1625-NEW Stat/Authority

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TITLE 10—ARMED FORCES

2003—Pub. L. 108–136, div. A, title X, § 1031(a)(8)(B),
Nov. 24, 2003, 117 Stat. 1597, substituted ‘‘provision of
meals and refreshments’’ for ‘‘use of funds’’ in item
520c.
2002—Pub. L. 107–314, div. A, title V, § 531(a)(2), Dec. 2,
2002, 116 Stat. 2544, added item 510.
2000—Pub. L. 106–398, § 1 [[div. A], title X, § 1076(g)(2)],
Oct. 30, 2000, 114 Stat. 1654, 1654A–282, struck out item
520a ‘‘Criminal history information for military recruiting purposes’’.
1996—Pub. L. 104–201, div. A, title III, § 361(b), Sept. 23,
1996, 110 Stat. 2491, added item 520c.
1994—Pub. L. 103–337, div. A, title XVI, § 1671(b)(3),
Oct. 5, 1994, 108 Stat. 3013, as amended by Pub. L.
104–106, div. A, title XV, § 1501(a)(8)(A), Feb. 10, 1996, 110
Stat. 495, struck out items 510 ‘‘Reserve components:
qualifications’’, 511 ‘‘Reserve components: terms’’, and
512 ‘‘Reserve components: transfers’’.
1989—Pub. L. 101–189, div. A, title V, § 501(a)(2), Nov.
29, 1989, 103 Stat. 1435, added item 513.
1985—Pub. L. 99–145, title XIII, § 1303(a)(4)(B), Nov. 8,
1985, 99 Stat. 738, substituted ‘‘enlistment’’ for ‘‘enlistments’’ in item 520b.
1984—Pub. L. 98–525, title XIV, § 1401(a)(2), Oct. 19,
1984, 98 Stat. 2614, added item 520b.
1982—Pub. L. 97–252, title XI, § 1114(b)(3), (c)(2), Sept.
8, 1982, 96 Stat. 749, 750, inserted ‘‘; compilation of directory information’’ in item 503, and added item 520a.
1980—Pub. L. 96–342, title III, § 302(b)(2), Sept. 8, 1980,
94 Stat. 1083, added item 520.
1968—Pub. L. 90–623, § 2(2), Oct. 22, 1968, 82 Stat. 1314,
struck out ‘‘or national emergency’’ after ‘‘extension of
enlistments during war’’ in item 506.
Pub. L. 90–235, § 2(a)(1)(C), Jan. 2, 1968, 81 Stat. 755, redesignated item 501 as 502, and added items 501, 503 to
509, 518 and 519.
1962—Pub. L. 87–649, § 2(2), Sept. 7, 1962, 76 Stat. 492,
added item 517.
1958—Pub. L. 85–861, § 1(9)(B), (C), Sept. 2, 1958, 72 Stat.
1440, struck out item 513 ‘‘Reserve components: promotions’’ and added item 516.

§ 501. Definition
In this chapter ‘‘enlistment’’ means original
enlistment or reenlistment.
(Added Pub. L. 90–235, § 2(a)(1)(B), Jan. 2, 1968, 81
Stat. 753.)
PRIOR PROVISIONS
A prior section 501 was renumbered 502 of this title.

§ 502. Enlistment oath: who may administer
(a) ENLISTMENT OATH.—Each person enlisting
in an armed force shall take the following oath:
‘‘I, llllllllll, 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.
87–751, § 1, Oct. 5, 1962, 76 Stat. 748; renumbered
§ 502, Pub. L. 90–235, § 2(a)(1)(A), Jan. 2, 1968, 81
Stat. 753; Pub. L. 101–189, div. A, title VI,
§ 653(a)(1), Nov. 29, 1989, 103 Stat. 1462; Pub. L.

§ 503

109–364, div. A, title V, § 595(a), Oct. 17, 2006, 120
Stat. 2235.)
HISTORICAL AND REVISION NOTES
Revised
section
501 ..........

Source (U.S. Code)
50:737.

Source (Statutes at Large)
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.
REFERENCES IN TEXT
The Uniform Code of Military Justice, referred to in
the oath, is classified to chapter 47 (§ 801 et seq.) of this
title.
AMENDMENTS
2006—Pub. L. 109–364 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. 101–189 struck out ‘‘or affirmation’’
after ‘‘This oath’’.
1962—Pub. L. 87–751 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.
EFFECTIVE DATE OF 1962 AMENDMENT
Section 3 of Pub. L. 87–751 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].’’

§ 503. Enlistments: recruiting campaigns; compilation of directory information
(a) RECRUITING CAMPAIGNS.—(1) The Secretary
concerned shall conduct intensive recruiting
campaigns to obtain enlistments in the Regular
Army, Regular Navy, Regular Air Force, Regular Marine Corps, and Regular Coast Guard.
(2) The Secretary of Defense shall act on a
continuing basis to enhance the effectiveness of
recruitment programs of the Department of Defense (including programs conducted jointly and
programs conducted by the separate armed
forces) through an aggressive program of advertising and market research targeted at prospective recruits for the armed forces and those who
may influence prospective recruits. Subchapter I
of chapter 35 of title 44 shall not apply to actions taken as part of that program.
(b) COMPILATION OF DIRECTORY INFORMATION.—
(1) The Secretary of Defense may collect and
compile directory information pertaining to
each student who is 17 years of age or older or
in the eleventh grade (or its equivalent) or higher and who is enrolled in a secondary school in
the United States or its territories, possessions,
or the Commonwealth of Puerto Rico.
(2) The Secretary may make directory information collected and compiled under this subsection available to the armed forces for military recruiting purposes. Such information may
not be disclosed for any other purpose.

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(3) Directory information pertaining to any
person may not be maintained for more than 3
years after the date the information pertaining
to such person is first collected and compiled
under this subsection.
(4) Directory information collected and compiled under this subsection shall be confidential,
and a person who has had access to such information may not disclose such information except for the purposes described in paragraph (2).
(5) The Secretary of Defense shall prescribe
regulations to carry out this subsection. Regulations prescribed under this subsection shall be
submitted to the Committee on Armed Services
of the Senate and the Committee on Armed
Services of the House of Representatives. Regulations prescribed by the Secretaries concerned
to carry out this subsection shall be as uniform
as practicable.
(6) Nothing in this subsection shall be construed as requiring, or authorizing the Secretary
of Defense to require, that any educational institution furnish directory information to the
Secretary.
(c) ACCESS TO SECONDARY SCHOOLS.—(1)(A)
Each local educational agency receiving assistance under the Elementary and Secondary Education Act of 1965—
(i) shall provide to military recruiters the
same access to secondary school students as is
provided generally to postsecondary educational institutions or to prospective employers of those students; and
(ii) shall, upon a request made by military
recruiters for military recruiting purposes,
provide access to secondary school student
names, addresses, and telephone listings, notwithstanding section 444(a)(5)(B) of the General Education Provisions Act (20 U.S.C.
1232g(a)(5)(B)).
(B) A local educational agency may not release a student’s name, address, and telephone
listing under subparagraph (A)(ii) without the
prior written consent of a parent of the student
if the student, or a parent of the student, has
submitted a request to the local educational
agency that the student’s information not be released for a purpose covered by that subparagraph without prior written parental consent.
Each local educational agency shall notify parents of the rights provided under the preceding
sentence.
(2) If a local educational agency denies a request by the Department of Defense for recruiting access, the Secretary of Defense, in cooperation with the Secretary of the military department concerned, shall designate an officer in a
grade not below the grade of colonel or, in the
case of the Navy, captain, or a senior executive
of that military department to meet with representatives of that local educational agency in
person, at the offices of that agency, for the purpose of arranging for recruiting access. The designated officer or senior executive shall seek to
have that meeting within 120 days of the date of
the denial of the request for recruiting access.
(3) If, after a meeting under paragraph (2) with
representatives of a local educational agency
that has denied a request for recruiting access
or (if the educational agency declines a request
for the meeting) after the end of such 120-day pe-

Page 256

riod, the Secretary of Defense determines that
the agency continues to deny recruiting access,
the Secretary shall transmit to the chief executive of the State in which the agency is located
a notification of the denial of recruiting access
and a request for assistance in obtaining that
access. The notification shall be transmitted
within 60 days after the date of the determination. The Secretary shall provide to the Secretary of Education a copy of such notification
and any other communication between the Secretary and that chief executive with respect to
such access.
(4) If a local educational agency continues to
deny recruiting access one year after the date of
the transmittal of a notification regarding that
agency under paragraph (3), the Secretary—
(A) shall determine whether the agency denies recruiting access to at least two of the
armed forces (other than the Coast Guard
when it is not operating as a service in the
Navy); and
(B) upon making an affirmative determination under subparagraph (A), shall transmit a
notification of the denial of recruiting access
to—
(i) the specified congressional committees;
(ii) the Senators of the State in which the
local educational agency is located; and
(iii) the member of the House of Representatives who represents the district in
which the local educational agency is located.
(5) The requirements of this subsection do not
apply to a private secondary school that maintains a religious objection to service in the
armed forces and which objection is verifiable
through the corporate or other organizational
documents or materials of that school.
(6) In this subsection:
(A) The term ‘‘local educational agency’’
means—
(i) a local educational agency, within the
meaning of that term in section 9101 of the
Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801); and
(ii) a private secondary school.
(B) The term ‘‘recruiting access’’ means access requested as described in paragraph (1).
(C) The term ‘‘senior executive’’ has the
meaning given that term in section 3132(a)(3)
of title 5.
(D) The term ‘‘State’’ includes the District
of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Federated States of Micronesia, the Republic of the Marshall Islands, and
the Republic of Palau.
(E) The term ‘‘specified congressional committees’’ means the following:
(i) The Committee on Armed Services and
the Committee on Health, Education, Labor,
and Pensions of the Senate.
(ii) The Committee on Armed Services and
the Committee on Education and the Workforce of the House of Representatives.
(F) The term ‘‘member of the House of Representatives’’ includes a Delegate or Resident
Commissioner to Congress.

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(d) DIRECTORY INFORMATION DEFINED.—In this
section, the term ‘‘directory information’’ has
the meaning given that term in subsection
(a)(5)(A) of section 444 of the General Education
Provisions Act (20 U.S.C. 1232g).
(Added Pub. L. 90–235, § 2(a)(1)(B), Jan. 2, 1968, 81
Stat. 754; amended Pub. L. 97–252, title XI,
§ 1114(b)(1), (2), Sept. 8, 1982, 96 Stat. 749; Pub. L.
104–106, div. A, title XV, § 1502(a)(1), Feb. 10, 1996,
110 Stat. 502; Pub. L. 106–65, div. A, title V, § 571,
title X, § 1067(1), Oct. 5, 1999, 113 Stat. 622, 774;
Pub. L. 106–398, § 1 [[div. A], title V, §§ 562,
563(a)–(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–131
to 1654A–133; Pub. L. 107–107, div. A, title V,
§ 544(a), title X, § 1048(a)(5)(A), Dec. 28, 2001, 115
Stat. 1112, 1222; Pub. L. 108–136, div. A, title V,
§ 543, Nov. 24, 2003, 117 Stat. 1478; Pub. L. 108–375,
div. A, title X, § 1084(d)(5), Oct. 28, 2004, 118 Stat.
2061.)
REFERENCES IN TEXT
The Elementary and Secondary Education Act of
1965, referred to in subsec. (c)(1)(A), is Pub. L. 89–10,
Apr. 11, 1965, 79 Stat. 27, as amended, which is classified
generally to chapter 70 (§ 6301 et seq.) of Title 20, Education. For complete classification of this Act to the
Code, see Short Title note set out under section 6301 of
Title 20 and Tables.
AMENDMENTS
2004—Subsec. (c)(1)(B). Pub. L. 108–375 substituted
‘‘educational’’ for ‘‘education’’ after ‘‘Each local’’.
2003—Subsec. (c)(5). Pub. L. 108–136, § 543(a), substituted ‘‘apply to a private secondary school that’’ for
‘‘apply to—
‘‘(A) a local educational agency with respect to access to secondary school students or access to directory information concerning such students for any
period during which there is in effect a policy of that
agency, established by majority vote of the governing
body of the agency, to deny recruiting access to those
students or to that directory information, respectively; or
‘‘(B) a private secondary school which’’.
Subsec. (c)(6)(A)(i). Pub. L. 108–136, § 543(b), substituted ‘‘9101’’ and ‘‘7801’’ for ‘‘14101’’ and ‘‘8801’’, respectively.
2001—Subsec. (c). Pub. L. 107–107, § 544(a), reenacted
heading without change and amended text of par. (1)
generally. Prior to amendment, par. (1) read as follows:
‘‘Each local educational agency shall (except as provided under paragraph (5)) provide to the Department
of Defense, upon a request made for military recruiting
purposes, the same access to secondary school students,
and to directory information concerning such students,
as is provided generally to post-secondary educational
institutions or to prospective employers of those students.’’
Subsec. (c)(6)(A)(i). Pub. L. 107–107, § 1048(a)(5)(A), substituted ‘‘14101’’ for ‘‘14101(18)’’ and ‘‘8801’’ for
‘‘8801(18)’’.
2000—Subsec. (a). Pub. L. 106–398, § 1 [[div. A], title V,
§§ 562, 563(c)(1)], inserted heading, designated existing
provisions as par. (1), and added par. (2).
Subsec. (b). Pub. L. 106–398, § 1 [[div. A], title V,
§ 563(c)(2)], inserted heading.
Subsec. (b)(7). Pub. L. 106–398, § 1 [[div. A], title V,
§ 563(b)(1)], struck out par. (7) which read as follows: ‘‘In
this subsection, ‘directory information’ means, with respect to a student, the student’s name, address, telephone listing, date and place of birth, level of education, degrees received, and the most recent previous
educational agency or institution attended by the student.’’
Subsec. (c). Pub. L. 106–398, § 1 [[div. A], title V,
§ 563(a)], amended subsec. (c) generally. Prior to amend-

§ 503

ment, subsec. (c) read as follows: ‘‘Each local educational agency is requested to provide to the Department of Defense, upon a request made for military recruiting purposes, the same access to secondary school
students, and to directory information concerning such
students, as is provided generally to post-secondary
educational institutions or to prospective employers of
those students.’’
Subsec. (d). Pub. L. 106–398, § 1 [[div. A], title V,
§ 563(b)(2)], added subsec. (d).
1999—Subsec. (b)(5). Pub. L. 106–65, § 1067(1), substituted ‘‘and the Committee on Armed Services’’ for
‘‘and the Committee on National Security’’.
Subsec. (c). Pub. L. 106–65, § 571, added subsec. (c).
1996—Subsec. (b)(5). Pub. L. 104–106 substituted ‘‘Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives’’ for ‘‘Committees on Armed Services of the Senate and House of Representatives’’.
1982—Pub.
L.
97–252,
§ 1114(b)(2),
inserted
‘‘; compilation of directory information’’ in section
catchline.
Subsec. (a). Pub. L. 97–252, § 1114(b)(1)(A), designated
existing provisions as subsec. (a).
Subsec. (b). Pub. L. 97–252, § 1114(b)(1)(B), added subsec. (b).
EFFECTIVE DATE OF 2001 AMENDMENT
Pub. L. 107–107, div. A, title V, § 544(b), Dec. 28, 2001,
115 Stat. 1113, provided that: ‘‘The amendment made by
subsection (a) [amending this section] shall take effect
on July 1, 2002, immediately after the amendment to
section 503(c) of title 10, United States Code, made, effective that date, by section 563(a) of the Floyd D.
Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted into law by Public Law 106–398;
114 Stat. 1654A–131).’’
Pub. L. 107–107, div. A, title X, § 1048(a)(5)(B), Dec. 28,
2001, 115 Stat. 1222, provided that: ‘‘The amendment
made by subparagraph (A) [amending this section] shall
take effect on July 1, 2002, immediately after the
amendment to such section [this section] effective that
date by section 563(a) of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat.
1654A–131).’’
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106–398, § 1 [[div. A], title V, § 563(d)], Oct. 30,
2000, 114 Stat. 1654, 1654A–133, provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall take effect on July 1, 2002.’’
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.
POLICY ON MILITARY RECRUITMENT AND ENLISTMENT OF
GRADUATES OF SECONDARY SCHOOLS
Pub. L. 112–81, div. A, title V, § 532, Dec. 31, 2011, 125
Stat. 1403, provided that:
‘‘(a) EQUAL TREATMENT FOR SECONDARY SCHOOL GRADUATES.—
‘‘(1) EQUAL TREATMENT.—For the purposes of recruitment and enlistment in the Armed Forces, the
Secretary of a military department shall treat a
graduate described in paragraph (2) in the same manner as a graduate of a secondary school (as defined in
section 9101(38) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801(38))[)].
‘‘(2) COVERED GRADUATES.—Paragraph (1) applies
with respect to [a] person who—

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TITLE 10—ARMED FORCES

‘‘(A) receives a diploma from a secondary school
that is legally operating; or
‘‘(B) otherwise completes a program of secondary
education in compliance with the education laws of
the State in which the person resides.
‘‘(b) POLICY ON RECRUITMENT AND ENLISTMENT.—Not
later than 180 days after the date of the enactment of
this Act [Dec. 31, 2011], the Secretary of Defense shall
prescribe a policy on recruitment and enlistment that
incorporates the following:
‘‘(1) Means for identifying persons described in subsection (a)(2) who are qualified for recruitment and
enlistment in the Armed Forces, which may include
the use of a non-cognitive aptitude test, adaptive personality assessment, or other operational attrition
screening tool to predict performance, behaviors, and
attitudes of potential recruits that influence attrition and the ability to adapt to a regimented life in
the Armed Forces.
‘‘(2) Means for assessing how qualified persons fulfill their enlistment obligation.
‘‘(3) Means for maintaining data, by each diploma
source, which can be used to analyze attrition rates
among qualified persons.
‘‘(c) RECRUITMENT PLAN.—As part of the policy required by subsection (b), the Secretary of each of the
military departments shall develop a recruitment plan
that includes a marketing strategy for targeting various segments of potential recruits with all types of
secondary education credentials.
‘‘(d) COMMUNICATION PLAN.—The Secretary of each of
the military departments shall develop a communication plan to ensure that the policy and recruitment
plan are understood by military recruiters.’’
RECRUITMENT AND ENLISTMENT OF HOME-SCHOOLED
STUDENTS IN THE ARMED FORCES
Pub. L. 109–163, div. A, title V, § 591, Jan. 6, 2006, 119
Stat. 3280, provided that:
‘‘(a) POLICY ON RECRUITMENT AND ENLISTMENT.—
‘‘(1) POLICY REQUIRED.—The Secretary of Defense
shall prescribe a policy on the recruitment and enlistment of home-schooled students in the Armed
Forces.
‘‘(2) UNIFORMITY ACROSS THE ARMED FORCES.—The
Secretary shall ensure that the policy prescribed
under paragraph (1) applies, to the extent practicable,
uniformly across the Armed Forces.
‘‘(b) ELEMENTS.—The policy under subsection (a) shall
include the following:
‘‘(1) An identification of a graduate of home schooling for purposes of recruitment and enlistment in the
Armed Forces that is in accordance with the requirements described in subsection (c).
‘‘(2) A communication plan to ensure that the policy described in subsection (c) is understood by recruiting officials of all the Armed Forces, to include
field recruiters at the lowest level of command.
‘‘(3) An exemption of graduates of home schooling
from the requirement for a secondary school diploma
or an equivalent (GED) as a precondition for enlistment in the Armed Forces.
‘‘(c) HOME SCHOOL GRADUATES.—In prescribing the
policy under subsection (a), the Secretary of Defense
shall prescribe a single set of criteria to be used by the
Armed Forces in determining whether an individual is
a graduate of home schooling. The Secretary concerned
shall ensure compliance with education credential coding requirements.
‘‘(d) SECRETARY CONCERNED DEFINED.—In this section,
the term ‘Secretary concerned’ has the meaning given
such term in section 101(a)(9) of title 10, United States
Code.’’
TEMPORARY ARMY AUTHORITY TO PROVIDE ADDITIONAL
RECRUITMENT INCENTIVES
Pub. L. 109–163, div. A, title VI, § 681, Jan. 6, 2006, 119
Stat. 3320, as amended by Pub. L. 111–84, div. A, title
VI, § 621, Oct. 28, 2009, 123 Stat. 2358, provided that:

Page 258

‘‘(a) AUTHORITY TO DEVELOP AND PROVIDE RECRUITINCENTIVES.—The Secretary of the Army may develop and provide incentives not otherwise authorized
by law to encourage individuals to accept commissions
as officers or to enlist in the Army.
‘‘(b) RELATION TO OTHER PERSONNEL AUTHORITIES.—A
recruitment incentive developed under subsection (a)
may be provided—
‘‘(1) without regard to the lack of specific authority
for the incentive under title 10 or 37, United States
Code; and
‘‘(2) notwithstanding any provision of such titles,
or any rule or regulation prescribed under such provision, relating to methods of—
‘‘(A) determining requirements for, and the compensation of, members of the Army who are assigned duty as military recruiters; or
‘‘(B) providing incentives to individuals to accept
commissions or enlist in the Army, including the
provision of group or individual bonuses, pay, or
other incentives.
‘‘(c) WAIVER OF OTHERWISE APPLICABLE LAWS.—A provision of title 10 or 37, United States Code, may not be
waived with respect to, or otherwise determined to be
inapplicable to, the provision of a recruitment incentive developed under subsection (a) without the approval of the Secretary of Defense.
‘‘(d) NOTICE AND WAIT REQUIREMENT.—A recruitment
incentive developed under subsection (a) may not be
provided to individuals until—
‘‘(1) the Secretary of the Army submits to Congress, the appropriate elements of the Department of
Defense, and the Comptroller General a plan that includes—
‘‘(A) a description of the incentive, including the
purpose of the incentive and the potential recruits
to be addressed by the incentive;
‘‘(B) a description of the provisions of titles 10
and 37, United States Code, from which the incentive would require a waiver and the rationale to
support the waiver;
‘‘(C) a statement of the anticipated outcomes as
a result of providing the incentive; and
‘‘(D) the method to be used to evaluate the effectiveness of the incentive; and
‘‘(2) a 45-day period beginning on the date on which
the plan was received by Congress expires.
‘‘(e) LIMITATION ON NUMBER OF INCENTIVES.—Not more
than four recruitment incentives may be provided at
the same time under the authority of this section.
‘‘(f) LIMITATION ON NUMBER OF INDIVIDUALS RECEIVING
INCENTIVES.—The number of individuals who receive
one or more of the recruitment incentives provided
under subsection (a) during a fiscal year may not exceed the number of individuals equal to 20 percent of
the accession mission of the Army for that fiscal year.
‘‘(g) DURATION OF DEVELOPED INCENTIVE.—A recruitment incentive developed under subsection (a) may be
provided for not longer than a three-year period beginning on the date on which the incentive is first provided, except that the Secretary of the Army may extend the period if the Secretary determines that additional time is needed to fully evaluate the effectiveness
of the incentive.
‘‘(h) REPORTING REQUIREMENTS.—
‘‘(1) SECRETARY OF THE ARMY REPORT.—The Secretary of the Army shall submit to Congress an annual report on the recruitment incentives provided
under subsection (a) during the preceding year, including—
‘‘(A) a description of the incentives provided
under subsection (a) during that fiscal year; and
‘‘(B) an assessment of the impact of the incentives on the recruitment of individuals as officers
or enlisted members.
‘‘(2) COMPTROLLER GENERAL REPORT.—As soon as
practicable after receipt of each plan under subsection (d), the Comptroller General shall submit to
Congress a report evaluating the expected outcomes
of the recruitment incentive covered by the plan in
terms of cost effectiveness and mission achievement.
MENT

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TITLE 10—ARMED FORCES

‘‘(i) DURATION OF AUTHORITY.—
‘‘(1) IN GENERAL.—The Secretary may not develop
an incentive under this section, or first provide an incentive developed under this section to an individual,
after December 31, 2012.
‘‘(2) CONTINUATION OF INCENTIVES.—Nothing in paragraph (1) shall be construed to prohibit or limit the
continuing provision to an individual after the date
specified in that paragraph of an incentive first provided the individual under this section before that
date.’’
ENHANCED SCREENING METHODS AND PROCESS IMPROVEMENTS FOR RECRUITMENT OF HOME SCHOOLED AND
NATIONAL GUARD CHALLENGE PROGRAM GED RECIPIENTS

Pub. L. 108–375, div. A, title V, § 593, Oct. 28, 2004, 118
Stat. 1934, as amended by Pub. L. 109–364, div. A, title
X, § 1071(g)(4), Oct. 17, 2006, 120 Stat. 2402, provided that:
‘‘(a) ENHANCED SCREENING METHODS AND PROCESS IMPROVEMENTS.—(1) The Secretary of the Army shall
carry out an initiative—
‘‘(A) to develop screening methods and process improvements for recruiting specified GED recipients so
as to achieve attrition patterns, among the GED recipients so recruited, that match attrition patterns
for Army recruits who are high school diploma graduates; and
‘‘(B) subject to subsection (b), to implement such
screening methods and process improvements on a
test basis.
‘‘(2) For purposes of this section, the term ‘specified
GED recipients’ means persons who receive a General
Educational Development (GED) certificate as a result
of home schooling or the completion of a program
under the National Guard Challenge program.
‘‘(b) SECRETARY OF DEFENSE REVIEW.—Before the
screening methods and process improvements developed under subsection (a)(1) are put into effect under
subsection (a)(2), the Secretary of Defense shall review
the proposed screening methods and process improvements. Based on such review, the Secretary of Defense
either shall approve the use of such screening methods
and process improvements for testing (with such modifications as the Secretary may direct) or shall disapprove the use of such methods and process improvements on a test basis.
‘‘(c) SECRETARY OF DEFENSE DECISION.—If the Secretary of Defense determines under subsection (b) that
the screening methods and process improvements developed under subsection (a)(1) should be implemented
on a test basis, then upon completion of the test period,
the Secretary of Defense shall, after reviewing the results of the test program, determine whether the new
screening methods and process improvements developed by the Army should be extended throughout the
Department for recruit candidates identified by the
new procedures to be considered tier 1 recruits.
‘‘(d) REPORTS.—(1) If the Secretary of Defense determines under subsection (b) that the screening methods
and process improvements developed under subsection
(a)(1) should not be implemented on a test basis, the
Secretary of Defense shall, not later than 90 days thereafter, notify the Committee on Armed Services of the
Senate and the Committee on Armed Services of the
House of Representatives of such determination, together with the reasons of the Secretary for such determination.
‘‘(2) If the Secretary of Defense determines under subsection (b) that the screening methods and process improvements developed under subsection (a)(1) should be
implemented on a test basis, the Secretary of the Army
shall submit to the committees specified in paragraph
(1) a report on the results of the testing. The report
shall be submitted not later than March 31, 2009, except
that if the Secretary of Defense directs an earlier termination of the testing initiative, the Secretary of the
Army shall submit the report under this paragraph not
later than 180 days after such termination. Such report
shall include the determination of the Secretary of De-

§ 503

fense under subsection (c). If that determination is that
the methods and processes tested should not be extended to the other services, the report shall include
the Secretary’s rationale for not recommending such
extension.’’
DEPARTMENT OF DEFENSE JOINT ADVERTISING, MARKET
RESEARCH, AND STUDIES PROGRAM
Pub. L. 108–136, div. A, title V, § 548, Nov. 24, 2003, 117
Stat. 1481, provided that:
‘‘(a) PROGRAM AUTHORIZED.—The Secretary of Defense
may carry out a joint advertising, market research,
and studies program to complement the recruiting advertising programs of the military departments and
improve the ability of the military departments to attract and recruit qualified individuals to serve in the
Armed Forces.
‘‘(b) FUNDING.—Of the amount authorized to be appropriated by section 301(5) [117 Stat. 1426] for operation
and maintenance for Defense-wide activities, $7,500,000
may be made available to carry out the joint advertising, market research, and studies program.’’
NOTIFICATION TO LOCAL EDUCATIONAL AGENCIES
Pub. L. 107–107, div. A, title V, § 544(c), Dec. 28, 2001,
115 Stat. 1113, directed the Secretary of Education to
provide to local educational agencies notice of the provisions of subsec. (c) of this section, as amended by
Pub. L. 107–107, not later than 120 days after Dec. 28,
2001.
ARMY RECRUITING PILOT PROGRAMS
Pub. L. 106–398, § 1 [[div. A], title V, § 561], Oct. 30, 2000,
114 Stat. 1654, 1654A–129, as amended by Pub. L. 107–107,
div. A, title V, § 543, Dec. 28, 2001, 115 Stat. 1112, provided that:
‘‘(a) REQUIREMENT FOR PROGRAMS.—The Secretary of
the Army shall carry out pilot programs to test various
recruiting approaches under this section for the following purposes:
‘‘(1) To assess the effectiveness of the recruiting approaches for creating enhanced opportunities for recruiters to make direct, personal contact with potential recruits.
‘‘(2) To improve the overall effectiveness and efficiency of Army recruiting activities.
‘‘(b) OUTREACH THROUGH MOTOR SPORTS.—(1) One of
the pilot programs shall be a pilot program of public
outreach that associates the Army with motor sports
competitions to achieve the objectives set forth in
paragraph (2).
‘‘(2) The events and activities undertaken under the
pilot program shall be designed to provide opportunities for Army recruiters to make direct, personal contact with high school students to achieve the following
objectives:
‘‘(A) To increase enlistments by students graduating from high school.
‘‘(B) To reduce attrition in the Delayed Entry Program of the Army by sustaining the personal commitment of students who have elected delayed entry
into the Army under the program.
‘‘(3) Under the pilot program, the Secretary of the
Army shall provide for the following:
‘‘(A) For Army recruiters or other Army personnel—
‘‘(i) to organize Army sponsored career day events
in association with national motor sports competitions; and
‘‘(ii) to arrange for or encourage attendance at
the competitions by high school students, teachers,
guidance counselors, and administrators of high
schools located near the competitions.
‘‘(B) For Army recruiters and other soldiers to attend national motor sports competitions—
‘‘(i) to display exhibits depicting the contemporary Army and career opportunities in the Army;
and
‘‘(ii) to discuss those opportunities with potential
recruits.

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TITLE 10—ARMED FORCES

‘‘(C) For the Army to sponsor a motor sports racing
team as part of an integrated program of recruitment
and publicity for the Army.
‘‘(D) For the Army to sponsor motor sports competitions for high school students at which recruiters
meet with potential recruits.
‘‘(E) For Army recruiters or other Army personnel
to compile in an Internet accessible database the
names, addresses, telephone numbers, and electronic
mail addresses of persons who are identified as potential recruits through activities under the pilot program.
‘‘(F) Any other activities associated with motor
sports competition that the Secretary determines appropriate for Army recruitment purposes.
‘‘(c) OUTREACH AT VOCATIONAL SCHOOLS AND COMMUNITY COLLEGES.—(1) One of the pilot programs shall be
a pilot program under which Army recruiters are assigned, as their primary responsibility, at postsecondary vocational institutions and community colleges for
the purpose of recruiting students graduating from
those institutions and colleges, recent graduates of
those institutions and colleges, and students withdrawing from enrollments in those institutions and colleges.
‘‘(2) The Secretary of the Army shall select the institutions and colleges to be invited to participate in the
pilot program.
‘‘(3) The conduct of the pilot program at an institution or college shall be subject to an agreement which
the Secretary shall enter into with the governing body
or authorized official of the institution or college, as
the case may be.
‘‘(4) Under the pilot program, the Secretary shall provide for the following:
‘‘(A) For Army recruiters to be placed in postsecondary vocational institutions and community
colleges to serve as a resource for guidance counselors and to recruit for the Army.
‘‘(B) For Army recruiters to recruit from among
students and graduates described in paragraph (1).
‘‘(C) For the use of telemarketing, direct mail,
interactive voice response systems, and Internet website capabilities to assist the recruiters in the postsecondary vocational institutions and community
colleges.
‘‘(D) For any other activities that the Secretary determines appropriate for recruitment activities in
postsecondary vocational institutions and community colleges.
‘‘(5) In this subsection, the term ‘postsecondary vocational institution’ has the meaning given the term in
section 102(c) of the Higher Education Act of 1965 (20
U.S.C. 1002(c)).
‘‘(d) CONTRACT RECRUITING INITIATIVES.—(1) One of
the pilot programs shall be a program that expands in
accordance with this subsection the scope of the
Army’s contract recruiting initiatives that are ongoing
as of the date of the enactment of this Act [Oct. 30,
2000]. Under the pilot program, the Secretary of the
Army shall select at least 10 recruiting companies to
apply the initiatives in efforts to recruit personnel for
the Army.
‘‘(2) Under the pilot program, the Secretary shall provide for the following:
‘‘(A) For replacement of the Regular Army and
Army Reserve recruiters by contract recruiters in the
10 recruiting companies selected under paragraph (1).
‘‘(B) For operation of the 10 companies under the
same rules as the other Army recruiting companies.
‘‘(C) For use of the offices, facilities, and equipment
of the 10 companies by the contract recruiters.
‘‘(D) For reversion to performance of the recruiting
activities by Regular Army and Army Reserve soldiers in the 10 companies upon termination of the
pilot program.
‘‘(E) For any other uses of contractor personnel for
Army recruiting activities that the Secretary determines appropriate.
‘‘(e) DURATION OF PILOT PROGRAMS.—The pilot programs required by this section shall be carried out dur-

Page 260

ing the period beginning on October 1, 2000, and, subject
to subsection (f), ending on September 30, 2007.
‘‘(f) AUTHORITY TO EXPAND OR EXTEND PILOT PROGRAMS.—The Secretary may expand the scope of any of
the pilot programs (under subsection (b)(3)(F), (c)(4)(D),
(d)(2)(E), or otherwise) or extend the period for any of
the pilot programs. Before doing so in the case of a
pilot program, the Secretary of the Army shall submit
to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives a written notification of the expansion of
the pilot program (together with the scope of the expansion) or the continuation of the pilot program (together with the period of the extension), as the case
may be.
‘‘(g) REPORTS.—Not later than February 1, 2008, the
Secretary of the Army shall submit to the Committees
on Armed Services of the Senate and the House of Representatives a separate report on each of the pilot programs carried out under this section. The report on a
pilot program shall include the following:
‘‘(1) The Secretary’s assessment of the value of the
actions taken in the administration of the pilot program for increasing the effectiveness and efficiency
of Army recruiting.
‘‘(2) Any recommendations for legislation or other
action that the Secretary considers appropriate to increase the effectiveness and efficiency of Army recruiting.’’
PILOT PROGRAM TO ENHANCE MILITARY RECRUITING BY
IMPROVING MILITARY AWARENESS OF SCHOOL COUNSELORS AND EDUCATORS
Pub. L. 106–398, § 1 [[div. A], title V, § 564], Oct. 30, 2000,
114 Stat. 1654, 1654A–133, as amended by Pub. L. 109–364,
div. A, title X, § 1046(d), Oct. 17, 2006, 120 Stat. 2394, directed the Secretary of Defense to conduct a three-year
pilot program in a qualifying interactive Internet site
beginning not later than 180 days after Oct. 30, 2000, to
determine if cooperation with military recruiters by
local educational agencies and by institutions of higher
education could be enhanced by improving the understanding of school counselors and educators about military recruiting and military career opportunities.
MEASURES TO IMPROVE RECRUIT QUALITY AND REDUCE
RECRUIT ATTRITION
Pub. L. 105–85, div. A, title V, subtitle D, Nov. 18, 1997,
111 Stat. 1738, provided that:
‘‘SEC. 531. REFORM OF MILITARY RECRUITING
SYSTEMS.
‘‘(a) IN GENERAL.—The Secretary of Defense shall
carry out reforms in the recruiting systems of the
Army, Navy, Air Force, and Marine Corps in order to
improve the quality of new recruits and to reduce attrition among recruits.
‘‘(b) SPECIFIC REFORMS.—As part of the reforms in
military recruiting systems to be undertaken under
subsection (a), the Secretary shall take the following
steps:
‘‘(1) Improve the system of pre-enlistment waivers
and separation codes used for recruits by (A) revising
and updating those waivers and codes to allow more
accurate and useful data collection about those separations, and (B) prescribing regulations to ensure
that those waivers and codes are interpreted in a uniform manner by the military services.
‘‘(2) Develop a reliable database for (A) analyzing
(at both the Department of Defense and service-level)
data on reasons for attrition of new recruits, and (B)
undertaking Department of Defense or service-specific measures (or both) to control and manage such
attrition.
‘‘(3) Require that the Secretary of each military department (A) adopt or strengthen incentives for recruiters to thoroughly prescreen potential candidates
for recruitment, and (B) link incentives for recruiters, in part, to the ability of a recruiter to screen out
unqualified candidates before enlistment.

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‘‘(4) Require that the Secretary of each military department include as a measurement of recruiter performance the percentage of persons enlisted by a recruiter who complete initial combat training or basic
training.
‘‘(5) Assess trends in the number and use of waivers
over the 1991–1997 period that were issued to permit
applicants to enlist with medical or other conditions
that would otherwise be disqualifying.
‘‘(6) Require the Secretary of each military department to implement policies and procedures (A) to ensure the prompt separation of recruits who are unable
to successfully complete basic training, and (B) to remove those recruits from the training environment
while separation proceedings are pending.
‘‘(c) REPORT.—Not later than March 31, 1998, the Secretary shall submit to Congress a report of the trends
assessed under subsection (b)(5). The information on
those trends provided in the report shall be shown by
armed force and by category of waiver. The report shall
include recommendations of the Secretary for changing, revising, or limiting the use of waivers referred to
in that subsection.
‘‘SEC. 532. IMPROVEMENTS IN MEDICAL PRESCREENING OF APPLICANTS FOR MILITARY
SERVICE.
‘‘(a) IN GENERAL.—The Secretary of Defense shall improve the medical prescreening of applicants for entrance into the Army, Navy, Air Force, or Marine
Corps.
‘‘(b) SPECIFIC STEPS.—As part of those improvements,
the Secretary shall take the following steps:
‘‘(1) Require that each applicant for service in the
Army, Navy, Air Force, or Marine Corps (A) provide
to the Secretary the name of the applicant’s medical
insurer and the names of past medical providers, and
(B) sign a release allowing the Secretary to request
and obtain medical records of the applicant.
‘‘(2) Require that the forms and procedures for medical prescreening of applicants that are used by recruiters and by Military Entrance Processing Commands be revised so as to ensure that medical questions are specific, unambiguous, and tied directly to
the types of medical separations most common for recruits during basic training and follow-on training.
‘‘(3) Add medical screening tests to the examinations of recruits carried out by Military Entrance
Processing Stations, provide more thorough medical
examinations to selected groups of applicants, or
both, to the extent that the Secretary determines
that to do so could be cost effective in reducing attrition at basic training.
‘‘(4) Provide for an annual quality control assessment of the effectiveness of the Military Entrance
Processing Commands in identifying medical conditions in recruits that existed before enlistment in the
Armed Forces, each such assessment to be performed
by an agency or contractor other than the Military
Entrance Processing Commands.
‘‘SEC. 533. IMPROVEMENTS IN PHYSICAL FITNESS
OF RECRUITS.
‘‘(a) IN GENERAL.—The Secretary of Defense shall
take steps to improve the physical fitness of recruits
before they enter basic training.
‘‘(b) SPECIFIC STEPS.—As part of those improvements,
the Secretary shall take the following steps:
‘‘(1) Direct the Secretary of each military department to implement programs under which new recruits who are in the Delayed Entry Program are encouraged to participate in physical fitness activities
before reporting to basic training.
‘‘(2) Develop a range of incentives for new recruits
to participate in physical fitness programs, as well as
for those recruits who improve their level of fitness
while in the Delayed Entry Program, which may include access to Department of Defense military fitness facilities, and access to military medical facilities in the case of a recruit who is injured while participating in physical activities with recruiters or
other military personnel.

§ 503

‘‘(3) Evaluate whether partnerships between recruiters and reserve components, or other innovative
arrangements, could provide a pool of qualified personnel to assist in the conduct of physical training
programs for new recruits in the Delayed Entry Program.’’
DENIAL OF FUNDS FOR PREVENTING ROTC ACCESS TO
CAMPUS OR FEDERAL MILITARY RECRUITING ON CAMPUS; EXCEPTIONS
Pub. L. 104–208, div. A, title I, § 101(e) [title V, § 514],
Sept. 30, 1996, 110 Stat. 3009–233, 3009–270, which provided
that none of the funds made available in any Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act for
any fiscal year could be provided by contract or by
grant to a covered educational entity if the Secretary
of Defense determined that the covered educational entity had a policy or practice that prohibited or prevented the maintaining, establishing, or operation of a
unit of the Senior Reserve Officer Training Corps at the
covered educational entity, or a student at the covered
educational entity from enrolling in a unit of the Senior Reserve Officer Training Corps at another institution of higher education, or prohibited or prevented
entry to campuses, or access to students on campuses,
for purposes of Federal military recruiting or access by
military recruiters for purposes of Federal military recruiting to student names, addresses, and telephone
listings and, if known, student ages, levels of education, and majors, was repealed and restated in section 983 of this title by Pub. L. 106–65, div. A, title V,
§ 549(a)(1), (b)(2), Oct. 5, 1999, 113 Stat. 609, 611.
MILITARY RECRUITING ON CAMPUS
Pub. L. 103–337, div. A, title V, § 558, Oct. 5, 1994, 108
Stat. 2776, as amended by Pub. L. 104–324, title II,
§ 206(a), Oct. 19, 1996, 110 Stat. 3908, which provided that
no funds available to the Department of Defense or the
Department of Transportation could be provided by
grant or contract to any institution of higher education that had a policy of denying or preventing the
Secretary of Defense or the Secretary of Transportation from obtaining for military recruiting purposes
entry to campuses or access to students on campuses or
access to directory information pertaining to students,
was repealed and restated in section 983 of this title by
Pub. L. 106–65, div. A, title V, § 549(a)(1), (b)(1), Oct. 5,
1999, 113 Stat. 609, 611.
MILITARY RECRUITING INFORMATION
Section 1114(a) of Pub. L. 97–252 provided that: ‘‘The
Congress finds that in order for Congress to carry out
effectively its constitutional authority to raise and
support armies, it is essential—
‘‘(1) that the Secretary of Defense obtain and compile directory information pertaining to students enrolled in secondary schools throughout the United
States; and
‘‘(2) that such directory information be used only
for military recruiting purposes and be retained in
the case of each person with respect to whom such information is obtained and compiled for a limited period of time.’’
ACCESS OF ARMED FORCES RECRUITING PERSONNEL TO
SECONDARY EDUCATIONAL INSTITUTIONS; RELEASE OF
DATA
Pub. L. 96–342, title III, § 302(d), Sept. 8, 1980, 94 Stat.
1083, provided that: ‘‘It is the sense of the Congress—
‘‘(1) that secondary educational institutions in the
United States, the Commonwealth of Puerto Rico,
and the territories of the United States should cooperate with the Armed Forces by allowing recruiting personnel access to such institutions; and
‘‘(2) that it is appropriate for such institutions to
release to the Armed Forces information regarding
students at such institutions (including such data as
names, addresses, and education levels) which is rel-

TITLE 10—ARMED FORCES

§ 504

evant to recruiting individuals for service in the
Armed Forces.’’

§ 504. Persons not qualified
(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 108–188 (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 108–188 (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 99–658 (100 Stat. 3678; 48
U.S.C. 1931 note)).
(2) Notwithstanding paragraph (1), the Secretary concerned may authorize the enlistment
of a person not described in paragraph (1) if the
Secretary determines that such enlistment is
vital to the national interest.
(Added Pub. L. 90–235, § 2(a)(1)(B), Jan. 2, 1968, 81
Stat. 754; amended Pub. L. 109–163, div. A, title
V, § 542(a), Jan. 6, 2006, 119 Stat. 3253.)
AMENDMENTS
2006—Pub. L. 109–163 designated existing provisions as
subsec. (a), inserted heading, and added subsec. (b).

§ 505. Regular components: qualifications, term,
grade
(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

Page 262

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 member’s current enlistment.
(Added Pub. L. 90–235, § 2(a)(1)(B), Jan. 2, 1968, 81
Stat. 754; amended Pub. L. 93–290, May 24, 1974,
88 Stat. 173; Pub. L. 95–485, title VIII, § 820(a),
Oct. 20, 1978, 92 Stat. 1627; Pub. L. 98–94, title X,
§ 1023, Sept. 24, 1983, 97 Stat. 671; Pub. L. 104–201,
div. A, title V, § 511, Sept. 23, 1996, 110 Stat. 2514;
Pub. L. 109–163, div. A, title V, §§ 543, 544, Jan. 6,
2006, 119 Stat. 3253; Pub. L. 110–417, [div. A], title
V, § 531(a), Oct. 14, 2008, 122 Stat. 4449.)
AMENDMENTS
2008—Subsec. (d)(2), (3)(A). Pub. L. 110–417 substituted
‘‘eight years’’ for ‘‘six years’’.
2006—Subsec. (a). Pub. L. 109–163, § 543, in first sentence, substituted ‘‘forty-two years of age’’ for ‘‘thirtyfive years of age’’.
Subsec. (c). Pub. L. 109–163, § 544, substituted ‘‘eight
years’’ for ‘‘six years’’.
1996—Subsec. (d). Pub. L. 104–201 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. 98–94 substituted ‘‘at
least two but not more than six years’’ for ‘‘two, three,
four, five, or six years’’.
1978—Subsecs. (d), (e). Pub. L. 95–485 redesignated
subsec. (e) as (d). Former subsec. (d), which provided
that in the Regular Army female persons may be enlisted only in the Women’s Army Corps, was struck
out.
1974—Subsec. (a). Pub. L. 93–290, § 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. 93–290, § 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