10 U.S.C. § 519 — Temporary enlistments: during war or

Page 540 TITLE 10—ARMED FORCES § 518 and E–9 on active duty affecting reserve components of the armed forces: Army, to 2,295 and 517 from 1,494 and 314; Air Force, to 455 and 87 from 617 and 143; Marine Corps, to 74 and 9 from 56 and 6. Navy figures remained unchanged. 1983—Subsec. (b). Pub. L. 98–94 increased fiscal year limitation on number of enlisted men in pay grades E–8 and E–9 on active duty affecting reserve components of the armed forces: Army, to 1,494 and 314 from 1,244 and 265; Navy, to 381 and 156 from 329 and 156; Air Force, to 617 and 143 from 441 and 132; Marine Corps figures re- mained unchanged. 1982—Subsec. (b). Pub. L. 97–252 increased the num- bers in columns from 222, 146, 76, and 4 in the line for E–9 to 265, 156, 132, and 6, respectively, and from 908, 319, 307, and 12 in line for E–8 to 1,244, 329, 441, and 56, re- spectively. 1981—Subsec. (b). Pub. L. 97–86, § 503(1), inserted col- umn for ‘‘Marine Corps’’ in table and increased num- bers in existing columns headed ‘‘Army’’, ‘‘Navy’’, and ‘‘Air Force’’ from 209, 140, and 71 in line for E–9 to 222, 146, and 76, respectively, and from 823, 302, and 302 in line for E–8 to 908, 319, and 307, respectively. Subsec. (c). Pub. L. 97–86, § 503(2), added subsec. (c). 1980—Pub. L. 96–584 designated existing provisions as subsec. (a), inserted provisions respecting computation of limitations, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–261, div. A, title IV, § 407(b), Oct. 17, 1998, 112 Stat. 1996, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take ef- fect on October 1, 1999.’’ EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–337, div. A, title V, § 552(c), Oct. 5, 1994, 108 Stat. 2772, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall not apply with respect to the number of enlisted members of the Army on active duty in pay grade E–8 during 1994.’’ Amendment by section 1662(a)(4) of Pub. L. 103–337 ef- fective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title. EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101–189, div. A, title IV, § 413(a)(2), Nov. 29, 1989, 103 Stat. 1433, provided that the amendment made by that section is effective Oct. 1, 1990. EFFECTIVE DATE OF 1987 AMENDMENT Pub. L. 100–180, div. A, title IV, § 413(a)(2), Dec. 4, 1987, 101 Stat. 1083, provided that the amendment made by that section is effective Oct. 1, 1988. EFFECTIVE DATE OF 1985 AMENDMENT Pub. L. 99–145, title IV, § 413(c), Nov. 8, 1985, 99 Stat. 620, provided that: ‘‘The amendments made by sub- sections (a) and (b) [amending this section and section 524 [now 12011] of this title] shall take effect on October 1, 1985.’’ EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–525, title IV, § 413(c), Oct. 19, 1984, 98 Stat. 2518, provided that: ‘‘The amendments made by sub- sections (a) and (b) [amending this section and section 524 [now 12011] of this title] shall take effect on October 1, 1984.’’ EFFECTIVE DATE OF 1983 AMENDMENT Pub. L. 98–94, title V, § 503(c), Sept. 24, 1983, 97 Stat. 631, provided that: ‘‘The amendments made by sub- sections (a) and (b) [amending this section and section 524 [now 12011] of this title] shall take effect on October 1, 1983.’’ EFFECTIVE DATE Section effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services. TEMPORARY EXEMPTION FROM END STRENGTH GRADE RESTRICTIONS FOR THE SPACE FORCE Pub. L. 117–263, div. A, title V, § 526, Dec. 23, 2022, 136 Stat. 2572, provided that: ‘‘Section 517 and section 523 (as amended by section 501 of this Act) of title 10, United States Code, shall not apply to the Space Force until January 1, 2024.’’ Similar provisions were contained in the following prior acts: Pub. L. 117–81, div. A, title V, § 528(a), Dec. 27, 2021, 135 Stat. 1690. Pub. L. 116–283, div. A, title IX, § 929, Jan. 1, 2021, 134 Stat. 3832. AUTHORIZED ACTIVE DUTY STRENGTHS FOR ARMY EN- LISTED MEMBERS IN PAY GRADE E–8; SPECIAL RULE FOR 1995 Pub. L. 103–337, div. A, title V, § 552(b), Oct. 5, 1994, 108 Stat. 2772, provided that the percentage applicable to enlisted members of the Army in pay grade E–8 under subsec. (a) of this section during 1995 would be 2.3 per- cent, rather than the percentage provided by the amendment made by Pub. L. 103–337, § 552(a). AUTHORITY TO WAIVE GRADE STRENGTH LAWS FOR FIS- CAL YEAR 1991; CERTIFICATION; RELATIONSHIP TO OTHER SUSPENSION AUTHORITY Pub. L. 102–25, title II, §§ 201(b), 202, 205(b), Apr. 6, 1991, 105 Stat. 79, 80, authorized Secretary of a military de- partment to suspend, for fiscal year 1991, the operation of any provision of this section and section 523, 524 (now 12011), 525, or 526 of this title with respect to that mili- tary department, that such Secretary may exercise such authority only after submission to the congres- sional defense committees of a certification in writing that such authority is necessary because of personnel actions associated with Operation Desert Storm, and that such authority is in addition to the authority pro- vided in section 527 of this title. § 518. Temporary enlistments Temporary enlistments may be made only in the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, as the case may be, with- out specification of component. (Added Pub. L. 90–235, § 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 755; amended Pub. L. 116–283, div. A, title IX, § 924(b)(2)(A)(iii), Jan. 1, 2021, 134 Stat. 3821.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘Marine Corps, Space Force,’’ for ‘‘Marine Corps,’’. Statutory Notes and Related Subsidiaries 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 relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 519. Temporary enlistments: during war or emergency Except as provided in section 505 of this title and except for enlistments as Reserves of an armed force— Page 541 TITLE 10—ARMED FORCES § 520 (1) temporary enlistments in an armed force entered into in time of war or of emergency declared by Congress shall be for the duration of the war or emergency plus six months; and (2) only persons at least eighteen years of age and otherwise qualified under regulations to be prescribed by the Secretary concerned are eligible for such enlistments. (Added Pub. L. 90–235, § 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 755.) § 520. Limitation on enlistment and induction of persons whose score on the Armed Forces Qualification Test is below a prescribed level (a)(1) The number of persons originally en- listed or inducted to serve on active duty (other than active duty for training) in any armed force during any fiscal year whose score on the Armed Forces Qualification Test is at or above the tenth percentile and below the thirty-first percentile may not exceed 4 percent of the total number of persons originally enlisted or in- ducted to serve on active duty (other than ac- tive duty for training) in such armed force dur- ing such fiscal year. (2) Upon the request of the Secretary con- cerned, the Secretary of Defense may authorize an armed force to increase the limitation speci- fied in paragraph (1) to not exceed 20 percent of the total number of persons originally enlisted or inducted to serve on active duty (other than active duty for training) in such armed force during such fiscal year. The Secretary of De- fense shall notify the Committees on Armed Services of the Senate and the House of Rep- resentatives not later than 30 days after using such authority. (b) A person who is not a high school graduate may not be accepted for enlistment in the armed forces unless the score of that person on the Armed Forces Qualification Test is at or above the thirty-first percentile; however, a person may not be denied enlistment in the armed forces solely because of his not having a high school diploma if his enlistment is needed to meet established strength requirements. (Added Pub. L. 96–342, title III, § 302(b)(1), Sept. 8, 1980, 94 Stat. 1082; amended Pub. L. 96–579, § 9, Dec. 23, 1980, 94 Stat. 3368; Pub. L. 97–86, title IV, § 402(b)(1), Dec. 1, 1981, 95 Stat. 1104; Pub. L. 98–94, title XII, § 1268(3), Sept. 24, 1983, 97 Stat. 705; Pub. L. 100–370, § 1(a)(1), July 19, 1988, 102 Stat. 840; Pub. L. 118–31, div. A, title V, § 542, Dec. 22, 2023, 137 Stat. 264; Pub. L. 118–159, div. A, title XVII, § 1701(a)(12), Dec. 23, 2024, 138 Stat. 2203.) HISTORICAL AND REVISION NOTES 1988 ACT Amendment of subsection (b) is based on Pub. L. 93–307, title IV, § 401, June 8, 1974, 88 Stat. 234, as amend- ed by Pub. L. 93–365, title VII, § 705, Aug. 5, 1974, 88 Stat. 406. Editorial Notes AMENDMENTS 2024—Subsec. (a)(2). Pub. L. 118–159 substituted ‘‘armed force’’ for ‘‘armed forced’’. 2023—Subsec. (a). Pub. L. 118–31 designated existing provisions as par. (1), substituted ‘‘may not exceed 4 percent’’ for ‘‘may not exceed 20 percent’’, and added par. (2). 1988—Subsec. (b). Pub. L. 100–370 inserted before pe- riod at end ‘‘; however, a person may not be denied en- listment in the armed forces solely because of his not having a high school diploma if his enlistment is need- ed to meet established strength requirements’’. 1983—Subsec. (a). Pub. L. 98–94 struck out provisions under which, for fiscal years beginning on October 1, 1980, and October 1, 1981, the total number of persons originally enlisted or inducted to serve on active duty (other than active duty for training) in the armed forces during such fiscal years whose score on the Armed Forces Qualification Test was at or above the tenth percentile and below the thirty-first percentile could not exceed 25 percent of the number of such per- sons enlisted or inducted into the armed forces during such fiscal years, and, in the provisions remaining ap- plicable to fiscal years beginning after Sept. 30, 1982, substituted ‘‘20 percent of the total number of persons originally enlisted or inducted to serve on active duty (other than active duty for training) in such armed force’’ for ‘‘20 percent of the number of such persons en- listed or inducted into such armed force’’. 1981—Pub. L. 97–86 designated existing provisions as subsec. (a) and added subsec. (b). 1980—Pub. L. 96–579 struck out subsec. (a) designation and subsec. (b) authorizing the Secretary of Defense for national security reasons to waive the enlistment and induction limitation based on percentile limits condi- tioned upon notification of the Congress and a concur- rent resolution of approval. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97–86, title IV, § 402(b)(2), Dec. 1, 1981, 95 Stat. 1105, provided that: ‘‘The amendments made by para- graph (1) [amending this section] shall take effect at the end of the 30-day period beginning on the date of the enactment of this Act [Dec. 1, 1981].’’ FUTURE SERVICEMEMBER PREPARATORY COURSE Pub. L. 118–31, div. A, title V, § 546, Dec. 22, 2023, 137 Stat. 266, as amended by Pub. L. 118–159, div. A, title V, § 531, Dec. 23, 2024, 138 Stat. 1886, provided that: ‘‘(a) REQUIREMENT.—If the number of nonprior service enlisted personnel covered under section 520 of title 10, United States Code, exceeds 10 percent of the total number of persons originally enlisted in an Armed Force during a fiscal year, the Secretary concerned shall establish a future servicemember preparatory course within the Armed Force concerned. ‘‘(b) PURPOSE.—The course established under sub- section (a) shall be designed to improve the physical and aptitude qualifications of military recruits. ‘‘(c) CRITERIA.—Each course established under this section shall comply with the following requirements: ‘‘(1) ENROLLMENT.—All nonprior service enlisted persons whose score on the Armed Forces Qualifica- tion Test is below the thirty-first percentile must be enrolled in the course prior to attending initial basic training. ‘‘(2) GRADUATION REQUIREMENT.—Prior to attending initial basic training, all enlisted persons attending the course established under this section must achieve a score on the Armed Forces Qualification Test that is— ‘‘(A) at least 10 points higher than the individ- ual’s most recent score taken prior to the individ- ual’s date of enlistment; or ‘‘(B) no longer subject to the restrictions of sec- tion 520 of title 10, United States Code. ‘‘(3) EFFECT OF COURSE FAILURE.—Any enlisted per- son who fails to achieve meaningful progress, as de- termined by the Secretary concerned, within 90 days of enlistment shall be separated under regulations prescribed by the Secretary concerned. ‘‘(d) REPORT.—If a preparatory course under this sec- tion is established by the Secretary concerned, the Sec-