§ 513. Enlistments: Delayed Entry Program
1,306 words·~6 min read·
/usc/title-10/section-513A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.
(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.
(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. 101–189, div. A, title V, § 501(a)(1), Nov. 29, 1989, 103 Stat. 1435; amended Pub. L. 101–510, div. A, title XIV, § 1484(k)(2), Nov. 5, 1990, 104 Stat. 1719; Pub. L. 104–201, div. A, title V, § 512, Sept. 23, 1996, 110 Stat. 2514; Pub. L. 106–65, div. A, title V, § 572(a), Oct. 5, 1999, 113 Stat. 623; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 109–163, div. A, title V, § 515(b)(1)(A), Jan. 6, 2006, 119 Stat. 3233; Pub. L. 114–328, div. A, title X, § 1081(b)(1)(A)(ii), Dec. 23, 2016, 130 Stat. 2417;
Pub. L. 115–91, div. A, title V, § 526, Dec. 12, 2017, 131 Stat. 1382; Pub. L. 118–31, div. A, title XVII, § 1717(b)(7), Dec. 22, 2023, 137 Stat. 655.)
Connections17 cite this · traces to 10
Cited by 17 sections · top 13
U.S. Code
statutes-at-large
- Public Law 476
- Public Law 447
- Public Law 299providing for the conveyance to the city of Canton, South Dakota, of the Canton Insane Asylum, located in Lincoln County, South Dakota” (60 Stat. 998), as may be necessary to permit the city of Canton to lease such lands or any part thereof for private use
- Public Law 107–107To authorize appropriations for fiscal year 2002 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
- Public Law 107–314To authorize appropriations for fiscal year 2003 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
- Public Law 106–65To authorize appropriations for fiscal year 2000 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
- Public Law 108–375To authorize appropriations for fiscal year 2005 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
statute-compilations
Traces to 10 documents
U.S. Code
34 references not yet in our index
- Pub. L. 101–189, div. A, title V, § 501(a)(1)
- 103 Stat. 1435
- Pub. L. 101–510, div. A, title XIV, § 1484(k)(2)
- 104 Stat. 1719
- Pub. L. 104–201, div. A, title V, § 512
- 110 Stat. 2514
- Pub. L. 106–65, div. A, title V, § 572(a)
- 113 Stat. 623
- Pub. L. 107–296, title XVII, § 1704(b)(1)
- 116 Stat. 2314
- Pub. L. 109–163, div. A, title V, § 515(b)(1)(A)
- 119 Stat. 3233
- 130 Stat. 2417
- 131 Stat. 1382
- 137 Stat. 655
- act June 24, 1948, ch. 625
- 62 Stat. 604
- act Aug. 10, 1956, ch. 1041
- 70A Stat. 18
- Pub. L. 85–861, § 36B(1)
- 72 Stat. 1570
- Pub. L. 109–163
- Pub. L. 107–296
- Pub. L. 106–65
- Pub. L. 104–201
- Pub. L. 101–510
- section 1704(g) of Pub. L. 107–296
- Pub. L. 106–65, div. A, title V, § 572(b)
- Pub. L. 106–65, div. A, title V, § 573
- Pub. L. 107–107, div. A, title V, § 542(a)
- 115 Stat. 1110
- Pub. L. 107–314, div. A, title V, § 535
- 116 Stat. 2548
- section 551(b) of Pub. L. 108–375
Citation graph
cites case law
§ 513
Enlistments: Delayed Entry Program
Stat.×10
U.S.C.×4
Fed. Reg.×2
Stat. Comp.×1
Pub. L.Pub. L. 101–189, div. A, title V, § 501(a)(1)
Stat.103 Stat. 1435
Pub. L.Pub. L. 101–510, div. A, title XIV, § 1484(k)(2)
Cites 44 · showing 12Cited by 17 across 4 sources