Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)

Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via
Atlas depot), ingested with the standard pipeline: raw snapshot ->
per-section OKF markdown -> manifest + checksums. Title 52 untouched.
LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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title_number: 10
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# 10 U.S.C. § 501 - Definition
## Text
In this chapter “enlistment” means original enlistment or reenlistment.
(Added Pub. L. 90235, § 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 753.)
## Notes
Editorial Notes
Codification Another section 501 was renumbered section 500a of this title.
Prior ProvisionsA prior section 501 was renumbered 502 of this title.
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# 10 U.S.C. § 502 - Enlistment oath: who may administer
## Text
(a) Enlistment Oath.— 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.”
(b) Who May Administer.— The oath may be taken before the President, the Vice-President, the Secretary of Defense, any commissioned officer, or any other person designated under regulations prescribed by the Secretary of Defense.
(Aug. 10, 1956, ch. 1041, 70A Stat. 17, § 501; Pub. L. 87751, § 1, Oct. 5, 1962, 76 Stat. 748; renumbered § 502, Pub. L. 90235, § 2(a)(1)(A), Jan. 2, 1968, 81 Stat. 753; Pub. L. 101189, div. A, title VI, § 653(a)(1), Nov. 29, 1989, 103 Stat. 1462; Pub. L. 109364, div. A, title V, § 595(a), Oct. 17, 2006, 120 Stat. 2235.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 50150:737.May 5, 1950, ch. 169, § 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.
Editorial Notes
References in TextThe Uniform Code of Military Justice, referred to in the oath, is classified to chapter 47 (§ 801 et seq.) of this title.
Codification Another section 502 was renumbered section 500b of this title.
Amendments2006—Pub. L. 109364 designated existing provisions as subsec. (a), inserted heading, struck out concluding provisions which read as follows: “This oath may be taken before any commissioned officer of any armed force.”, and added subsec. (b). 1989—Pub. L. 101189 struck out “or affirmation” after “This oath”. 1962—Pub. L. 87751 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.
Statutory Notes and Related Subsidiaries
Effective Date of 1962 AmendmentPub. L. 87751, § 3, Oct. 5, 1962, 76 Stat. 748, 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].”
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# 10 U.S.C. § 504 - Persons not qualified
## Text
(a) Insanity, Desertion, Felons, Etc.— 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.
(b) Citizenship or Residency.— (1) A person may be enlisted in any armed force only if the person is one of the following:
(A) A national of the United States, as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
(B) An alien who is lawfully admitted for permanent residence, as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).
(C) A person described in section 341 of one of the following compacts:
(i) The Compact of Free Association between the Federated States of Micronesia and the United States (section 201(a) of Public Law 108188 (117 Stat. 2784; 48 U.S.C. 1921 note)).
(ii) The Compact of Free Association between the Republic of the Marshall Islands and the United States (section 201(b) of Public Law 108188 (117 Stat. 2823; 48 U.S.C. 1921 note)).
(iii) The Compact of Free Association between Palau and the United States (section 201 of Public Law 99658 (100 Stat. 3678; 48 U.S.C. 1931 note)).
(2) Notwithstanding paragraph (1), and subject to paragraph (3), the Secretary concerned may authorize the enlistment of a person not described in paragraph (1) if the Secretary determines that such person possesses a critical skill or expertise—
(A) that is vital to the national interest; and
(B) that the person will use in the primary daily duties of that person as a member of the armed forces.
(3) (A) No person who enlists under paragraph (2) may report to initial training until after the Secretary concerned has completed all required background investigations and security and suitability screening as determined by the Secretary of Defense regarding that person.
(B) A Secretary concerned may not authorize more than 1,000 enlistments under paragraph (2) per military department in a calendar year until after—
(i) the Secretary of Defense submits to Congress written notice of the intent of that Secretary concerned to authorize more than 1,000 such enlistments in a calendar year; and
(ii) a period of 30 days has elapsed after the date on which Congress receives the notice.
(c) Alternative Service in Areas of National Interest.— (1) The Secretary of Defense shall carry out a program to provide to an individual described in paragraph (2) information about opportunities to work in areas of national interest to the United States.
(2) An individual described in this paragraph is an individual who seeks to originally enlist in an armed force but is denied enlistment.
(3) In carrying out the program required by paragraph (1), the Secretary shall—
(A) identify job opportunities in the defense industrial base, cybersecurity or intelligence support, research and development in defense technologies, national emergency and disaster preparedness, or any other non-military field the Secretary considers in the national interests of the United States;
(B) provide available information about training or certification programs to obtain the skills necessary for such a job; and
(C) seek to enter into agreements with entities in the fields described in subparagraph (A).
(4) The Secretary of Defense shall annually submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the program required by this subsection. Such report shall include, with respect to the year preceding the date of the report, the following elements:
(A) The number of individuals described in paragraph (2) provided information described in paragraph (3)(A).
(B) The number of individuals described in paragraph (2) provided information described in paragraph (3)(B).
(C) The number of agreements described in paragraph (3)(C) into which the Secretary entered.
(Added Pub. L. 90235, § 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 754; amended Pub. L. 109163, div. A, title V, § 542(a), Jan. 6, 2006, 119 Stat. 3253; Pub. L. 115232, div. A, title V, § 521(a), Aug. 13, 2018, 132 Stat. 1755; Pub. L. 11960, div. A, title V, § 532(a), Dec. 18, 2025, 139 Stat. 869.)
## Notes
Editorial Notes
Codification Another section 504 was renumbered section 500d of this title.
Amendments2025—Subsec. (c). Pub. L. 11960 added subsec. (c). 2018—Subsec. (b)(2). Pub. L. 115232, § 521(a)(1), inserted “and subject to paragraph (3),” after “Notwithstanding paragraph (1),” substituted “person possesses a critical skill or expertise—” for “enlistment is vital to the national interest.”, and added subpars. (A) and (B). Subsec. (b)(3). Pub. L. 115232, § 521(a)(2), added par. (3). 2006—Pub. L. 109163 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Statutory Notes and Related Subsidiaries
Provision of Information Regarding Federal Service to Certain Persons Ineligible To Enlist in Certain Armed ForcesPub. L. 118159, div. A, title V, § 536, Dec. 23, 2024, 138 Stat. 1888, provided that: “(a) In General.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2024], the Secretary of Defense shall prescribe regulations directing the Secretary of a military department to provide, to a person described in subsection (b), information regarding opportunities for Federal, or other public, service for which the person may be qualified. “(b) Certain Persons Not Qualified to Enlist.—A person described in this subsection is a person ineligible to serve in a covered Armed Force. “(c) Covered Armed Force Defined.—In this section, the term covered Armed Force means the Army, Navy, Marine Corps, Air Force, or Space Force.”
Prohibition on Waiver for Commissioning or Enlistment in the Armed Forces for any Individual Convicted of a Felony Sexual OffensePub. L. 112239, div. A, title V, § 523, Jan. 2, 2013, 126 Stat. 1723, which provided that an individual may not be provided a waiver for commissioning or enlistment in the Armed Forces if convicted of rape or other sexual offenses, was repealed by Pub. L. 11366, div. A, title XVII, § 1711(b), Dec. 26, 2013, 127 Stat. 963. See section 657 of this title.
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# 10 U.S.C. § 505 - Regular components: qualifications, term, grade
## Text
(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 forty-two 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 eight 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 eight 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 eight 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 members current enlistment.
(e) Enlistments in the Space Force.— For enlistments in the Space Force, see sections 20301 and 20302 of this title.
(Added Pub. L. 90235, § 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 754; amended Pub. L. 93290, May 24, 1974, 88 Stat. 173; Pub. L. 95485, title VIII, § 820(a), Oct. 20, 1978, 92 Stat. 1627; Pub. L. 9894, title X, § 1023, Sept. 24, 1983, 97 Stat. 671; Pub. L. 104201, div. A, title V, § 511, Sept. 23, 1996, 110 Stat. 2514; Pub. L. 109163, div. A, title V, §§ 543, 544, Jan. 6, 2006, 119 Stat. 3253; Pub. L. 110417, [div. A], title V, § 531(a), Oct. 14, 2008, 122 Stat. 4449; Pub. L. 116283, div. A, title IX, § 924(b)(5)(A), Jan. 1, 2021, 134 Stat. 3822; Pub. L. 11831, div. A, title XVII, § 1717(b)(2), Dec. 22, 2023, 137 Stat. 655.)
## Notes
Editorial Notes
Codification Another section 505 was renumbered section 500e of this title.
Amendments2023—Pub. L. 11831, § 1717(b)(2)(A), struck out “Regular Space Force,” after “Regular Marine Corps,” wherever appearing. Subsec. (e). Pub. L. 11831, § 1717(b)(2)(B), added subsec. (e). 2021—Pub. L. 116283 substituted “Regular Marine Corps, Regular Space Force,” for “Regular Marine Corps,” wherever appearing. 2008—Subsec. (d)(2), (3)(A). Pub. L. 110417 substituted “eight years” for “six years”. 2006—Subsec. (a). Pub. L. 109163, § 543, in first sentence, substituted “forty-two years of age” for “thirty-five years of age”. Subsec. (c). Pub. L. 109163, § 544, substituted “eight years” for “six years”. 1996—Subsec. (d). Pub. L. 104201 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. 9894 substituted “at least two but not more than six years” for “two, three, four, five, or six years”. 1978—Subsecs. (d), (e). Pub. L. 95485 redesignated subsec. (e) as (d). Former subsec. (d), which provided that in the Regular Army female persons may be enlisted only in the Womens Army Corps, was struck out. 1974—Subsec. (a). Pub. L. 93290, § 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. 93290, § 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.
Statutory Notes and Related Subsidiaries
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.
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# 10 U.S.C. § 506 - Regular components: extension of enlistments during war
## Text
An enlistment in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, Space Force, 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.
(Added Pub. L. 90235, § 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 754; amended Pub. L. 116283, div. A, title IX, § 924(b)(5)(B), Jan. 1, 2021, 134 Stat. 3822; Pub. L. 11831, div. A, title XVII, § 1717(b)(3), Dec. 22, 2023, 137 Stat. 655.)
## Notes
Editorial Notes
Codification Another section 506 was renumbered section 500f of this title.
Amendments2023—Pub. L. 11831 struck out “Regular” before “Space Force”. 2021—Pub. L. 116283 substituted “Regular Marine Corps, Regular Space Force,” for “Regular Marine Corps,”.
Statutory Notes and Related Subsidiaries
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.
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# 10 U.S.C. § 507 - Extension of enlistment for members needing medical care or hospitalization
## Text
(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.
(Added Pub. L. 90235, § 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 754.)
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# 10 U.S.C. § 508 - Reenlistment: qualifications
## Text
(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, Space Force, 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, Space Force, or Regular Coast Guard under any other provision of law.
(Added Pub. L. 90235, § 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 755; amended Pub. L. 116283, div. A, title IX, § 924(b)(5)(C), Jan. 1, 2021, 134 Stat. 3822; Pub. L. 11831, div. A, title XVII, § 1717(b)(4), Dec. 22, 2023, 137 Stat. 655.)
## Notes
Editorial Notes
Amendments2023—Subsecs. (b), (c). Pub. L. 11831 struck out “Regular” before “Space Force”. 2021—Subsecs. (b), (c). Pub. L. 116283 substituted “Regular Marine Corps, Regular Space Force,” for “Regular Marine Corps,”.
Statutory Notes and Related Subsidiaries
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.
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# 10 U.S.C. § 509 - Voluntary extension of enlistments: periods and benefits
## Text
(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.
(Added Pub. L. 90235, § 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 755.)
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# 10 U.S.C. § 510 - Enlistment incentives for pursuit of skills to facilitate national service
## Text
(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 or the Space Force; 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 Space Force;
(E) in Americorps or another domestic national service program jointly designated by the Secretary of Defense and the head of such program for purposes of this section; or
(F) in any combination of service referred to in subparagraphs (A) through (E) 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 and shall include military occupational specialties for enlistments for officer training and subsequent service as an officer, in cases in which the reason for the enlistment and entry into an agreement under subsection (b) is to enter an officer training program.
(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) Educational assistance under paragraphs (3) or (4) of subsection (e) shall be provided through the Department of Veterans Affairs under an agreement to be entered into by the Secretary of Defense and the Secretary of Veterans Affairs. The agreements shall include administrative procedures to ensure the prompt and timely transfer of funds from the Secretary concerned to the Secretary of Veterans Affairs for the making of payments under this section.
(B) Except as otherwise provided in this section, the provisions of sections 503, 511, 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of title 38 and the provisions of subchapters II and III of chapter 36 of such title (with the exception of sections 3686(a), 3687, and 3692) shall be applicable to the provision of educational assistance under this chapter. The term “eligible veteran” and the term “person”, as used in those provisions, shall be deemed for the purpose of the application of those provisions to this section to refer to a person eligible for educational assistance under paragraph (3) or (4) of subsection (e).
(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.— If a National Call to Service participant who has entered into an agreement under subsection (b) and received or benefitted from an incentive under paragraph (1) or (2) of subsection (e) fails to complete the total period of service specified in the agreement, the National Call to Service participant shall be subject to the repayment provisions of section 303a(e) or 373 of title 37.
(j) Funding.— (1) Amounts for the payment of incentives under paragraphs (1) and (2) of subsection (e) shall be derived from amounts available to the Secretary of the military department concerned for the payment of pay, allowances and other expenses of the members of the armed force concerned.
(2) Amounts for the payment of incentives under paragraphs (3) and (4) of subsection (e) shall be derived from the Department of Defense Education Benefits Fund under section 2006 of this title.
(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.
(Added Pub. L. 107314, div. A, title V, § 531(a)(1), Dec. 2, 2002, 116 Stat. 2541; amended Pub. L. 108136, div. A, title V, § 535(a), Nov. 24, 2003, 117 Stat. 1474; Pub. L. 109163, div. A, title V, § 545, title VI, § 687(c)(1), Jan. 6, 2006, 119 Stat. 3254, 3333; Pub. L. 109364, div. A, title X, § 1071(e)(2), Oct. 17, 2006, 120 Stat. 2401; Pub. L. 11591, div. A, title VI, § 618(a)(1)(A), Dec. 12, 2017, 131 Stat. 1426; Pub. L. 11831, div. A, title XVII, § 1717(b)(5), Dec. 22, 2023, 137 Stat. 655; Pub. L. 118159, div. A, title XVII, § 1701(a)(11), Dec. 23, 2024, 138 Stat. 2203.)
## Notes
Editorial Notes
References in TextThe National and Community Service Act of 1990, referred to in subsec. (l)(1), is Pub. L. 101610, Nov. 16, 1990, 104 Stat. 3127. Subtitle C of title I of the Act is classified generally to division C (§ 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.
Prior ProvisionsA prior section 510 was renumbered section 12102 of this title.
Amendments2024—Subsec. (h)(2)(B). Pub. L. 118159 substituted “subchapters II and III” for “subchapters I and II”. 2023—Subsec. (c)(2). Pub. L. 11831, § 1717(b)(5)(A), inserted “or the Space Force” after “Selected Reserve”. Subsec. (c)(3)(D) to (F). Pub. L. 11831, § 1717(b)(5)(B), added subpar. (D), redesignated former subpars. (D) and (E) as (E) and (F), respectively, and in subpar. (F) substituted “subparagraphs (A) through (E)” for “subparagraphs (A) through (D)”. 2017—Subsec. (i). Pub. L. 11591 inserted “or 373” before “of title 37”. 2006—Subsec. (c)(3)(D). Pub. L. 109163, § 545(a), substituted “in Americorps or another domestic national service program” for “in the Peace Corps, Americorps, or another national service program”. Subsec. (d). Pub. L. 109163, § 545(b), as amended by Pub. L. 109364, inserted “and shall include military occupational specialties for enlistments for officer training and subsequent service as an officer, in cases in which the reason for the enlistment and entry into an agreement under subsection (b) is to enter an officer training program” before period at end. Subsec. (h)(2). Pub. L. 109163, § 545(c), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “(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.” Subsec. (i). Pub. L. 109163, § 687(c)(1), amended heading and text of subsec. (i) generally. Prior to amendment, text consisted of pars. (1) to (4) which related to pro rata repayments by failed National Call to Service participants, the nature of the debt owed, waiver and discharge in bankruptcy. 2003—Subsec. (j). Pub. L. 108136 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “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.”
Statutory Notes and Related Subsidiaries
Effective Date of 2006 AmendmentPub. L. 109364, div. A, title X, § 1071(e), Oct. 17, 2006, 120 Stat. 2401, provided that the amendment made by section 1071(e)(2) is effective as of Jan. 6, 2006, and as if included in Pub. L. 109163 as enacted.
Savings ProvisionPub. L. 109163, div. A, title VI, § 687(f), Jan. 6, 2006, 119 Stat. 3336, provided that: “In the case of any bonus, incentive pay, special pay, or similar payment, such as education assistance or a stipend, which the United States became obligated to pay before April 1, 2006, under a provision of law amended by subsection (b), (c), or (d) of this section [amending this section and sections 2005, 2007, 2105, 2123, 2130a, 2173, 2200a, 4348, 6959, 9348, 16135, 16203, 16303, and 16401 of this title, section 182 of Title 14, Coast Guard, and sections 301b, 301d, 301e, 302, 302a, 302b, 302d to 302h, 302j, 307a, 308, 308b, 308c, 308g to 308i, 309, 312, 312b, 314 to 319, and 321 to 327 of Title 37, Pay and Allowances of the Uniformed Services], such provision of law, as in effect on the day before the date of the enactment of this Act [Jan. 6, 2006], shall continue to apply to the payment, or any repayment, of the bonus, incentive pay, special pay, or similar payment under such provision of law.”
Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation 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.
Commencement of ProgramPub. L. 107314, div. A, title V, § 531(b), Dec. 2, 2002, 116 Stat. 2544, directed the Secretary of Defense to prescribe the date, not later than Oct. 1, 2003, on which the program provided for under this section was to commence.
Implementation ReportPub. L. 107314, div. A, title V, § 531(d), Dec. 2, 2002, 116 Stat. 2544, directed the Secretary of Defense to submit to the Committees on Armed Services of the Senate and House of Representatives, no later than Mar. 31, 2003, a report on the Secretarys plans for implementation of this section.
Effectiveness ReportsPub. L. 107314, div. A, title V, § 531(e), Dec. 2, 2002, 116 Stat. 2545, directed the Secretary of Defense to submit to the Committees on Armed Services of the Senate and House of Representatives, no later than Mar. 31, 2005, and Mar. 31, 2007, reports on the effectiveness of the program under this section in attracting new recruits to national service.
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# 10 U.S.C. § 511 - College First Program
## Text
(a) Program Authority.— The Secretary of each military department may establish a program to increase the number of, and the level of the qualifications of, persons entering the armed forces as enlisted members by encouraging recruits to pursue higher education or vocational or technical training before entry into active service.
(b) Delayed Entry With Allowance for Higher Education.— The Secretary concerned may—
(1) exercise the authority under section 513 of this title—
(A) to accept the enlistment of a person as a Reserve for service in the Selected Reserve or Individual Ready Reserve of a reserve component, or as a member of the Space Force, notwithstanding the scope of the authority under subsection (a) of that section, in the case of the Army National Guard of the United States or Air National Guard of the United States; and
(B) to authorize, notwithstanding the 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 persons 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. The Secretary concerned may supplement that stipend by an amount not to exceed $225 per month.
(2) An allowance may not be paid to a person under this section for more than 24 months.
(3) A member of the Selected Reserve of a 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 this title or section 502(a) of title 32. Satisfactory performance shall be determined under regulations prescribed by the Secretary concerned.
(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) 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 shall repay the United States the amount which bears the same ratio to the total amount of that allowance paid to the person as the unserved part of the total required period of service bears to the total period.
(2) An obligation to repay the United States imposed under paragraph (1) is for all purposes a debt owed to the United States.
(3) A discharge of a person in bankruptcy under title 11 that is entered less than five years after the date on which the person was, or was to be, enlisted in the regular Army pursuant to the delayed entry authority under section 513 does not discharge that person from a debt arising under paragraph (1).
(4) The Secretary concerned may waive, in whole or in part, a debt arising under paragraph (1) in any case for which the Secretary determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States.
(f) Special Pay and Bonuses.— Upon enlisting in the regular component of the members armed force, a person who initially enlisted as a Reserve under this section may, at the discretion of the Secretary concerned, be eligible for all regular special pays, bonuses, education benefits, and loan repayment programs.
(Added Pub. L. 108375, div. A, title V, § 551(a)(1), Oct. 28, 2004, 118 Stat. 1909; amended Pub. L. 11831, div. A, title XVII, § 1717(b)(6), Dec. 22, 2023, 137 Stat. 655.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 511 was renumbered section 12103 of this title.
Amendments2023—Subsec. (b)(1)(A). Pub. L. 11831 inserted “or as a member of the Space Force,” after “reserve component,”.
Statutory Notes and Related Subsidiaries
Continuation for Army of Prior Army College First ProgramPub. L. 108375, div. A, title V, § 551(b), Oct. 28, 2004, 118 Stat. 1911, provided that: “The Secretary of the Army shall treat the program under section 511 of title 10, United States Code, as added by subsection (a), as a continuation of the program under section 573 of the National Defense Authorization Act for Fiscal Year 2000 [Pub. L. 10665] ([formerly] 10 U.S.C. 513 note), and for such purpose the Secretary may treat such section 511 as having been enacted on October 1, 2004.”
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# 10 U.S.C. § 512 - Renumbered § 12104]
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# 10 U.S.C. § 513 - Enlistments: Delayed Entry Program
## Text
(a) A person with no prior military service who is qualified under section 505 of this title and applicable regulations for enlistment in a regular component of an armed force, or who is qualified under section 20301 of this title and applicable regulations for enlistment in the Space Force, may (except as provided in subsection (c)) be enlisted as a Reserve for service in the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve, or be enlisted as a member of the Space Force, for a term of not less than six years nor more than eight years.
(b) (1) Unless sooner ordered to active duty under chapter 39 of this title or another 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.
(2) The Secretary concerned may extend the 365-day period described in paragraph (1) for any person for up to an additional 365 days if the Secretary determines that it is in the best interests of the armed force of which that person is a member to do so.
(3) (A) The Secretary concerned may extend by up to an additional 365 days the period of extension under paragraph (2) for a person who enlisted before October 1, 2017, under section 504(b)(2) of this title if the Secretary determines that the period of extension under this paragraph is required for the performance of adequate background and security reviews of that person.
(B) A person whose period of extension under paragraph (2) is extended under this paragraph shall undergo all security and suitability screening requirements and receive a favorable military security suitability determination before entering into service in a regular or reserve component. Screening priority shall be given to those persons who were enlisted for a military occupational specialty that requires specialized language or medical skills that are vital to the national interest.
(C) The authority to make an extension under this paragraph shall expire one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2018. The expiration of such authority shall not effect the validity of any extension made in accordance with this paragraph on or before that date.
(4) During the period beginning on the date on which the person enlists under subsection (a) and ending on the date on which the person is enlisted in a regular component under this subsection, 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. 3801 et seq.), except as provided in clause (ii) or (iii) of section 6(c)(2)(A) of that Act (50 U.S.C. 3806(c)(2)(A)), may not be enlisted under 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.
(Added Pub. L. 101189, div. A, title V, § 501(a)(1), Nov. 29, 1989, 103 Stat. 1435; amended Pub. L. 101510, div. A, title XIV, § 1484(k)(2), Nov. 5, 1990, 104 Stat. 1719; Pub. L. 104201, div. A, title V, § 512, Sept. 23, 1996, 110 Stat. 2514; Pub. L. 10665, div. A, title V, § 572(a), Oct. 5, 1999, 113 Stat. 623; Pub. L. 107296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 109163, div. A, title V, § 515(b)(1)(A), Jan. 6, 2006, 119 Stat. 3233; Pub. L. 114328, div. A, title X, § 1081(b)(1)(A)(ii), Dec. 23, 2016, 130 Stat. 2417; Pub. L. 11591, div. A, title V, § 526, Dec. 12, 2017, 131 Stat. 1382; Pub. L. 11831, div. A, title XVII, § 1717(b)(7), Dec. 22, 2023, 137 Stat. 655.)
## Notes
Editorial Notes
References in TextThe date of the enactment of the National Defense Authorization Act for Fiscal Year 2018, referred to in subsec. (b)(3)(C), means the date of enactment of Pub. L. 11591, which was approved Dec. 12, 2017. The Military Selective Service Act, referred to in subsec. (c), is title I of act June 24, 1948, ch. 625, 62 Stat. 604, which is classified principally to chapter 49 (§ 3801 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see References in Text note set out under section 3801 of Title 50 and Tables.
Prior ProvisionsA 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. 85861, § 36B(1), Sept. 2, 1958, 72 Stat. 1570.
Amendments2023—Subsec. (a). Pub. L. 11831 inserted “, or who is qualified under section 20301 of this title and applicable regulations for enlistment in the Space Force,” after “armed force” and “, or be enlisted as a member of the Space Force,” after “Coast Guard Reserve”. 2017—Subsec. (b). Pub. L. 11591 redesignated second sentence of par. (1) as (2) and inserted “described in paragraph (1)” after “the 365-day period”, added par. (3), and redesignated former par. (2) as (4) and substituted “this subsection” for “paragraph (1)”. 2016—Subsec. (c). Pub. L. 114328 substituted “(50 U.S.C. 3801 et seq.)” for “(50 U.S.C. App. 451 et seq.)” and inserted “(50 U.S.C. 3806(c)(2)(A))” after “of that Act”. 2006—Subsec. (a). Pub. L. 109163 substituted “Navy Reserve” for “Naval Reserve”. 2002—Subsec. (d). Pub. L. 107296 substituted “of Homeland Security” for “of Transportation”. 1999—Subsec. (b)(1). Pub. L. 10665 substituted “additional 365 days” for “additional 180 days” in second sentence. 1996—Subsec. (b). Pub. L. 104201 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. 101510 substituted “subsection (a)” for “paragraph (1)”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107296, set out as a note under section 101 of this title.
Effective Date of 1999 AmendmentPub. L. 10665, div. A, title V, § 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 ProgramPub. L. 10665, div. A, title V, § 573, Oct. 5, 1999, 113 Stat. 623, as amended by Pub. L. 107107, div. A, title V, § 542(a)(c), Dec. 28, 2001, 115 Stat. 1110, 1111; Pub. L. 107314, div. A, title V, § 535, title X, § 1062(j)(1), Dec. 2, 2002, 116 Stat. 2548, 2651, directed the Secretary of the Army to establish a pilot program, known as the “Army College First” program, to be in effect from Oct. 1, 1999, to Sept. 30, 2004, to assess whether the Army could increase the number and qualifications of persons entering the Army as enlisted members by encouraging recruits to pursue higher education or vocational or technical training before entry into active service, and to submit to committees of Congress a report on the program not later than Feb. 1, 2004. See section 511 of this title and section 551(b) of Pub. L. 108375, set out as a note under section 511 of this title.
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# 10 U.S.C. § 514 - Bounties prohibited; substitutes prohibited
## Text
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 19.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 514(a)514(b)50 App.:458 (1st sentence, less applicability to induction).50 App.:458 (last sentence, less applicability to induction).June 24, 1948, ch. 625, § 8 (less applicability to induction), 62 Stat. 614. 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.
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# 10 U.S.C. § 515 - Reenlistment after discharge as warrant officer
## Text
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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 19.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 51510:600d (last 36 words of last sentence).34:135d (last 36 words of last sentence).10:600m (last 21 words of 3d sentence).34:430a (last 21 words of 3d sentence).May 29, 1954, ch. 249, §§ 6 (last 36 words of last sentence), 15 (last 21 words of 3d sentence), 68 Stat. 159, 164. The first 20 words are inserted for clarity. The word “request” is substituted for the word “application”.
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# 10 U.S.C. § 516 - Effect upon enlisted status of acceptance of appointment as cadet or midshipman
## Text
(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 Navy 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 Navy Reserve, to the compensation and emoluments of a midshipman in the Navy 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 Navy Reserve, for any reason other than his appointment as a commissioned officer of a regular or reserve component of an armed force or in the Space 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.
(Added Pub. L. 85861, § 1(9)(A), Sept. 2, 1958, 72 Stat. 1439; amended Pub. L. 109163, div. A, title V, § 515(b)(1)(B), Jan. 6, 2006, 119 Stat. 3233; Pub. L. 11831, div. A, title XVII, § 1717(b)(8), Dec. 22, 2023, 137 Stat. 655.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 516(a)516(b)50:1411.50:1412.June 25, 1956, ch. 439, §§ 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”.
Editorial Notes
Amendments2023—Subsec. (b). Pub. L. 11831 inserted “or in the Space Force,” after “armed force”. 2006—Pub. L. 109163 substituted “Navy Reserve” for “Naval Reserve” wherever appearing.
Statutory Notes and Related Subsidiaries
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.
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# 10 U.S.C. § 518 - Temporary enlistments
## Text
Temporary enlistments may be made only in the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, as the case may be, without specification of component.
(Added Pub. L. 90235, § 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 755; amended Pub. L. 116283, div. A, title IX, § 924(b)(2)(A)(iii), Jan. 1, 2021, 134 Stat. 3821.)
## Notes
Editorial Notes
Amendments2021—Pub. L. 116283 substituted “Marine Corps, Space Force,” for “Marine Corps,”.
Statutory Notes and Related Subsidiaries
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.
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# 10 U.S.C. § 519 - Temporary enlistments: during war or emergency
## Text
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.
(Added Pub. L. 90235, § 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 755.)
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# 10 U.S.C. § 520 - Limitation on enlistment and induction of persons whose score on the Armed Forces Qualification Test is below a prescribed level
## Text
(a) (1) 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 4 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.
(2) Upon the request of the Secretary concerned, the Secretary of Defense may authorize an armed force to increase the limitation specified in paragraph (1) to 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. The Secretary of Defense shall notify the Committees on Armed Services of the Senate and the House of Representatives not later than 30 days after using such authority.
(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.
(Added Pub. L. 96342, title III, § 302(b)(1), Sept. 8, 1980, 94 Stat. 1082; amended Pub. L. 96579, § 9, Dec. 23, 1980, 94 Stat. 3368; Pub. L. 9786, title IV, § 402(b)(1), Dec. 1, 1981, 95 Stat. 1104; Pub. L. 9894, title XII, § 1268(3), Sept. 24, 1983, 97 Stat. 705; Pub. L. 100370, § 1(a)(1), July 19, 1988, 102 Stat. 840; Pub. L. 11831, div. A, title V, § 542, Dec. 22, 2023, 137 Stat. 264; Pub. L. 118159, div. A, title XVII, § 1701(a)(12), Dec. 23, 2024, 138 Stat. 2203.)
## Notes
Historical and Revision Notes
1988 ActAmendment of subsection (b) is based on Pub. L. 93307, title IV, § 401, June 8, 1974, 88 Stat. 234, as amended by Pub. L. 93365, title VII, § 705, Aug. 5, 1974, 88 Stat. 406.
Editorial Notes
Amendments2024—Subsec. (a)(2). Pub. L. 118159 substituted “armed force” for “armed forced”. 2023—Subsec. (a). Pub. L. 11831 designated existing provisions as par. (1), substituted “may not exceed 4 percent” for “may not exceed 20 percent”, and added par. (2). 1988—Subsec. (b). Pub. L. 100370 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. 9894 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. 9786 designated existing provisions as subsec. (a) and added subsec. (b). 1980—Pub. L. 96579 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.
Statutory Notes and Related Subsidiaries
Effective Date of 1981 AmendmentPub. L. 9786, title IV, § 402(b)(2), Dec. 1, 1981, 95 Stat. 1105, 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].”
Future Servicemember Preparatory CoursePub. L. 11831, div. A, title V, § 546, Dec. 22, 2023, 137 Stat. 266, as amended by Pub. L. 118159, div. A, title V, § 531, Dec. 23, 2024, 138 Stat. 1886; Pub. L. 11960, div. A, title V, § 534, Dec. 18, 2025, 139 Stat. 870, provided that: “(a) Requirement.—If the number of nonprior service enlisted personnel covered under section 520 of title 10, United States Code, exceeds 10 percent of the total number of persons originally enlisted in an Armed Force during a fiscal year, the Secretary concerned shall establish a future servicemember preparatory course within the Armed Force concerned. “(b) Purpose.—The course established under subsection (a) shall be designed to improve the physical and aptitude qualifications of military recruits. “(c) Criteria.—Each course established under this section shall comply with the following requirements:“(1) Enrollment.—All nonprior service enlisted persons whose score on the Armed Forces Qualification Test is below the thirty-first percentile must be enrolled in the course prior to attending initial basic training. “(2) Graduation requirement.—Prior to attending initial basic training, all enlisted persons attending the course established under this section must achieve a score on the Armed Forces Qualification Test that is—“(A) at least 10 points higher than the individuals most recent score taken prior to the individuals date of enlistment; or “(B) no longer subject to the restrictions of section 520 of title 10, United States Code. “(3) Effect of course failure.—Any enlisted person who fails to achieve meaningful progress, as determined by the Secretary concerned, within 90 days of enlistment shall be separated under regulations prescribed by the Secretary concerned. “(4) Effect of course graduation.—The Secretary concerned may exclude from the population to be considered for purposes of determining the percentage limitations imposed by section 520(a) of title 10, United States Code, any enlisted person who has graduated from a future servicemember preparatory course established pursuant to this section with a score on the Armed Forces Qualification Test that is at or above the thirty-first percentile, provided that—“(A) the Armed Forces Qualifications Test score that is at or above the thirty-first percentile is obtained within the same fiscal year in which the individual was originally enlisted to serve on active duty; and “(B) such score is obtained during the period the individual was originally enlisted to serve on active duty, as determined by the Secretary concerned. “(d) Report.—If a preparatory course under this section is established by the Secretary concerned, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the structure and results of the course for the preceding fiscal year by December 1st of the subsequent fiscal year. The report shall include the following elements:“(1) The percentage of nonprior service enlisted persons who scored below the thirty-first percentile on the Armed Forces Qualification Test upon original enlistment. “(2) The percentage of nonprior service enlisted persons who scored below the thirty-first percentile on the Armed Forces Qualification Test following graduation from the preparatory course or subsequent reclassification, as applicable. “(3) The number of individuals who attended the preparatory course. “(4) The number of individuals who graduated the preparatory course. “(5) The average improvement in the Armed Forces Qualification Test score for individuals who graduated from the preparatory course. “(6) The determination of the Secretary regarding the effectiveness of the preparatory course. “(7) Recommendations of the Secretary regarding—“(A) how to improve the preparatory course; “(B) whether to expand the preparatory course. “(8) Any other matter the Secretary determines relevant. “(e) Sunset.—The requirements of this section shall expire on September 30th, 2028.”
Pilot Program for Treating GED and Home School Diploma Recipients as High School Graduates for Determinations of Eligibility for Enlistment in Armed ForcesPub. L. 105261, div. A, title V, § 571, Oct. 17, 1998, 112 Stat. 2033, as amended by Pub. L. 10665, div. A, title X, § 1067(3), Oct. 5, 1999, 113 Stat. 774, directed the Secretary of Defense to establish a pilot program during the period Oct. 1, 1998, to Sept. 30, 2003, 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 eligibility of those persons to enlist in the Armed Forces, and to submit to committees of Congress a report on the program not later than Feb. 1, 2004.
Maximum Number of Army Enlistees and Inductees Who Are Not High School GraduatesPub. L. 96342, title III, § 302(a), Sept. 8, 1980, 94 Stat. 1082, as amended by Pub. L. 9786, title IV, § 402(a), Dec. 1, 1981, 95 Stat. 1104; Pub. L. 97252, title IV, § 403, Sept. 8, 1982, 96 Stat. 725; Pub. L. 9894, title IV, § 402, Sept. 24, 1983, 97 Stat. 629; Pub. L. 98525, title IV, § 402, Oct. 19, 1984, 98 Stat. 2516; Pub. L. 99145, title IV, § 402, Nov. 8, 1985, 99 Stat. 618, provided that the number of male individuals enlisted or inducted into the Army during the fiscal year beginning on Oct. 1, 1985, who were not high school graduates could not exceed, as of Sept. 30, 1986, 35 percent of all male individuals enlisted or inducted into the Army during such fiscal year.
Denial of Enlistment for Lack of High School Diploma ProhibitedPub. L. 93307, title IV, § 401, June 8, 1974, 88 Stat. 234, as amended by Pub. L. 93365, title VII, § 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. 100370, § 1(a), July 19, 1988, 102 Stat. 840.
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# 10 U.S.C. § 520a - Repealed. Pub. L. 106398, § 1 [[div. A], title X, § 1076(g)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A282]
## Notes
Section, added Pub. L. 97252, title XI, § 1114(c)(1), Sept. 8, 1982, 96 Stat. 749; amended Pub. L. 104106, div. A, title XV, § 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 10665, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774, related to criminal history information for military recruiting purposes.
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# 10 U.S.C. § 520b - Applicants for enlistment: authority to use funds for the issue of authorized articles
## Text
Funds appropriated to the Department of Defense may be used for the issue of authorized articles to applicants for enlistment.
(Added Pub. L. 98525, title XIV, § 1401(a)(1), Oct. 19, 1984, 98 Stat. 2614; amended Pub. L. 99145, title XIII, § 1303(a)(4)(A), Nov. 8, 1985, 99 Stat. 738.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in the following appropriation acts: Oct. 12, 1984, Pub. L. 98473, title I, § 101(h) [title VIII, § 8006], 98 Stat. 1904, 1923. Dec. 8, 1983, Pub. L. 98212, title VII, § 709, 97 Stat. 1439. Dec. 21, 1982, Pub. L. 97377, title I, § 101(c) [title VII, § 709], 96 Stat. 1833, 1851. Dec. 29, 1981, Pub. L. 97114, title VII, § 709, 95 Stat. 1579. Dec. 15, 1980, Pub. L. 96527, title VII, § 709, 94 Stat. 3081. Dec. 21, 1979, Pub. L. 96154, title VII, § 709, 93 Stat. 1153. Oct. 13, 1978, Pub. L. 95457, title VIII, § 809, 92 Stat. 1244. Sept. 21, 1977, Pub. L. 95111, title VIII, § 808, 91 Stat. 900. Sept. 22, 1976, Pub. L. 94419, title VII, § 708, 90 Stat. 1292. Feb. 9, 1976, Pub. L. 94212, title VII, § 708, 90 Stat. 169. Oct. 8, 1974, Pub. L. 93437, title VIII, § 808, 88 Stat. 1225. Jan. 2, 1974, Pub. L. 93238, title VII, § 708, 87 Stat. 1039. Oct. 26, 1972, Pub. L. 92570, title VII, § 708, 86 Stat. 1197. Dec. 18, 1971, Pub. L. 92204, title VII, § 708, 85 Stat. 728. Jan. 11, 1971, Pub. L. 91668, title VIII, § 808, 84 Stat. 2031. Dec. 29, 1969, Pub. L. 91171, title VI, § 608, 83 Stat. 480. Oct. 17, 1968, Pub. L. 90580, title V, § 507, 82 Stat. 1130. Sept. 29, 1967, Pub. L. 9096, title VI, § 607, 81 Stat. 242. Oct. 15, 1966, Pub. L. 89687, title VI, § 607, 80 Stat. 991. Sept. 29, 1965, Pub. L. 89213, title VI, § 607, 79 Stat. 874. Aug. 19, 1964, Pub. L. 88446, title V, § 507, 78 Stat. 475. Oct. 17, 1963, Pub. L. 88149, title V, § 507, 77 Stat. 264. Aug. 9, 1962, Pub. L. 87577, title V, § 507, 76 Stat. 328. Aug. 17, 1961, Pub. L. 87144, title II, § 201, 75 Stat. 367, 369. July 7, 1960, Pub. L. 86601, title II, § 201, 74 Stat. 340, 342. Aug. 18, 1959, Pub. L. 86166, title II, § 201, 73 Stat. 368, 370. Aug. 22, 1958, Pub. L. 85724, title III, § 301, title V, § 501, 72 Stat. 714, 721. Aug. 2, 1957, Pub. L. 85117, title III, § 301, title V, § 501, 71 Stat. 314, 321. July 2, 1956, ch. 488, title III, § 301, title V, § 501, 70 Stat. 457, 464. July 13, 1955, ch. 358, title III, § 301, title V, § 501, 69 Stat. 304, 312. June 30, 1954, ch. 432, title IV, § 401, title VI, § 601, 68 Stat. 339, 347. Aug. 1, 1953, ch. 305, title III, § 301, title V, § 501, 67 Stat. 339, 348. July 10, 1952, ch. 630, title III, § 301, title V, § 501, 66 Stat. 520, 530. Oct. 18, 1951, ch. 512, title III, § 301, title V, § 501, 65 Stat. 429, 443. Sept. 6, 1950, ch. 896, Ch. X, title III, § 301, title V, § 501, 64 Stat. 735, 750. Oct. 29, 1949, ch. 787, title III, § 301, title V, § 501, 63 Stat. 992, 1015. June 24, 1948, ch. 632, 62 Stat. 655. July 30, 1947, ch. 357, title I, § 1, 61 Stat. 557. July 16, 1946, ch. 583, § 1, 60 Stat. 547, 548. July 3, 1945, ch. 265, § 1, 59 Stat. 390. June 28, 1944, ch. 303, § 1, 58 Stat. 580. July 1, 1943, ch. 185, § 1, 57 Stat. 354. July 2, 1942, ch. 477, § 1, 56 Stat. 617. June 30, 1941, ch. 262, § 1, 55 Stat. 373. June 13, 1940, ch. 343, § 1, 54 Stat. 358, 359. Apr. 26, 1939, ch. 88, § 1, 53 Stat. 600. June 11, 1938, ch. 37, § 1, 52 Stat. 649. July 1, 1937, ch. 423, § 1, 50 Stat. 450. May 15, 1936, ch. 404, § 1, title I, 49 Stat. 1286. Apr. 9, 1935, ch. 54, § 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.
Amendments1985—Pub. L. 99145 substituted “enlistment” for “enlistments”.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 98525, title XIV, § 1404, Oct. 19, 1984, 98 Stat. 2621, 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.”
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# 10 U.S.C. § 520c - Recruiting functions: provision of meals and refreshments
## Text
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.
(Added Pub. L. 104201, div. A, title III, § 361(a), Sept. 23, 1996, 110 Stat. 2491; amended Pub. L. 107107, div. A, title V, § 545, Dec. 28, 2001, 115 Stat. 1113; Pub. L. 108136, div. A, title X, § 1031(a)(8)(A), Nov. 24, 2003, 117 Stat. 1596.)
## Notes
Editorial Notes
Amendments2003—Pub. L. 108136 substituted “provision of meals and refreshments” for “use of funds” in section catchline, struck out “(a) Provision of Meals and Refreshments.—” before “Under regulations”, and struck out heading and text of subsec. (b). Text read as follows: “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.” 2001—Subsec. (a)(4). Pub. L. 107107, § 545(b)(1), substituted “recruiting functions” for “recruiting events”. Subsec. (a)(5). Pub. L. 107107, § 545(b)(2), substituted “presence at recruiting functions” for “presence at recruiting efforts”. Subsec. (c). Pub. L. 107107, § 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.”