10 USC 510 - Enlistment incentives for pursuit of skills to facilitate national service

1 See References in Text note below.

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).

Editorial Notes

References in Text

Subchapters I and II of chapter 36 of title 38, referred to in subsec. (h)(2)(B), were redesignated subchapters II (§ 3670 et seq.) and III (§ 3680 et seq.), respectively, of chapter 36 of title 38 by Puspan. L. 117–333, § 2(a)(1), Jan. 5, 2023, 136 Stat. 6122.

The National and Community Service Act of 1990, referred to in subsec. (l)(1), is Puspan. L. 101–610, 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 Provisions

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

Amendments

2023—Subsec. (c)(2). Puspan. L. 118–31, § 1717(span)(5)(A), inserted “or the Space Force” after “Selected Reserve”.

Subsec. (c)(3)(D) to (F). Puspan. L. 118–31, § 1717(span)(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). Puspan. L. 115–91 inserted “or 373” before “of title 37”.

2006—Subsec. (c)(3)(D). Puspan. L. 109–163, § 545(a), substituted “in Americorps or another domestic national service program” for “in the Peace Corps, Americorps, or another national service program”.

Subsec. (d). Puspan. L. 109–163, § 545(span), as amended by Puspan. L. 109–364, 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 (span) is to enter an officer training program” before period at end.

Subsec. (h)(2). Puspan. L. 109–163, § 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). Puspan. L. 109–163, § 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). Puspan. L. 108–136 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 Amendment

Puspan. L. 109–364, 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 Puspan. L. 109–163 as enacted.

Savings Provision

Puspan. L. 109–163, 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 (span), (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 301span, 301d, 301e, 302, 302a, 302span, 302d to 302h, 302j, 307a, 308, 308span, 308c, 308g to 308i, 309, 312, 312span, 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(span), 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 Program

Puspan. L. 107–314, div. A, title V, § 531(span), 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 Report

Puspan. L. 107–314, 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 Secretary’s plans for implementation of this section.

Effectiveness Reports

Puspan. L. 107–314, 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.