Page:United States Statutes at Large Volume 118.djvu/1940

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118 STAT. 1910 PUBLIC LAW 108–375—OCT. 28, 2004 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 EDU CATION.—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, 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 allow ance 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 author ized a person under paragraph (1)(B) of subsection (b) may not exceed the 30 month period beginning on the date of the person’s enlistment accepted under paragraph (1)(A) of such subsection. ‘‘(d) ALLOWANCE.—(1) The monthly allowance paid under sub section (b)(2) shall be equal to the amount of the subsistence allow ance provided for certain members of the Senior Reserve Officers’ Training Corps with the corresponding number of years of participa tion 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. Satisfac tory 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