10 U.S.C. § 513
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. 115-91, which was approved Dec. 12, 2017.The Military Selective Service Act, referred to in subsec. (c), is title I of act June 24, 1948, ch. 625, 62 Stat. 604, which is classified principally to chapter 49 (§3801 et seq.) of Title 50, War and National Defense. For 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. 85-861, §36B(1), Sept. 2, 1958, 72 Stat. 1570.
AMENDMENTS2023-Subsec. (a). Pub. L. 118-31 inserted ",or who is qualified under section 20301 of this title and applicable regulations for enlistment in the Space Force," after "armed force" and ",or be enlisted as a member of the Space Force," after "Coast Guard Reserve". 2017-Subsec. (b). Pub. L. 115-91 redesignated second sentence of par. (1) as (2) and inserted "described in paragraph (1)" after "the 365-day period", added par. (3), and redesignated former par. (2) as (4) and substituted "this subsection" for "paragraph (1)". 2016-Subsec. (c). Pub. L. 114-328 substituted "(50 U.S.C. 3801 et seq.)" for "(50 U.S.C. App. 451 et seq.)" and inserted "(50 U.S.C. 3806(c)(2)(A))" after "of that Act". 2006-Subsec. (a). Pub. L. 109-163 substituted "Navy Reserve" for "Naval Reserve".2002-Subsec. (d). Pub. L. 107-296 substituted "of Homeland Security" for "of Transportation".1999-Subsec. (b)(1). Pub. L. 106-65 substituted "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)".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107-296, set out as a note under section 101 of this title.
EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106-65, div. A, title V, §572(b), Oct. 5, 1999, 113 Stat. 623, provided that: "The amendment made by 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, §573, Oct. 5, 1999, 113 Stat. 623, as amended by Pub. L. 107-107, div. A, title V, §542(a)-(c), Dec. 28, 2001, 115 Stat. 1110, 1111; Pub. L. 107-314, div. A, title V, §535, title X, §1062(j)(1), Dec. 2, 2002, 116 Stat. 2548, 2651, directed the Secretary of the Army to establish a pilot program, known as the "Army College First" program, to be in effect from Oct. 1, 1999, to Sept. 30, 2004, to assess whether the Army could increase the number and qualifications of persons entering the Army as enlisted members by 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. 108-375, set out as a note under section 511 of this title.
- Secretary concerned
- The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
- active duty
- The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
- active service
- The term "active service" means service on active duty or full-time National Guard duty.