (3), the Secretary -

(A) shall determine whether the agency denies recruiting access

to at least two of the armed forces (other than the Coast Guard

when it is not operating as a service in the Navy); and

(B) upon making an affirmative determination under subparagraph

(A), shall transmit a notification of the denial of recruiting

access to -

(i) the specified congressional committees;

(ii) the Senators of the State in which the local educational

agency is located; and

(iii) the member of the House of Representatives who

represents the district in which the local educational agency

is located.

(5) The requirements of this subsection do not apply to -

(A) a local educational agency with respect to access to

secondary school students or access to directory information

concerning such students for any period during which there is in

effect a policy of that agency, established by majority vote of

the governing body of the agency, to deny recruiting access to

those students or to that directory information, respectively; or

(B) a private secondary school which maintains a religious

objection to service in the armed forces and which objection is

verifiable through the corporate or other organizational

documents or materials of that school.

(6) In this subsection:

(A) The term ''local educational agency'' means -

(i) a local educational agency, within the meaning of that

term in section 14101 (FOOTNOTE 2) of the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 8801); and

(FOOTNOTE 2) See References in Text note below.

(ii) a private secondary school.

(B) The term ''recruiting access'' means access requested as

described in paragraph (1).

(C) The term ''senior executive'' has the meaning given that

term in section 3132(a)(3) of title 5.

(D) The term ''State'' includes the District of Columbia, the

Commonwealth of Puerto Rico, the Commonwealth of the Northern

Mariana Islands, Guam, the Virgin Islands, American Samoa, the

Federated States of Micronesia, the Republic of the Marshall

Islands, and the Republic of Palau.

(E) The term ''specified congressional committees'' means the

following:

(i) The Committee on Armed Services and the Committee on

Health, Education, Labor, and Pensions of the Senate.

(ii) The Committee on Armed Services and the Committee on

Education and the Workforce of the House of Representatives.

(F) The term ''member of the House of Representatives''

includes a Delegate or Resident Commissioner to Congress.

(d) Directory Information Defined. - In this section, the term

''directory information'' has the meaning given that term in

subsection (a)(5)(A) of section 444 of the General Education

Provisions Act (20 U.S.C. 1232g).

-SOURCE-

(Added Pub. L. 90-235, Sec. 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 754;

amended Pub. L. 97-252, title XI, Sec. 1114(b)(1), (2), Sept. 8,

1982, 96 Stat. 749; Pub. L. 104-106, div. A, title XV, Sec.

1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106-65, div. A,

title V, Sec. 571, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat.

622, 774; Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 562,

563(a)-(c)), Oct. 30, 2000, 114 Stat. 1654, 1654A-131 to 1654A-133;

Pub. L. 107-107, div. A, title V, Sec. 544(a), title X, Sec.

1048(a)(5)(A), Dec. 28, 2001, 115 Stat. 1112, 1222.)

-REFTEXT-

REFERENCES IN TEXT

The Elementary and Secondary Education Act of 1965, referred to

in subsec. (c)(1)(A), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27,

as amended, which is classified generally to chapter 70 (Sec. 6301

et seq.) of Title 20, Education. For complete classification of

this Act to the Code, see Short Title note set out under section

6301 of Title 20 and Tables.

Section 14101 of the Elementary and Secondary Education Act of

1965, referred to in subsec. (c)(6)(A)(i), is section 14101 of Pub.

L. 89-10, which was classified to section 8801 of Title 20,

Education, prior to repeal by Pub. L. 107-110, title X, Sec.

1011(5)(C), Jan. 8, 2002, 115 Stat. 1986. For provisions relating

to definitions, see section 7801 of Title 20.

-MISC2-

AMENDMENTS

2001 - Subsec. (c)(1). Pub. L. 107-107, Sec. 544(a), reenacted

section heading without change and amended text of par. (1)

generally. Prior to amendment, par. (1) read as follows: ''Each

local educational agency shall (except as provided under paragraph

(5)) provide to the Department of Defense, upon a request made for

military recruiting purposes, the same access to secondary school

students, and to directory information concerning such students, as

is provided generally to post-secondary educational institutions or

to prospective employers of those students.''

Subsec. (c)(6)(A)(i). Pub. L. 107-107, Sec. 1048(a)(5)(A),

substituted ''14101'' for ''14101(18)'' and ''8801'' for

''8801(18)''.

2000 - Subsec. (a). Pub. L. 106-398, Sec. 1 ((div. A), title V,

Sec. 562, 563(c)(1)), inserted heading, designated existing

provisions as par. (1), and added par. (2).

Subsec. (b). Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec.

563(c)(2)), inserted heading.

Subsec. (b)(7). Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec.

563(b)(1)), struck out par. (7) which read as follows: ''In this

subsection, 'directory information' means, with respect to a

student, the student's name, address, telephone listing, date and

place of birth, level of education, degrees received, and the most

recent previous educational agency or institution attended by the

student.''

Subsec. (c). Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec.

563(a)), amended subsec. (c) generally. Prior to amendment,

subsec. (c) read as follows: ''Each local educational agency is

requested to provide to the Department of Defense, upon a request

made for military recruiting purposes, the same access to secondary

school students, and to directory information concerning such

students, as is provided generally to post-secondary educational

institutions or to prospective employers of those students.''

Subsec. (d). Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec.

563(b)(2)), added subsec. (d).

1999 - Subsec. (b)(5). Pub. L. 106-65, Sec. 1067(1), substituted

''and the Committee on Armed Services'' for ''and the Committee on

National Security''.

Subsec. (c). Pub. L. 106-65, Sec. 571, added subsec. (c).

1996 - Subsec. (b)(5). Pub. L. 104-106 substituted ''Committee on

Armed Services of the Senate and the Committee on National Security

of the House of Representatives'' for ''Committees on Armed

Services of the Senate and House of Representatives''.

1982 - Pub. L. 97-252, Sec. 1114(b)(2), inserted ''; compilation

of directory information'' in section catchline.

Subsec. (a). Pub. L. 97-252, Sec. 1114(b)(1)(A), designated

existing provisions as subsec. (a).

Subsec. (b). Pub. L. 97-252, Sec. 1114(b)(1)(B), added subsec.

(b).

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-107, div. A, title V, Sec. 544(b), Dec. 28, 2001,

115 Stat. 1113, provided that: ''The amendment made by subsection

(a) (amending this section) shall take effect on July 1, 2002,

immediately after the amendment to section 503(c) of title 10,

United States Code, made, effective that date, by section 563(a) of

the Floyd D. Spence National Defense Authorization Act for Fiscal

Year 2001 (as enacted into law by Public Law 106-398; 114 Stat.

1654A-131).''

Pub. L. 107-107, div. A, title X, Sec. 1048(a)(5)(B), Dec. 28,

2001, 115 Stat. 1222, provided that: ''The amendment made by

subparagraph (A) (amending this section) shall take effect on July

1, 2002, immediately after the amendment to such section (this

section) effective that date by section 563(a) of the Floyd D.

Spence National Defense Authorization Act for Fiscal Year 2001 (as

enacted into law by Public Law 106-398; 114 Stat. 1654A-131).''

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 563(d)), Oct.

30, 2000, 114 Stat. 1654, 1654A-133, provided that: ''The amendment

made by subsection (a) (amending this section) shall take effect on

July 1, 2002.''

-TRANS-

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 relating 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

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC5-

NOTIFICATION TO LOCAL EDUCATIONAL AGENCIES

Pub. L. 107-107, div. A, title V, Sec. 544(c), Dec. 28, 2001,

115 Stat. 1113, provided that: ''The Secretary of Education shall

provide to local educational agencies notice of the provisions of

subsection (c) of section 503 of title 10, United States Code, as

in effect upon the amendments made by subsection (a) (amending this

section). Such notice shall be provided not later than 120 days

after the date of the enactment of this Act (Dec. 28, 2001) and

shall be provided in consultation with the Secretary of Defense.''

ARMY RECRUITING PILOT PROGRAMS

Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 561), Oct. 30,

2000, 114 Stat. 1654, 1654A-129, as amended by Pub. L. 107-107,

div. A, title V, Sec. 543, Dec. 28, 2001, 115 Stat. 1112, provided

that:

''(a) Requirement for Programs. - The Secretary of the Army shall

carry out pilot programs to test various recruiting approaches

under this section for the following purposes:

''(1) To assess the effectiveness of the recruiting approaches

for creating enhanced opportunities for recruiters to make

direct, personal contact with potential recruits.

''(2) To improve the overall effectiveness and efficiency of

Army recruiting activities.

''(b) Outreach Through Motor Sports. - (1) One of the pilot

programs shall be a pilot program of public outreach that

associates the Army with motor sports competitions to achieve the

objectives set forth in paragraph (2).

''(2) The events and activities undertaken under the pilot

program shall be designed to provide opportunities for Army

recruiters to make direct, personal contact with high school

students to achieve the following objectives:

''(A) To increase enlistments by students graduating from high

school.

''(B) To reduce attrition in the Delayed Entry Program of the

Army by sustaining the personal commitment of students who have

elected delayed entry into the Army under the program.

''(3) Under the pilot program, the Secretary of the Army shall

provide for the following:

''(A) For Army recruiters or other Army personnel -

''(i) to organize Army sponsored career day events in

association with national motor sports competitions; and

''(ii) to arrange for or encourage attendance at the

competitions by high school students, teachers, guidance

counselors, and administrators of high schools located near the

competitions.

''(B) For Army recruiters and other soldiers to attend national

motor sports competitions -

''(i) to display exhibits depicting the contemporary Army and

career opportunities in the Army; and

''(ii) to discuss those opportunities with potential

recruits.

''(C) For the Army to sponsor a motor sports racing team as

part of an integrated program of recruitment and publicity for

the Army.

''(D) For the Army to sponsor motor sports competitions for

high school students at which recruiters meet with potential

recruits.

''(E) For Army recruiters or other Army personnel to compile in

an Internet accessible database the names, addresses, telephone

numbers, and electronic mail addresses of persons who are

identified as potential recruits through activities under the

pilot program.

''(F) Any other activities associated with motor sports

competition that the Secretary determines appropriate for Army

recruitment purposes.

''(c) Outreach at Vocational Schools and Community Colleges. -

(1) One of the pilot programs shall be a pilot program under which

Army recruiters are assigned, as their primary responsibility, at

postsecondary vocational institutions and community colleges for

the purpose of recruiting students graduating from those

institutions and colleges, recent graduates of those institutions

and colleges, and students withdrawing from enrollments in those

institutions and colleges.

''(2) The Secretary of the Army shall select the institutions and

colleges to be invited to participate in the pilot program.

''(3) The conduct of the pilot program at an institution or

college shall be subject to an agreement which the Secretary shall

enter into with the governing body or authorized official of the

institution or college, as the case may be.

''(4) Under the pilot program, the Secretary shall provide for

the following:

''(A) For Army recruiters to be placed in postsecondary

vocational institutions and community colleges to serve as a

resource for guidance counselors and to recruit for the Army.

''(B) For Army recruiters to recruit from among students and

graduates described in paragraph (1).

''(C) For the use of telemarketing, direct mail, interactive

voice response systems, and Internet website capabilities to

assist the recruiters in the postsecondary vocational

institutions and community colleges.

''(D) For any other activities that the Secretary determines

appropriate for recruitment activities in postsecondary

vocational institutions and community colleges.

''(5) In this subsection, the term 'postsecondary vocational

institution' has the meaning given the term in section 102(c) of

the Higher Education Act of 1965 (20 U.S.C. 1002(c)).

''(d) Contract Recruiting Initiatives. - (1) One of the pilot

programs shall be a program that expands in accordance with this

subsection the scope of the Army's contract recruiting initiatives

that are ongoing as of the date of the enactment of this Act (Oct.

30, 2000). Under the pilot program, the Secretary of the Army shall

select at least 10 recruiting companies to apply the initiatives in

efforts to recruit personnel for the Army.

''(2) Under the pilot program, the Secretary shall provide for

the following:

''(A) For replacement of the Regular Army and Army Reserve

recruiters by contract recruiters in the 10 recruiting companies

selected under paragraph (1).

''(B) For operation of the 10 companies under the same rules as

the other Army recruiting companies.

''(C) For use of the offices, facilities, and equipment of the

10 companies by the contract recruiters.

''(D) For reversion to performance of the recruiting activities

by Regular Army and Army Reserve soldiers in the 10 companies

upon termination of the pilot program.

''(E) For any other uses of contractor personnel for Army

recruiting activities that the Secretary determines appropriate.

''(e) Duration of Pilot Programs. - The pilot programs required

by this section shall be carried out during the period beginning on

October 1, 2000, and, subject to subsection (f), ending on

September 30, 2007.

''(f) Authority To Expand or Extend Pilot Programs. - The

Secretary may expand the scope of any of the pilot programs (under

subsection (b)(3)(F), (c)(4)(D), (d)(2)(E), or otherwise) or extend

the period for any of the pilot programs. Before doing so in the

case of a pilot program, the Secretary of the Army shall submit to

the Committee on Armed Services of the Senate and the Committee on

Armed Services of the House of Representatives a written

notification of the expansion of the pilot program (together with

the scope of the expansion) or the continuation of the pilot

program (together with the period of the extension), as the case

may be.

''(g) Reports. - Not later than February 1, 2008, the Secretary

of the Army shall submit to the Committees on Armed Services of the

Senate and the House of Representatives a separate report on each

of the pilot programs carried out under this section. The report

on a pilot program shall include the following:

''(1) The Secretary's assessment of the value of the actions

taken in the administration of the pilot program for increasing

the effectiveness and efficiency of Army recruiting.

''(2) Any recommendations for legislation or other action that

the Secretary considers appropriate to increase the effectiveness

and efficiency of Army recruiting.''

PILOT PROGRAM TO ENHANCE MILITARY RECRUITING BY IMPROVING MILITARY

AWARENESS OF SCHOOL COUNSELORS AND EDUCATORS

Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 564), Oct. 30,

2000, 114 Stat. 1654, 1654A-133, provided that:

''(a) In General. - The Secretary of Defense shall conduct a

pilot program to determine if cooperation with military recruiters

by local educational agencies and by institutions of higher

education could be enhanced by improving the understanding of

school counselors and educators about military recruiting and

military career opportunities. The pilot program shall be

conducted during a three-year period beginning not later than 180

days after the date of the enactment of this Act (Oct. 30, 2000).

''(b) Conduct of Pilot Program Through Participation in

Interactive Internet Site. - (1) The pilot program shall be

conducted by means of participation by the Department of Defense in

a qualifying interactive Internet site.

''(2) For purposes of this section, a qualifying interactive

Internet site is an Internet site in existence as of the date of

the enactment of this Act (Oct. 30, 2000) that is designed to

provide to employees of local educational agencies and institutions

of higher education participating in the Internet site -

''(A) systems for communicating;

''(B) resources for individual professional development;

''(C) resources to enhance individual on-the-job effectiveness;

and

''(D) resources to improve organizational effectiveness.

''(3) Participation in an Internet site by the Department of

Defense for purposes of this section shall include -

''(A) funding;

''(B) assistance; and

''(C) access by other Internet site participants to Department

of Defense aptitude testing programs, career development

information, and other resources, in addition to information on

military recruiting and career opportunities.

''(c) Report. - The Secretary of Defense shall submit to the

Committee on Armed Services of the Senate and the Committee on

Armed Services of the House of Representatives a report providing

the Secretary's findings and conclusions on the pilot program not

later than 180 days after the end of the three-year program

period.''

MEASURES TO IMPROVE RECRUIT QUALITY AND REDUCE RECRUIT ATTRITION

Pub. L. 105-85, div. A, title V, subtitle D, Nov. 18, 1997, 111

Stat. 1738, provided that:

''SEC. 531. REFORM OF MILITARY RECRUITING SYSTEMS.

''(a) In General. - The Secretary of Defense shall carry out

reforms in the recruiting systems of the Army, Navy, Air Force, and

Marine Corps in order to improve the quality of new recruits and to

reduce attrition among recruits.

''(b) Specific Reforms. - As part of the reforms in military

recruiting systems to be undertaken under subsection (a), the

Secretary shall take the following steps:

''(1) Improve the system of pre-enlistment waivers and

separation codes used for recruits by (A) revising and updating

those waivers and codes to allow more accurate and useful data

collection about those separations, and (B) prescribing

regulations to ensure that those waivers and codes are

interpreted in a uniform manner by the military services.

''(2) Develop a reliable database for (A) analyzing (at both

the Department of Defense and service-level) data on reasons for

attrition of new recruits, and (B) undertaking Department of

Defense or service-specific measures (or both) to control and

manage such attrition.

''(3) Require that the Secretary of each military department

(A) adopt or strengthen incentives for recruiters to thoroughly

prescreen potential candidates for recruitment, and (B) link

incentives for recruiters, in part, to the ability of a recruiter

to screen out unqualified candidates before enlistment.

''(4) Require that the Secretary of each military department

include as a measurement of recruiter performance the percentage

of persons enlisted by a recruiter who complete initial combat

training or basic training.

''(5) Assess trends in the number and use of waivers over the

1991-1997 period that were issued to permit applicants to enlist

with medical or other conditions that would otherwise be

disqualifying.

''(6) Require the Secretary of each military department to

implement policies and procedures (A) to ensure the prompt

separation of recruits who are unable to successfully complete

basic training, and (B) to remove those recruits from the

training environment while separation proceedings are pending.

''(c) Report. - Not later than March 31, 1998, the Secretary

shall submit to Congress a report of the trends assessed under

subsection (b)(5). The information on those trends provided in the

report shall be shown by armed force and by category of waiver.

The report shall include recommendations of the Secretary for

changing, revising, or limiting the use of waivers referred to in

that subsection.

''SEC. 532. IMPROVEMENTS IN MEDICAL PRESCREENING OF APPLICANTS FOR

MILITARY SERVICE.

''(a) In General. - The Secretary of Defense shall improve the

medical prescreening of applicants for entrance into the Army,

Navy, Air Force, or Marine Corps.

''(b) Specific Steps. - As part of those improvements, the

Secretary shall take the following steps:

''(1) Require that each applicant for service in the Army,

Navy, Air Force, or Marine Corps (A) provide to the Secretary the

name of the applicant's medical insurer and the names of past

medical providers, and (B) sign a release allowing the Secretary

to request and obtain medical records of the applicant.

''(2) Require that the forms and procedures for medical

prescreening of applicants that are used by recruiters and by

Military Entrance Processing Commands be revised so as to ensure

that medical questions are specific, unambiguous, and tied

directly to the types of medical separations most common for

recruits during basic training and follow-on training.

''(3) Add medical screening tests to the examinations of

recruits carried out by Military Entrance Processing Stations,

provide more thorough medical examinations to selected groups of

applicants, or both, to the extent that the Secretary determines

that to do so could be cost effective in reducing attrition at

basic training.

''(4) Provide for an annual quality control assessment of the

effectiveness of the Military Entrance Processing Commands in

identifying medical conditions in recruits that existed before

enlistment in the Armed Forces, each such assessment to be

performed by an agency or contractor other than the Military

Entrance Processing Commands.

''SEC. 533. IMPROVEMENTS IN PHYSICAL FITNESS OF RECRUITS.

''(a) In General. - The Secretary of Defense shall take steps to

improve the physical fitness of recruits before they enter basic

training.

''(b) Specific Steps. - As part of those improvements, the

Secretary shall take the following steps:

''(1) Direct the Secretary of each military department to

implement programs under which new recruits who are in the

Delayed Entry Program are encouraged to participate in physical

fitness activities before reporting to basic training.

''(2) Develop a range of incentives for new recruits to

participate in physical fitness programs, as well as for those

recruits who improve their level of fitness while in the Delayed

Entry Program, which may include access to Department of Defense

military fitness facilities, and access to military medical

facilities in the case of a recruit who is injured while

participating in physical activities with recruiters or other

military personnel.

''(3) Evaluate whether partnerships between recruiters and

reserve components, or other innovative arrangements, could

provide a pool of qualified personnel to assist in the conduct of

physical training programs for new recruits in the Delayed Entry

Program.''

DENIAL OF FUNDS FOR PREVENTING ROTC ACCESS TO CAMPUS OR FEDERAL

MILITARY RECRUITING ON CAMPUS; EXCEPTIONS

Pub. L. 104-208, div. A, title I, Sec. 101(e) (title V, Sec.

514), Sept. 30, 1996, 110 Stat. 3009-233, 3009-270, which provided

that none of the funds made available in any Departments of Labor,

Health and Human Services, and Education, and Related Agencies

Appropriations Act for any fiscal year could be provided by

contract or by grant to a covered educational entity if the

Secretary of Defense determined that the covered educational entity

had a policy or practice that prohibited or prevented the

maintaining, establishing, or operation of a unit of the Senior

Reserve Officer Training Corps at the covered educational entity,

or a student at the covered educational entity from enrolling in a

unit of the Senior Reserve Officer Training Corps at another

institution of higher education, or prohibited or prevented entry

to campuses, or access to students on campuses, for purposes of

Federal military recruiting or access by military recruiters for

purposes of Federal military recruiting to student names,

addresses, and telephone listings and, if known, student ages,

levels of education, and majors, was repealed and restated in

section 983 of this title by Pub. L. 106-65, div. A, title V, Sec.

549(a)(1), (b)(2), Oct. 5, 1999, 113 Stat. 609, 611.

MILITARY RECRUITING ON CAMPUS

Pub. L. 103-337, div. A, title V, Sec. 558, Oct. 5, 1994, 108

Stat. 2776, as amended by Pub. L. 104-324, title II, Sec. 206(a),

Oct. 19, 1996, 110 Stat. 3908, which provided that no funds

available to the Department of Defense or the Department of

Transportation could be provided by grant or contract to any

institution of higher education that had a policy of denying or

preventing the Secretary of Defense or the Secretary of

Transportation from obtaining for military recruiting purposes

entry to campuses or access to students on campuses or access to

directory information pertaining to students, was repealed and

restated in section 983 of this title by Pub. L. 106-65, div. A,

title V, Sec. 549(a)(1), (b)(1), Oct. 5, 1999, 113 Stat. 609, 611.

MILITARY RECRUITING INFORMATION

Section 1114(a) of Pub. L. 97-252 provided that: ''The Congress

finds that in order for Congress to carry out effectively its

constitutional authority to raise and support armies, it is

essential -

''(1) that the Secretary of Defense obtain and compile

directory information pertaining to students enrolled in

secondary schools throughout the United States; and

''(2) that such directory information be used only for military

recruiting purposes and be retained in the case of each person

with respect to whom such information is obtained and compiled

for a limited period of time.''

ACCESS OF ARMED FORCES RECRUITING PERSONNEL TO SECONDARY

EDUCATIONAL INSTITUTIONS; RELEASE OF DATA

Pub. L. 96-342, title III, Sec. 302(d), Sept. 8, 1980, 94 Stat.

1083, provided that: ''It is the sense of the Congress -

''(1) that secondary educational institutions in the United

States, the Commonwealth of Puerto Rico, and the territories of

the United States should cooperate with the Armed Forces by

allowing recruiting personnel access to such institutions; and

''(2) that it is appropriate for such institutions to release

to the Armed Forces information regarding students at such

institutions (including such data as names, addresses, and

education levels) which is relevant to recruiting individuals for

service in the Armed Forces.''

-CITE-

10 USC Sec. 504 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 31 - ENLISTMENTS

-HEAD-

Sec. 504. Persons not qualified

-STATUTE-

No person who is insane, intoxicated, or a deserter from an armed

force, or who has been convicted of a felony, may be enlisted in

any armed force. However, the Secretary concerned may authorize

exceptions, in meritorious cases, for the enlistment of deserters

and persons convicted of felonies.

-SOURCE-

(Added Pub. L. 90-235, Sec. 2(a)(1)(B), Jan. 2, 1968, 81 Stat.

754.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 802 of this title.

-CITE-

10 USC Sec. 505 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 31 - ENLISTMENTS

-HEAD-

Sec. 505. Regular components: qualifications, term, grade

-STATUTE-

(a) The Secretary concerned may accept original enlistments in

the Regular Army, Regular Navy, Regular Air Force, Regular Marine

Corps, or Regular Coast Guard, as the case may be, of qualified,

effective, and able-bodied persons who are not less than seventeen

years of age nor more than thirty-five years of age. However, no

person under eighteen years of age may be originally enlisted

without the written consent of his parent or guardian, if he has a

parent or guardian entitled to his custody and control.

(b) A person is enlisted in the Regular Army, Regular Navy,

Regular Air Force, Regular Marine Corps, or Regular Coast Guard in

the grade or rating prescribed by the Secretary concerned.

(c) The Secretary concerned may accept original enlistments of

persons for the duration of their minority or for a period of at

least two but not more than six years, in the Regular Army, Regular

Navy, Regular Air Force, Regular Marine Corps, or Regular Coast

Guard, as the case may be.

(d)(1) The Secretary concerned may accept a reenlistment in the

Regular Army, Regular Navy, Regular Air Force, Regular Marine

Corps, or Regular Coast Guard, as the case may be, for a period

determined under this subsection.

(2) In the case of a member who has less than 10 years of service

in the armed forces as of the day before the first day of the

period for which reenlisted, the period for which the member

reenlists shall be at least two years but not more than six years.

(3) In the case of a member who has at least 10 years of service

in the armed forces as of the day before the first day of the

period for which reenlisted, the Secretary concerned may accept a

reenlistment for either -

(A) a specified period of at least two years but not more than

six years; or

(B) an unspecified period.

(4) No enlisted member is entitled to be reenlisted for a period

that would expire before the end of the member's current

enlistment.

-SOURCE-

(Added Pub. L. 90-235, Sec. 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 754;

amended Pub. L. 93-290, May 24, 1974, 88 Stat. 173; Pub. L. 95-485,

title VIII, Sec. 820(a), Oct. 20, 1978, 92 Stat. 1627; Pub. L.

98-94, title X, Sec. 1023, Sept. 24, 1983, 97 Stat. 671; Pub. L.

104-201, div. A, title V, Sec. 511, Sept. 23, 1996, 110 Stat.

2514.)

-MISC1-

AMENDMENTS

1996 - Subsec. (d). Pub. L. 104-201 amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: ''The

Secretary concerned may accept reenlistments in the Regular Army,

Regular Navy, Regular Air Force, Regular Marine Corps, or Regular

Coast Guard, as the case may be, for period of at least two but not

more than six years. No enlisted member is entitled to be

reenlisted for a period that would expire before the end of his

current enlistment.''

1983 - Subsecs. (c), (d). Pub. L. 98-94 substituted ''at least

two but not more than six years'' for ''two, three, four, five, or

six years''.

1978 - Subsecs. (d), (e). Pub. L. 95-485 redesignated subsec. (e)

as (d). Former subsec. (d), which provided that in the Regular Army

female persons may be enlisted only in the Women's Army Corps, was

struck out.

1974 - Subsec. (a). Pub. L. 93-290, Sec. 1, struck out provisions

which prohibited the Secretary from accepting original enlistments

from female persons less than 18 years of age, and which required

consent of the parent or guardian for an original enlistment of a

female person under 21 years of age.

Subsec. (c). Pub. L. 93-290, Sec. 2, substituted provisions

permitting the Secretary to accept original enlistments of persons

for the duration of their minority or for a period of two, three,

four, five, or six years, for provisions which limited the

Secretary to accept original enlistments from male persons for the

duration of their minority or for a period of two, three, four,

five, or six years, and from female persons for a period of two,

three, four, five, or six years.

-TRANS-

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 relating 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

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 513, 519, 802, 16401 of

this title.

-CITE-

10 USC Sec. 506 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 31 - ENLISTMENTS

-HEAD-

Sec. 506. Regular components: extension of enlistments during war

-STATUTE-

An enlistment in the Regular Army, Regular Navy, Regular Air

Force, Regular Marine Corps, or Regular Coast Guard in effect at

the beginning of a war, or entered into during a war, unless sooner

terminated by the President, continues in effect until six months

after the termination of that war.

-SOURCE-

(Added Pub. L. 90-235, Sec. 2(a)(1)(B), Jan. 2, 1968, 81 Stat.

754.)

-TRANS-

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 relating 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

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-CITE-

10 USC Sec. 507 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 31 - ENLISTMENTS

-HEAD-

Sec. 507. Extension of enlistment for members needing medical care

or hospitalization

-STATUTE-

(a) An enlisted member of an armed force on active duty whose

term of enlistment expires while he is suffering from disease or

injury incident to service and not due to his misconduct, and who

needs medical care or hospitalization, may be retained on active

duty, with his consent, until he recovers to the extent that he is

able to meet the physical requirements for reenlistment, or it is

determined that recovery to that extent is impossible.

(b) This section does not prevent the retention in service,

without his consent, of an enlisted member of an armed force under

section 972 of this title.

-SOURCE-

(Added Pub. L. 90-235, Sec. 2(a)(1)(B), Jan. 2, 1968, 81 Stat.

754.)

-CITE-

10 USC Sec. 508 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 31 - ENLISTMENTS

-HEAD-

Sec. 508. Reenlistment: qualifications

-STATUTE-

(a) No person whose service during his last term of enlistment

was not honest and faithful may be reenlisted in an armed force.

However, the Secretary concerned may authorize the reenlistment in

the armed force under his jurisdiction of such a person if his

conduct after that service has been good.

(b) A person discharged from a Regular component may be

reenlisted in the Regular Army, Regular Navy, Regular Air Force,

Regular Marine Corps, or Regular Coast Guard, as the case may be,

under such regulations as the Secretary concerned may prescribe.

(c) This section does not deprive a person of any right to be

reenlisted in the Regular Army, Regular Navy, Regular Air Force,

Regular Marine Corps, or Regular Coast Guard under any other

provision of law.

-SOURCE-

(Added Pub. L. 90-235, Sec. 2(a)(1)(B), Jan. 2, 1968, 81 Stat.

755.)

-TRANS-

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 relating 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

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-CITE-

10 USC Sec. 509 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 31 - ENLISTMENTS

-HEAD-

Sec. 509. Voluntary extension of enlistments: periods and benefits

-STATUTE-

(a) Under such regulations as the Secretary concerned may

prescribe, the term of enlistment of a member of an armed force may

be extended or reextended with his written consent for any period.

However, the total of all such extensions of an enlistment may not

exceed four years.

(b) When a member is discharged from an enlistment that has been

extended under this section, he has the same rights, privileges,

and benefits that he would have if discharged at the same time from

an enlistment not so extended.

-SOURCE-

(Added Pub. L. 90-235, Sec. 2(a)(1)(B), Jan. 2, 1968, 81 Stat.

755.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 37 section 906.

-CITE-

10 USC Sec. 510 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 31 - ENLISTMENTS

-HEAD-

Sec. 510. Enlistment incentives for pursuit of skills to facilitate

national service

-STATUTE-

(a) Enlistment Incentive Program. - The Secretary of Defense

shall carry out an enlistment incentive program in accordance with

this section under which a person who is a National Call to Service

participant shall be entitled to one of the incentives specified in

subsection (e). The program shall be carried out during the period

ending on December 31, 2007, and may be carried out after that

date.

(b) National Call to Service Participant. - In this section, the

term ''National Call to Service participant'' means a person who

has not previously served in the armed forces who enters into an

original enlistment pursuant to a written agreement with the

Secretary of a military department (in such form and manner as may

be prescribed by that Secretary) under which the person agrees to

perform a period of national service as specified in subsection

(c).

(c) National Service. - The total period of national service to

which a National Call to Service participant is obligated under the

agreement under this section shall be specified in the agreement.

Under the agreement, the participant shall -

(1) upon completion of initial entry training (as prescribed by

the Secretary of Defense), serve on active duty in a military

occupational specialty designated by the Secretary of Defense

under subsection (d) for a period of 15 months;

(2) upon completion of the period of active duty specified in

paragraph (1) and without a break in service, serve either (A) an

additional period of active duty as determined by the Secretary

of Defense, or (B) a period of 24 months in an active status in

the Selected Reserve; and

(3) upon completion of the period of service specified in

paragraph (2), and without a break in service, serve the

remaining period of obligated service specified in the agreement

-

(A) on active duty in the armed forces;

(B) in the Selected Reserve;

(C) in the Individual Ready Reserve;

(D) in the Peace Corps, Americorps, or another national

service program jointly designated by the Secretary of Defense

and the head of such program for purposes of this section; or

(E) in any combination of service referred to in

subparagraphs (A) through (D) that is approved by the Secretary

of the military department concerned pursuant to regulations

prescribed by the Secretary of Defense and specified in the

agreement.

(d) Designated Military Occupational Specialties. - The Secretary

of Defense shall designate military occupational specialties for

purposes of subsection (c)(1). Such military occupational

specialties shall be military occupational specialties that, as

determined by the Secretary, will facilitate pursuit of national

service by National Call to Service participants.

(e) Incentives. - The incentives specified in this subsection are

as follows:

(1) Payment of a bonus in the amount of $5,000.

(2) Payment in an amount not to exceed $18,000 of outstanding

principal and interest on qualifying student loans of the

National Call to Service participant.

(3) Entitlement to an allowance for educational assistance at

the monthly rate equal to the monthly rate payable for basic

educational assistance allowances under section 3015(a)(1) of

title 38 for a total of 12 months.

(4) Entitlement to an allowance for educational assistance at

the monthly rate equal to 50 percent of the monthly rate payable

for basic educational assistance allowances under section

3015(b)(1) of title 38 for a total of 36 months.

(f) Election of Incentive. - A National Call to Service

participant shall elect in the agreement under subsection (b) which

incentive under subsection (e) to receive. An election under this

subsection is irrevocable.

(g) Payment of Bonus Amounts. - (1) Payment to a National Call to

Service participant of the bonus elected by the National Call to

Service participant under subsection (e)(1) shall be made in such

time and manner as the Secretary of Defense shall prescribe.

(2)(A) Payment of outstanding principal and interest on the

qualifying student loans of a National Call to Service participant,

as elected under subsection (e)(2), shall be made in such time and

manner as the Secretary of Defense shall prescribe.

(B) Payment under this paragraph of the outstanding principal and

interest on the qualifying student loans of a National Call to

Service participant shall be made to the holder of such student

loans, as identified by the National Call to Service participant to

the Secretary of the military department concerned for purposes of

such payment.

(3) Payment of a bonus or incentive in accordance with this

subsection shall be made by the Secretary of the military

department concerned.

(h) Coordination With Montgomery GI Bill Benefits. - (1)(A)

Subject to subparagraph (B), a National Call to Service participant

who elects an incentive under paragraph (3) or (4) of subsection

(e) is not entitled to additional educational assistance under

chapter 1606 of this title or to basic educational assistance under

subchapter II of chapter 30 of title 38.

(B) If a National Call to Service participant meets all

eligibility requirements specified in chapter 1606 of this title or

chapter 30 of title 38 for entitlement to allowances for

educational assistance under either such chapter, the participant

may become eligible for allowances for educational assistance

benefits under either such chapter up to the maximum allowance

provided less the total amount of allowance paid under paragraph

(3) or (4) of subsection (e).

(2)(A) The Secretary of Defense shall, to the maximum extent

practicable, administer the receipt by National 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 incentives, 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 regulations for purposes

of subparagraph (A). Such regulations 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.

(3)(A) Except as provided in paragraph (1), nothing in this

section shall prohibit a National Call to Service participant who

satisfies through service under subsection (c) the eligibility

requirements for educational assistance under chapter 1606 of this

title or basic educational assistance under chapter 30 of title 38

from an entitlement to such educational assistance under chapter

1606 of this title or basic educational assistance under chapter 30

of title 38, as the case may be.

(B)(i) A participant who made an election not to receive

educational assistance under either such chapter at the applicable

time specified under law or who was denied the opportunity to make

an election may revoke that election or make an initial election,

as the case may be, at such time and in such manner as the

Secretary concerned may specify. A revocation or initial election

under the preceding sentence is irrevocable.

(ii) The participant making a revocation or initial election

under clause (i) shall be eligible for educational assistance under

either such chapter at such time as the participant satisfies

through service the applicable eligibility requirements under

either such chapter.

(i) Repayment. - (1) If a National Call to Service participant

who has entered into an agreement under subsection (b) and received

or benefited from an incentive under subsection (e)(1) or (e)(2)

fails to complete the total period of service specified in such

agreement, the National Call to Service participant shall refund to

the United States the amount that bears the same ratio to the

amount of the incentive as the uncompleted part of such service

bears to the total period of such service.

(2) Subject to paragraph (3), an obligation to reimburse the

United States imposed under paragraph (1) is for all purposes a

debt owed to the United States.

(3) The Secretary concerned may waive, in whole or in part, a

reimbursement required under paragraph (1) if the Secretary

concerned determines that recovery would be against equity and good

conscience or would be contrary to the best interests of the United

States.

(4) A discharge in bankruptcy under title 11 that is entered into

less than five years after the termination of an agreement entered

into under subsection (b) does not discharge the person signing the

agreement from a debt arising under the agreement or under

paragraph (1).

(j) Funding. - Amounts for payment of incentives under subsection

(e), including payment of allowances for educational assistance

under that subsection, shall be derived from amounts available to

the Secretary of the military department concerned for payment of

pay, allowances, and other expenses of the members of the armed

force concerned.

(k) Regulations. - The Secretary of Defense and the Secretaries

of the military departments shall prescribe regulations for

purposes of the program under this section.

(l) Definitions. - In this section:

(1) The term ''Americorps'' means the Americorps program

carried out under subtitle C of title I of the National and

Community Service Act of 1990 (42 U.S.C. 12571 et seq.).

(2) The term ''qualifying student loan'' means a loan, the

proceeds of which were used to pay any part or all of the cost of

attendance (as defined in section 472 of the Higher Education Act

of 1965 (20 U.S.C. 1087ll) at an institution of higher education

(as defined in section 101 of the Higher Education Act of 1965

(20 U.S.C. 1001).

(3) The term ''Secretary of a military department'' includes,

with respect to matters concerning the Coast Guard when it is not

operating as a service in the Navy, the Secretary of the

Department in which the Coast Guard is operating.

-SOURCE-

(Added Pub. L. 107-314, div. A, title V, Sec. 531(a)(1), Dec. 2,

2002, 116 Stat. 2541.)

-REFTEXT-

REFERENCES IN TEXT

The National and Community Service Act of 1990, referred to in

subsec. (l)(1), is Pub. L. 101-610, Nov. 16, 1990, 104 Stat. 3127,

as amended. Subtitle C of title I of the Act is classified

generally to division C (Sec. 12571 et seq.) of subchapter I of

chapter 129 of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see Short Title

note set out under section 12501 of Title 42 and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 510 was renumbered section 12102 of this title.

-TRANS-

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 relating 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

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC5-

COMMENCEMENT OF PROGRAM

Pub. L. 107-314, div. A, title V, Sec. 531(b), Dec. 2, 2002, 116

Stat. 2544, provided that: ''The Secretary of Defense shall

prescribe the date on which the program provided for (sic) section

510 of title 10, United States Code, as added by subsection (a),

shall commence. Such date shall be not later than October 1,

2003.''

IMPLEMENTATION REPORT

Pub. L. 107-314, div. A, title V, Sec. 531(d), Dec. 2, 2002, 116

Stat. 2544, provided that: ''Not later than March 31, 2003, the

Secretary of Defense shall submit to the Committees on Armed

Services of the Senate and the House of Representatives a report on

the Secretary's plans for implementation of section 510 of title

10, United States Code, as added by subsection (a).''

EFFECTIVENESS REPORTS

Pub. L. 107-314, div. A, title V, Sec. 531(e), Dec. 2, 2002, 116

Stat. 2545, provided that: ''Not later than March 31, 2005, and

March 31, 2007, the Secretary of Defense shall submit to the

committees specified in subsection (d) reports on the effectiveness

of the program under section 510 of title 10, United States Code,

as added by subsection (a), in attracting new recruits to national

service.''

-CITE-

10 USC Sec. 511 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 31 - ENLISTMENTS

-HEAD-

(Sec. 511. Renumbered Sec. 12103)

-CITE-

10 USC Sec. 512 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 31 - ENLISTMENTS

-HEAD-

(Sec. 512. Renumbered Sec. 12104)

-CITE-

10 USC Sec. 513 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 31 - ENLISTMENTS

-HEAD-

Sec. 513. Enlistments: Delayed Entry Program

-STATUTE-

(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 Homeland

Security with respect to the Coast Guard when it is not operating

as a service in the Navy.

-SOURCE-

(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;

Pub. L. 107-296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116

Stat. 2314.)

-REFTEXT-

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.

-MISC2-

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

2002 - Subsec. (d). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation''.

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 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, 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, as amended by Pub. L. 107-107, div. A, title V, Sec.

542(a)-(c), Dec. 28, 2001, 115 Stat. 1110, 1111; Pub. L. 107-314,

div. A, title V, Sec. 535, title X, Sec. 1062(j)(1), Dec. 2, 2002,

116 Stat. 2548, 2651, 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 -

''(1) exercise the authority under section 513 of title 10,

United States Code -

''(A) 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; and

''(B) 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 the maximum

period 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 accepted for enlistment under paragraph (1)(A) for each

month of the period during which that person is enrolled in and

pursuing a program described in paragraph (1)(B).

''(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 enlistment

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

Officers' Training Corps with the corresponding number of years of

participation under section 209(a) of title 37, United States Code.

''(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 reserve 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 title 10, United States Code, or section 502(a) of

title 32, United States Code. Satisfactory performance shall be

determined under regulations prescribed by the Secretary.

''(4) 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) Repealed. Pub. L. 107-314, div. A, title V, Sec. 535,

Dec. 2, 2002, 116 Stat. 2548.)

''(f) Recoupment of Allowance. - (1) A person who, after

receiving an allowance under this section, fails to complete the

total period of service required of that person in connection with

delayed entry authorized for the person under section 513 of title

10, United States Code, 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,

United States Code, 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 of

title 10, United States Code, does not discharge that person from a

debt arising under paragraph (1).

''(4) The Secretary of the Army may waive, in whole or in part, a

debt arising under paragraph (1) in any case for which the

Secretary determines that recovery would be against equity and good

conscience or would be contrary to the best interests of the United

States.

''(g) 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.

''(h) 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.

''(i) 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.''

(Pub. L. 107-107, div. A, title V, Sec. 542(d), Dec. 28, 2001,

115 Stat. 1112, provided that: ''The amendments made by this

section (amending section 573 of Pub. L. 106-65, set out above)

shall apply with respect to persons who, on or after the date of

the enactment of this Act (Dec. 28, 2001), are enlisted as

described in subsection (a) of section 513 of title 10, United

States Code, with delayed entry authorized under that section.'')

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 520c, 10147 of this

title; title 37 section 205.

-CITE-

10 USC Sec. 514 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 31 - ENLISTMENTS

-HEAD-

Sec. 514. Bounties prohibited; substitutes prohibited

-STATUTE-

(a) No bounty may be paid to induce any person to enlist in an

armed force. A clothing allowance or enlistment bonus authorized

by law is not a bounty for the purposes of this subsection.

(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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 19.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

514(a) 514(b) 50 App.:458 (1st June 24, 1948, ch.

sentence, less 625, Sec. 8 (less

applicability to applicability to

induction). 50 induction), 62

App.:458 (last Stat. 614.

sentence, less

applicability to

induction).

-------------------------------

In subsection (b), the words ''active duty'' are substituted for

the words ''training and service''. The word ''may'' is

substituted for the words ''shall be permitted or allowed''. The

last sentence is substituted for 50 App.:458 (words between 1st and

last semicolons). 50 App.:458 (words after last semicolon) is

omitted as applicable only to induction.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 37 section 309.

-CITE-

10 USC Sec. 515 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 31 - ENLISTMENTS

-HEAD-

Sec. 515. Reenlistment after discharge as warrant officer

-STATUTE-

A person who has been discharged from a regular component of an

armed force under section 1165 or 1166 of this title may, upon his

request and in the discretion of the Secretary concerned, be

enlisted in that armed force in the grade prescribed by the

Secretary. However, a person discharged under section 1165 of this

title may not be enlisted in a grade lower than the grade that he

held immediately before appointment as a warrant officer.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 19.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

515 10:600d (last 36 May 29, 1954, ch.

words of last 249, Sec. 6 (last

sentence). 34:135d 36 words of last

(last 36 words of sentence), 15 (last

last sentence). 21 words of 3d

10:600m (last 21 sentence), 68 Stat.

words of 3d 159, 164.

sentence). 34:430a

(last 21 words of

3d sentence).

-------------------------------

The first 20 words are inserted for clarity. The word

''request'' is substituted for the word ''application''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1165, 1166 of this title.

-CITE-

10 USC Sec. 516 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 31 - ENLISTMENTS

-HEAD-

Sec. 516. Effect upon enlisted status of acceptance of appointment

as cadet or midshipman

-STATUTE-

(a) The enlistment or period of obligated service of an enlisted

member of the armed forces who accepts an appointment as a cadet at

the United States Military Academy, the United States Air Force

Academy, or the United States Coast Guard Academy, or as a

midshipman at the United States Naval Academy or in the Naval

Reserve, may not be terminated because of the acceptance of that

appointment. However, while serving as a cadet or midshipman at an

Academy, he is entitled only to the pay, allowances, compensation,

pensions, and other benefits provided by law for such a cadet or

midshipman or, if he is a midshipman in the Naval Reserve, to the

compensation and emoluments of a midshipman in the Naval Reserve.

(b) If a person covered by subsection (a) is separated from

service as a cadet or midshipman, or from service as a midshipman

in the Naval Reserve, for any reason other than his appointment as

a commissioned officer of a regular or reserve component of an

armed force or because of a physical disability, he resumes his

enlisted status and shall complete the period of service for which

he was enlisted or for which he has an obligation, unless he is

sooner discharged. In computing the unexpired part of an

enlistment or period of obligated service for the purposes of this

subsection, all service as a cadet or midshipman is counted as

service under that enlistment or period of obligated service.

-SOURCE-

(Added Pub. L. 85-861, Sec. 1(9)(A), Sept. 2, 1958, 72 Stat. 1439.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

516(a) 516(b) 50:1411. 50:1412. June 25, 1956, ch.

439, Sec. 1, 2, 70

Stat. 333.

-------------------------------

In subsection (a), the words ''on or after June 25, 1956'' are

omitted as executed. The words ''Regular, Reserve'' and ''during

the continuation of the cadet or midshipman status of such member''

are omitted as surplusage. The words ''if he is a midshipman in

the Naval Reserve * * * of a midshipman in the Naval Reserve'' are

substituted for the words ''accruing to such reserve midshipman by

virtue of his status in the Naval Reserve''.

In subsection (b), the words ''a person covered by subsection

(a)'' are substituted for 50:1412 (1st 84 words of 1st sentence).

The words ''his appointment as a commissioned officer of'' are

substituted for the words ''the acceptance of a commission in''.

The words ''and shall complete the period of service for which he

was enlisted or for which he has an obligation, unless he is sooner

discharged'' are substituted for 50:1412 (2d sentence). The words

''promoted or'' are omitted as unnecessary, since the only kind of

promotion involved is that to officer, in which case the member is

discharged from his enlisted status. The words ''as service under

that enlistment'' are substituted for the words ''as time serviced

under such contract''.

-TRANS-

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 relating 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

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-CITE-

10 USC Sec. 517 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 31 - ENLISTMENTS

-HEAD-

Sec. 517. Authorized daily average: members in pay grades E-8 and

E-9

-STATUTE-

(a) The authorized daily average number of enlisted members on

active duty (other than for training) in an armed force in pay

grades E-8 and E-9 in a fiscal year may not be more than 2.5

percent and 1 percent, respectively, of the number of enlisted

members of that armed force who are on active duty (other than for

training) on the first day of that fiscal year. In computing the

limitations prescribed in the preceding sentence, there shall be

excluded enlisted members of an armed force on active duty (other

than for training) in connection with organizing, administering,

recruiting, instructing, or training the reserve component of an

armed force.

(b) Whenever the number of members serving in pay grade E-9 is

less than the number authorized for that grade under subsection

(a), the difference between the two numbers may be applied to

increase the number authorized under such subsection for pay grade

E-8.

(c) Whenever under section 527 of this title the President may

suspend the operation of any provision of section 523, 525, or 526

of this title, the Secretary of Defense may suspend the operation

of any provision of this section. Any such suspension shall, if

not sooner ended, end in the manner specified in section 527 for a

suspension under that section.

-SOURCE-

(Added Pub. L. 87-649, Sec. 2(1), Sept. 7, 1962, 76 Stat. 492;

amended Pub. L. 96-584, Sec. 4, Dec. 23, 1980, 94 Stat. 3377; Pub.

L. 97-86, title V, Sec. 503(1), (2), Dec. 1, 1981, 95 Stat. 1107,

1108; Pub. L. 97-252, title V, Sec. 503(a), Sept. 8, 1982, 96 Stat.

727; Pub. L. 98-94, title V, Sec. 503(a), Sept. 24, 1983, 97 Stat.

631; Pub. L. 98-525, title IV, Sec. 413(a), 414(a)(2), Oct. 19,

1984, 98 Stat. 2517, 2518; Pub. L. 99-145, title IV, Sec. 413(a),

Nov. 8, 1985, 99 Stat. 619; Pub. L. 100-180, div. A, title IV,

Sec. 413(a), Dec. 4, 1987, 101 Stat. 1083; Pub. L. 101-189, div.

A, title IV, Sec. 413(a), Nov. 29, 1989, 103 Stat. 1433; Pub. L.

102-190, div. A, title IV, Sec. 413(a), Dec. 5, 1991, 105 Stat.

1352; Pub. L. 103-160, div. A, title IV, Sec. 413(a), Nov. 30,

1993, 107 Stat. 1642; Pub. L. 103-337, div. A, title V, Sec.

552(a), title XVI, Sec. 1662(a)(4), Oct. 5, 1994, 108 Stat. 2772,

2988; Pub. L. 105-261, div. A, title IV, Sec. 407(a), title X,

Sec. 1069(a)(2), Oct. 17, 1998, 112 Stat. 1996, 2135; Pub. L.

106-398, Sec. 1 ((div. A), title IV, Sec. 421(a)), Oct. 30, 2000,

114 Stat. 1654, 1654A-95; Pub. L. 107-107, div. A, title IV, Sec.

403, Dec. 28, 2001, 115 Stat. 1069.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

517 37:232(c) (last Oct. 12, 1949, ch.

sentence). 681, Sec. 201(c)

(last sentence);

added May 20, 1958,

Pub. L. 85-422,

Sec. 1(3) (last

sentence), 72 Stat.

124.

-------------------------------

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-107 substituted ''2.5 percent''

for ''2 percent (or, in the case of the Army, 2.5 percent)''.

2000 - Subsec. (c). Pub. L. 106-398 added subsec. (c).

1998 - Subsec. (a). Pub. L. 105-261, Sec. 1069(a)(2), substituted

''The authorized'' for ''Except as provided in section 307 of title

37, the authorized''.

Pub. L. 105-261, Sec. 407(a), substituted ''a fiscal year'' for

''a calendar year'' and ''the first day of that fiscal year'' for

''January 1 of that year''.

1994 - Subsec. (a). Pub. L. 103-337, Sec. 552(a), inserted ''(or,

in the case of the Army, 2.5 percent)'' after ''may not be more

than 2 percent''.

Subsec. (b). Pub. L. 103-337, Sec. 1661(a)(4)(B), redesignated

subsec. (c) as (b) and struck out ''or whenever the number of

members serving in pay grade E-9 for duty described in subsection

(b) is less than the number authorized for that grade under

subsection (b),'' after ''under subsection (a),''.

Pub. L. 103-337, Sec. 1662(a)(4)(A), struck out subsec. (b) which

limited the number of enlisted members in pay grades E-8 and E-9

who could be on active duty (other than for training) or on

full-time National Guard duty under the authority of section 502(f)

of title 32 (other than for training) as of the end of any fiscal

year in connection with organizing, administering, recruiting,

instructing, or training the reserve components or the National

Guard.

Subsec. (c). Pub. L. 103-337, Sec. 1662(a)(4)(B), redesignated

subsec. (c) as (b).

1993 - Subsec. (b). Pub. L. 103-160, in table, increased fiscal

year limitation on number of enlisted men in pay grades E-8 and E-9

on active duty affecting reserve components of the Air Force to 328

and 840 from 279 and 800, respectively.

1991 - Subsec. (b). Pub. L. 102-190, in table, increased fiscal

year limitation on number of enlisted men in pay grade E-8 on

active duty affecting reserve components of the Air Force from 670

to 800, and increased limitation on number of enlisted men in pay

grade E-9 on active duty affecting reserve components of the Army

from 557 to 569, the Air Force from 231 to 279, and the Marine

Corps from 13 to 14.

1989 - Subsec. (b). Pub. L. 101-189, Sec. 413(a)(2), in table,

increased fiscal year limitation on number of enlisted men in pay

grades E-8 and E-9 on active duty affecting reserve components of

the armed forces: Army, to 557 and 2,585 from 542 and 2,504,

respectively; Navy, to 202 and 429 from 200 and 425, respectively;

Air Force, to 231 and 670 from 224 and 637, respectively. Marine

Corps figures remained unchanged.

Pub. L. 101-189, Sec. 413(a)(1), in table, increased fiscal year

limitation on number of enlisted men in pay grades E-8 and E-9 on

active duty affecting reserve components of the armed forces: Army,

to 542 and 2,504 from 529 and 2,350, respectively; Navy, to 200 and

425 from 180 and 400, respectively; Air Force, to 224 and 637 from

150 and 425, respectively. Marine Corps figures remained

unchanged.

1987 - Subsec. (b). Pub. L. 100-180, Sec. 413(a)(2), in table,

increased fiscal year limitation on number of enlisted men in pay

grades E-8 and E-9 on active duty affecting reserve components of

the armed forces: Army, to 529 and 2,350 from 517 and 2,295,

respectively; Navy, to 180 and 400 from 175 and 390, respectively;

Air Force, to 150 and 425 from 125 and 425, respectively. Marine

Corps figures remained unchanged.

Pub. L. 100-180, Sec. 413(a)(1), in table, increased fiscal year

limitation on number of enlisted men in pay grades E-8 and E-9 on

active duty affecting reserve components of the armed forces: Navy,

to 175 and 390 from 165 and 381, respectively; Air Force, to 125

and 425 from 80 and 358, respectively; Marine Corps, to 13 and 74

from 9 and 74, respectively. Army figures remained unchanged.

1985 - Subsec. (b). Pub. L. 99-145 in table, changed fiscal year

limitation on number of enlisted men in pay grades E-8 and E-9 on

active duty affecting reserve components of the armed forces: Navy,

to 165 and 381 from 156 and 381, respectively; Air Force, to 80 and

358 from 87 and 455, respectively. Army and Marine Corps figures

remained unchanged.

1984 - Subsec. (b). Pub. L. 98-525, Sec. 414(a)(2), inserted

''(other than for training) or on full-time National Guard duty

under the authority of section 502(f) of title 32 (other than for

training)'' and substituted ''or the National Guard'' for ''of the

armed forces'' and ''for that grade and armed force'' for

''prescribed for the grade and the armed force''.

Pub. L. 98-525, Sec. 413(a), in table, increased fiscal year

limitation on number of enlisted men in pay grades E-8 and E-9 on

active duty affecting reserve components of the armed forces: Army,

to 2,295 and 517 from 1,494 and 314; Air Force, to 455 and 87 from

617 and 143; Marine Corps, to 74 and 9 from 56 and 6. Navy figures

remained unchanged.

1983 - Subsec. (b). Pub. L. 98-94 increased fiscal year

limitation on number of enlisted men in pay grades E-8 and E-9 on

active duty affecting reserve components of the armed forces: Army,

to 1,494 and 314 from 1,244 and 265; Navy, to 381 and 156 from 329

and 156; Air Force, to 617 and 143 from 441 and 132; Marine Corps

figures remained unchanged.

1982 - Subsec. (b). Pub. L. 97-252 increased the numbers in

columns from 222, 146, 76, and 4 in the line for E-9 to 265, 156,

132, and 6, respectively, and from 908, 319, 307, and 12 in line

for E-8 to 1,244, 329, 441, and 56, respectively.

1981 - Subsec. (b). Pub. L. 97-86, Sec. 503(1), inserted column

for ''Marine Corps'' in table and increased numbers in existing

columns headed ''Army'', ''Navy'', and ''Air Force'' from 209, 140,

and 71 in line for E-9 to 222, 146, and 76, respectively, and from

823, 302, and 302 in line for E-8 to 908, 319, and 307,

respectively.

Subsec. (c). Pub. L. 97-86, Sec. 503(2), added subsec. (c).

1980 - Pub. L. 96-584 designated existing provisions as subsec.

(a), inserted provisions respecting computation of limitations, and

added subsec. (b).

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-261, div. A, title IV, Sec. 407(b), Oct. 17, 1998,

112 Stat. 1996, provided that: ''The amendments made by subsection

(a) (amending this section) shall take effect on October 1, 1999.''

EFFECTIVE DATE OF 1994 AMENDMENT

Section 552(c) of Pub. L. 103-337 provided that: ''The amendment

made by subsection (a) (amending this section) shall not apply with

respect to the number of enlisted members of the Army on active

duty in pay grade E-8 during 1994.''

Amendment by section 1662(a)(4) of Pub. L. 103-337 effective Dec.

1, 1994, except as otherwise provided, see section 1691 of Pub. L.

103-337, set out as an Effective Date note under section 10001 of

this title.

EFFECTIVE DATE OF 1989 AMENDMENT

Section 413(a)(2) of Pub. L. 101-189 provided that the amendment

made by that section is effective Oct. 1, 1990.

EFFECTIVE DATE OF 1987 AMENDMENT

Section 413(a)(2) of Pub. L. 100-180 provided that the amendment

made by that section is effective Oct. 1, 1988.

EFFECTIVE DATE OF 1985 AMENDMENT

Section 413(c) of Pub. L. 99-145 provided that: ''The amendments

made by subsections (a) and (b) (amending this section and section

524 (now 12011) of this title) shall take effect on October 1,

1985.''

EFFECTIVE DATE OF 1984 AMENDMENT

Section 413(c) of Pub. L. 98-525 provided that: ''The amendments

made by subsections (a) and (b) (amending this section and section

524 (now 12011) of this title) shall take effect on October 1,

1984.''

EFFECTIVE DATE OF 1983 AMENDMENT

Section 503(c) of Pub. L. 98-94 provided that: ''The amendments

made by subsections (a) and (b) (amending this section and section

524 (now 12011) of this title) shall take effect on October 1,

1983.''

EFFECTIVE DATE

Section effective Nov. 1, 1962, see section 15 of Pub. L. 87-649,

set out as a note preceding section 101 of Title 37, Pay and

Allowances of the Uniformed Services.

AUTHORIZED ACTIVE DUTY STRENGTHS FOR ARMY ENLISTED MEMBERS IN PAY

GRADE E-8; SPECIAL RULE FOR 1995

Section 552(b) of Pub. L. 103-337 provided that: ''The percentage

applicable to enlisted members of the Army in pay grade E-8 under

section 517(a) of title 10, United States Code, during 1995 shall

be 2.3 percent (rather than the percentage provided by the

amendment made by subsection (a) (amending this section)).''

AUTHORITY TO WAIVE GRADE STRENGTH LAWS FOR FISCAL YEAR 1991;

CERTIFICATION; RELATIONSHIP TO OTHER SUSPENSION AUTHORITY

Pub. L. 102-25, title II, Sec. 201(b), 202, 205(b), Apr. 6, 1991,

105 Stat. 79, 80, authorized Secretary of a military department to

suspend, for fiscal year 1991, the operation of any provision of

this section and section 523, 524 (now 12011), 525, or 526 of this

title with respect to that military department, that such Secretary

may exercise such authority only after submission to the

congressional defense committees of a certification in writing that

such authority is necessary because of personnel actions associated

with Operation Desert Storm, and that such authority is in addition

to the authority provided in section 527 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 168 of this title.

-CITE-

10 USC Sec. 518 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 31 - ENLISTMENTS

-HEAD-

Sec. 518. Temporary enlistments

-STATUTE-

Temporary enlistments may be made only in the Army, Navy, Air

Force, Marine Corps, or Coast Guard, as the case may be, without

specification of component.

-SOURCE-

(Added Pub. L. 90-235, Sec. 2(a)(1)(B), Jan. 2, 1968, 81 Stat.

755.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1172 of this title.

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 relating 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

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-CITE-

10 USC Sec. 519 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 31 - ENLISTMENTS

-HEAD-

Sec. 519. Temporary enlistments: during war or emergency

-STATUTE-

Except as provided in section 505 of this title and except for

enlistments as Reserves of an armed force -

(1) temporary enlistments in an armed force entered into in

time of war or of emergency declared by Congress shall be for the

duration of the war or emergency plus six months; and

(2) only persons at least eighteen years of age and otherwise

qualified under regulations to be prescribed by the Secretary

concerned are eligible for such enlistments.

-SOURCE-

(Added Pub. L. 90-235, Sec. 2(a)(1)(B), Jan. 2, 1968, 81 Stat.

755.)

-CITE-

10 USC Sec. 520 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 31 - ENLISTMENTS

-HEAD-

Sec. 520. Limitation on enlistment and induction of persons whose

score on the Armed Forces Qualification Test is below a

prescribed level

-STATUTE-

(a) The number of persons originally enlisted or inducted to

serve on active duty (other than active duty for training) in any

armed force during any fiscal year whose score on the Armed Forces

Qualification Test is at or above the tenth percentile and below

the thirty-first percentile may not exceed 20 percent of the total

number of persons originally enlisted or inducted to serve on

active duty (other than active duty for training) in such armed

force during such fiscal year.

(b) A person who is not a high school graduate may not be

accepted for enlistment in the armed forces unless the score of

that person on the Armed Forces Qualification Test is at or above

the thirty-first percentile; however, a person may not be denied

enlistment in the armed forces solely because of his not having a

high school diploma if his enlistment is needed to meet established

strength requirements.

-SOURCE-

(Added Pub. L. 96-342, title III, Sec. 302(b)(1), Sept. 8, 1980, 94

Stat. 1082; amended Pub. L. 96-579, Sec. 9, Dec. 23, 1980, 94 Stat.

3368; Pub. L. 97-86, title IV, Sec. 402(b)(1), Dec. 1, 1981, 95

Stat. 1104; Pub. L. 98-94, title XII, Sec. 1268(3), Sept. 24, 1983,

97 Stat. 705; Pub. L. 100-370, Sec. 1(a)(1), July 19, 1988, 102

Stat. 840.)

-MISC1-

HISTORICAL AND REVISION NOTES

1988 ACT

Amendment of subsection (b) is based on Pub. L. 93-307, title IV,

Sec. 401, June 8, 1974, 88 Stat. 234, as amended by Pub. L. 93-365,

title VII, Sec. 705, Aug. 5, 1974, 88 Stat. 406.

AMENDMENTS

1988 - Subsec. (b). Pub. L. 100-370 inserted before period at end

''; however, a person may not be denied enlistment in the armed

forces solely because of his not having a high school diploma if

his enlistment is needed to meet established strength

requirements''.

1983 - Subsec. (a). Pub. L. 98-94 struck out provisions under

which, for fiscal years beginning on October 1, 1980, and October

1, 1981, the total number of persons originally enlisted or

inducted to serve on active duty (other than active duty for

training) in the armed forces during such fiscal years whose score

on the Armed Forces Qualification Test was at or above the tenth

percentile and below the thirty-first percentile could not exceed

25 percent of the number of such persons enlisted or inducted into

the armed forces during such fiscal years, and, in the provisions

remaining applicable to fiscal years beginning after Sept. 30,

1982, substituted ''20 percent of the total number of persons

originally enlisted or inducted to serve on active duty (other than

active duty for training) in such armed force'' for ''20 percent of

the number of such persons enlisted or inducted into such armed

force''.

1981 - Pub. L. 97-86 designated existing provisions as subsec.

(a) and added subsec. (b).

1980 - Pub. L. 96-579 struck out subsec. (a) designation and

subsec. (b) authorizing the Secretary of Defense for national

security reasons to waive the enlistment and induction limitation

based on percentile limits conditioned upon notification of the

Congress and a concurrent resolution of approval.

EFFECTIVE DATE OF 1981 AMENDMENT

Section 402(b)(2) of Pub. L. 97-86 provided that: ''The

amendments made by paragraph (1) (amending this section) shall take

effect at the end of the 30-day period beginning on the date of the

enactment of this Act (Dec. 1, 1981).''

PILOT PROGRAM FOR TREATING GED AND HOME SCHOOL DIPLOMA RECIPIENTS

AS HIGH SCHOOL GRADUATES FOR DETERMINATIONS OF ELIGIBILITY FOR

ENLISTMENT IN ARMED FORCES

Pub. L. 105-261, div. A, title V, Sec. 571, Oct. 17, 1998, 112

Stat. 2033, as amended by Pub. L. 106-65, div. A, title X, Sec.

1067(3), Oct. 5, 1999, 113 Stat. 774, provided that:

''(a) Program Required. - The Secretary of Defense shall

establish a pilot program to assess whether the Armed Forces could

better meet recruiting requirements by treating GED recipients and

home school diploma recipients as having graduated from high school

with a high school diploma for the purpose of determining the

eligibility of those persons to enlist in the Armed Forces. The

Secretary of each military department shall administer the pilot

program for the Armed Force or armed forces under the jurisdiction

of that Secretary.

''(b) Persons Eligible Under the Pilot Program as High School

Graduates. - Under the pilot program, a person shall be treated as

having graduated from high school with a high school diploma for

the purpose described in subsection (a) if -

''(1) the person has completed a general education development

program while participating in the National Guard Challenge

Program under section 509 of title 32, United States Code, and is

a GED recipient; or

''(2) the person is a home school diploma recipient and

provides a transcript demonstrating completion of high school to

the military department involved under the pilot program.

''(c) GED and Home School Diploma Recipients. - For the purposes

of this section -

''(1) a person is a GED recipient if the person, after

completing a general education development program, has obtained

certification of high school equivalency by meeting State

requirements and passing a State approved exam that is

administered for the purpose of providing an appraisal of the

person's achievement or performance in the broad subject matter

areas usually required for high school graduates; and

''(2) a person is a home school diploma recipient if the person

has received a diploma for completing a program of education

through the high school level at a home school, without regard to

whether the home school is treated as a private school under the

law of the State in which located.

''(d) Annual Limit on Number. - Not more than 1,250 GED

recipients and home school diploma recipients enlisted by an armed

force during a fiscal year may be treated under the pilot program

as having graduated from high school with a high school diploma.

''(e) Duration of Pilot Program. - The pilot program shall be in

effect during the period beginning on October 1, 1998, and ending

on September 30, 2003.

''(f) Report. - Not later than February 1, 2004, the Secretary of

Defense shall submit to the Committee on Armed Services of the

Senate and the Committee on Armed Services of the House of

Representatives a report on the pilot program. The report shall

include the following, set forth separately for GED recipients and

home school diploma recipients:

''(1) The assessment of the Secretary of Defense, and any

assessment of any of the Secretaries of the military departments,

regarding the value of, and any necessity for, authority to treat

GED recipients and home school diploma recipients as having

graduated from high school with a high school diploma for the

purpose of determining the eligibility of those persons to enlist

in the Armed Forces.

''(2) A comparison (shown by armed force and by each fiscal

year of the pilot program) of the performance of the persons who

enlisted during the fiscal year as GED or home school diploma

recipients treated under the pilot program as having graduated

from high school with a high school diploma with the performance

of the persons who enlisted in that armed force during the same

fiscal year after having graduated from high school with a high

school diploma, with respect to the following:

''(A) Attrition.

''(B) Discipline.

''(C) Adaptability to military life.

''(D) Aptitude for mastering the skills necessary for

technical specialties.

''(E) Reenlistment rates.

''(g) State Defined. - For purposes of this section, the term

'State' includes the District of Columbia, the Commonwealth of

Puerto Rico, and the territories of the United States.''

MAXIMUM NUMBER OF ARMY ENLISTEES AND INDUCTEES WHO ARE NOT HIGH

SCHOOL GRADUATES

Section 302(a) of Pub. L. 96-342, as amended by Pub. L. 97-86,

title IV, Sec. 402(a), Dec. 1, 1981, 95 Stat. 1104; Pub. L. 97-252,

title IV, Sec. 403, Sept. 8, 1982, 96 Stat. 725; Pub. L. 98-94,

title IV, Sec. 402, Sept. 24, 1983, 97 Stat. 629; Pub. L. 98-525,

title IV, Sec. 402, Oct. 19, 1984, 98 Stat. 2516; Pub. L. 99-145,

title IV, Sec. 402, Nov. 8, 1985, 99 Stat. 618, provided that:

''The number of male individuals (with no prior military service)

enlisted or inducted into the Army during the fiscal year beginning

on October 1, 1985, who are not high school graduates may not

exceed, as of September 30, 1986, 35 percent of all male

individuals (with no prior military service) enlisted or inducted

into the Army during such fiscal year.''

(Section 402 of Pub. L. 99-145 provided that amendment of this

note by Pub. L. 99-145 is effective Oct. 1, 1985.)

(Section 402 of Pub. L. 98-525 provided that amendment of this

note by Pub. L. 98-525 is effective Oct. 1, 1984.)

(Section 402 of Pub. L. 98-94 provided that amendment of this

note by Pub. L. 98-94 is effective Oct. 1, 1983.)

(Section 403 of Pub. L. 97-252 provided that amendment of this

note by Pub. L. 97-252 is effective Oct. 1, 1982.)

DENIAL OF ENLISTMENT FOR LACK OF HIGH SCHOOL DIPLOMA PROHIBITED

Pub. L. 93-307, title IV, Sec. 401, June 8, 1974, 88 Stat. 234,

as amended by Pub. L. 93-365, title VII, Sec. 705, Aug. 5, 1974, 88

Stat. 406, which provided that no volunteer for enlistment into the

Armed Forces shall be denied enlistment solely because of his not

having a high school diploma when his enlistment is needed to meet

established strength requirements, was repealed and restated in

sections 520(b) and 3262 of this title by Pub. L. 100-370, Sec.

1(a), July 19, 1988, 102 Stat. 840.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3262 of this title.

-CITE-

10 USC Sec. 520a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 31 - ENLISTMENTS

-HEAD-

(Sec. 520a. Repealed. Pub. L. 106-398, Sec. 1 ((div. A), title X,

Sec. 1076(g)(1)), Oct. 30, 2000, 114 Stat. 1654, 1654A-282)

-MISC1-

Section, added Pub. L. 97-252, title XI, Sec. 1114(c)(1), Sept.

8, 1982, 96 Stat. 749; amended Pub. L. 104-106, div. A, title XV,

Sec. 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106-65,

div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774,

related to criminal history information for military recruiting

purposes.

-CITE-

10 USC Sec. 520b 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 31 - ENLISTMENTS

-HEAD-

Sec. 520b. Applicants for enlistment: authority to use funds for

the issue of authorized articles

-STATUTE-

Funds appropriated to the Department of Defense may be used for

the issue of authorized articles to applicants for enlistment.

-SOURCE-

(Added Pub. L. 98-525, title XIV, Sec. 1401(a)(1), Oct. 19, 1984,

98 Stat. 2614; amended Pub. L. 99-145, title XIII, Sec.

1303(a)(4)(A), Nov. 8, 1985, 99 Stat. 738.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

following appropriation acts:

Oct. 12, 1984, Pub. L. 98-473, title I, Sec. 101(h) (title VIII,

Sec. 8006), 98 Stat. 1904, 1923.

Dec. 8, 1983, Pub. L. 98-212, title VII, Sec. 709, 97 Stat. 1439.

Dec. 21, 1982, Pub. L. 97-377, title I, Sec. 101(c) (title VII,

Sec. 709), 96 Stat. 1833, 1851.

Dec. 29, 1981, Pub. L. 97-114, title VII, Sec. 709, 95 Stat.

1579.

Dec. 15, 1980, Pub. L. 96-527, title VII, Sec. 709, 94 Stat.

3081.

Dec. 21, 1979, Pub. L. 96-154, title VII, Sec. 709, 93 Stat.

1153.

Oct. 13, 1978, Pub. L. 95-457, title VIII, Sec. 809, 92 Stat.

1244.

Sept. 21, 1977, Pub. L. 95-111, title VIII, Sec. 808, 91 Stat.

900.

Sept. 22, 1976, Pub. L. 94-419, title VII, Sec. 708, 90 Stat.

1292.

Feb. 9, 1976, Pub. L. 94-212, title VII, Sec. 708, 90 Stat. 169.

Oct. 8, 1974, Pub. L. 93-437, title VIII, Sec. 808, 88 Stat.

1225.

Jan. 2, 1974, Pub. L. 93-238, title VII, Sec. 708, 87 Stat. 1039.

Oct. 26, 1972, Pub. L. 92-570, title VII, Sec. 708, 86 Stat.

1197.

Dec. 18, 1971, Pub. L. 92-204, title VII, Sec. 708, 85 Stat. 728.

Jan. 11, 1971, Pub. L. 91-668, title VIII, Sec. 808, 84 Stat.

2031.

Dec. 29, 1969, Pub. L. 91-171, title VI, Sec. 608, 83 Stat. 480.

Oct. 17, 1968, Pub. L. 90-580, title V, Sec. 507, 82 Stat. 1130.

Sept. 29, 1967, Pub. L. 90-96, title VI, Sec. 607, 81 Stat. 242.

Oct. 15, 1966, Pub. L. 89-687, title VI, Sec. 607, 80 Stat. 991.

Sept. 29, 1965, Pub. L. 89-213, title VI, Sec. 607, 79 Stat. 874.

Aug. 19, 1964, Pub. L. 88-446, title V, Sec. 507, 78 Stat. 475.

Oct. 17, 1963, Pub. L. 88-149, title V, Sec. 507, 77 Stat. 264.

Aug. 9, 1962, Pub. L. 87-577, title V, Sec. 507, 76 Stat. 328.

Aug. 17, 1961, Pub. L. 87-144, title II, Sec. 201, 75 Stat. 367,

369.

July 7, 1960, Pub. L. 86-601, title II, Sec. 201, 74 Stat. 340,

342.

Aug. 18, 1959, Pub. L. 86-166, title II, Sec. 201, 73 Stat. 368,

370.

Aug. 22, 1958, Pub. L. 85-724, title III, Sec. 301, title V, Sec.

501, 72 Stat. 714, 721.

Aug. 2, 1957, Pub. L. 85-117, title III, Sec. 301, title V, Sec.

501, 71 Stat. 314, 321.

July 2, 1956, ch. 488, title III, Sec. 301, title V, Sec. 501, 70

Stat. 457, 464.

July 13, 1955, ch. 358, title III, Sec. 301, title V, Sec. 501,

69 Stat. 304, 312.

June 30, 1954, ch. 432, title IV, Sec. 401, title VI, Sec. 601,

68 Stat. 339, 347.

Aug. 1, 1953, ch. 305, title III, Sec. 301, title V, Sec. 501, 67

Stat. 339, 348.

July 10, 1952, ch. 630, title III, Sec. 301, title V, Sec. 501,

66 Stat. 520, 530.

Oct. 18, 1951, ch. 512, title III, Sec. 301, title V, Sec. 501,

65 Stat. 429, 443.

Sept. 6, 1950, ch. 896, Ch. X, title III, Sec. 301, title V, Sec.

501, 64 Stat. 735, 750.

Oct. 29, 1949, ch. 787, title III, Sec. 301, title V, Sec. 501,

63 Stat. 992, 1015.

June 24, 1948, ch. 632, 62 Stat. 655.

July 30, 1947, ch. 357, title I, Sec. 1, 61 Stat. 557.

July 16, 1946, ch. 583, Sec. 1, 60 Stat. 547, 548.

July 3, 1945, ch. 265, Sec. 1, 59 Stat. 390.

June 28, 1944, ch. 303, Sec. 1, 58 Stat. 580.

July 1, 1943, ch. 185, Sec. 1, 57 Stat. 354.

July 2, 1942, ch. 477, Sec. 1, 56 Stat. 617.

June 30, 1941, ch. 262, Sec. 1, 55 Stat. 373.

June 13, 1940, ch. 343, Sec. 1, 54 Stat. 358, 359.

Apr. 26, 1939, ch. 88, Sec. 1, 53 Stat. 600.

June 11, 1938, ch. 37, Sec. 1, 52 Stat. 649.

July 1, 1937, ch. 423, Sec. 1, 50 Stat. 450.

May 15, 1936, ch. 404, Sec. 1, title I, 49 Stat. 1286.

Apr. 9, 1935, ch. 54, Sec. 1, title I, 49 Stat. 128.

Apr. 26, 1934, ch. 165, title I, 48 Stat. 621.

Mar. 4, 1933, ch. 281, title I, 47 Stat. 1577.

July 14, 1932, ch. 482, title I, 47 Stat. 670, 671.

Feb. 23, 1931, ch. 279, title I, 46 Stat. 1283, 1284.

May 28, 1930, ch. 348, title I, 46 Stat. 438.

Feb. 28, 1929, ch. 366, title I, 45 Stat. 1356.

Mar. 23, 1928, ch. 232, title I, 45 Stat. 332.

Feb. 23, 1927, ch. 167, title I, 44 Stat. 1113.

Apr. 15, 1926, ch. 146, title I, 44 Stat. 262.

Feb. 12, 1925, ch. 225, title I, 43 Stat. 900.

AMENDMENTS

1985 - Pub. L. 99-145 substituted ''enlistment'' for

''enlistments''.

EFFECTIVE DATE

Section 1404 of Pub. L. 98-525 provided that: ''The amendments

made by sections 1401 (enacting this section and sections 956, 979

to 981, 1047 to 1050, 1074b (now 1074c), 1093, 1589, 2007 to 2009,

2484, 2638, and 2639 of this title, amending sections 1074, 1077,

1079, 2104, and 7204 of this title, and repealing section 7208 of

this title), 1402 (enacting section 306a of Title 37, Pay and

Allowances of the Uniformed Services, and amending sections 206 and

404 of Title 37), and 1403 (amending provisions set out as a note

under section 138 of this title and repealing provisions set out as

notes under sections 138 and 2102 of this title) take effect on

October 1, 1985.''

-CITE-

10 USC Sec. 520c 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 31 - ENLISTMENTS

-HEAD-

Sec. 520c. Recruiting functions: use of funds

-STATUTE-

(a) Provision of Meals and Refreshments. - Under regulations

prescribed by the Secretary concerned, funds appropriated to the

Department of Defense for recruitment of military personnel may be

expended for small meals and refreshments during recruiting

functions for the following persons:

(1) Persons who have enlisted under the Delayed Entry Program

authorized by section 513 of this title.

(2) Persons who are objects of armed forces recruiting efforts.

(3) Persons whose assistance in recruiting efforts of the

military departments is determined to be influential by the

Secretary concerned.

(4) Members of the armed forces and Federal employees when

attending recruiting functions in accordance with a requirement

to do so.

(5) Other persons whose presence at recruiting functions will

contribute to recruiting efforts.

(b) Annual Report. - Not later than February 1 of each of the

years 1998 through 2002, the Secretary of Defense shall submit to

Congress a report on the extent to which the authority under

subsection (a) was exercised during the fiscal year ending in the

preceding year.

-SOURCE-

(Added Pub. L. 104-201, div. A, title III, Sec. 361(a), Sept. 23,

1996, 110 Stat. 2491; amended Pub. L. 107-107, div. A, title V,

Sec. 545, Dec. 28, 2001, 115 Stat. 1113.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a)(4). Pub. L. 107-107, Sec. 545(b)(1),

substituted ''recruiting functions'' for ''recruiting events''.

Subsec. (a)(5). Pub. L. 107-107, Sec. 545(b)(2), substituted

''presence at recruiting functions'' for ''presence at recruiting

efforts''.

Subsec. (c). Pub. L. 107-107, Sec. 545(a), struck out heading and

text of subsec. (c). Text read as follows: ''The authority in

subsection (a) may not be exercised after September 30, 2001.''

-CITE-