10 U.S.C. § 503 — Enlistments: recruiting campaigns; com-

Page 521 TITLE 10—ARMED FORCES § 503 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 ‘‘enlist- ments’’ 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 di- rectory 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, re- designated 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: pro- motions’’ 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.) Editorial Notes CODIFICATION Another section 501 was renumbered section 500a of this title. 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 ap- pointed 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 of- ficer, or any other person designated under regu- lations 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. 109–364, div. A, title V, § 595(a), Oct. 17, 2006, 120 Stat. 2235.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 501 .......... 50:737. 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. Editorial Notes 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. CODIFICATION Another section 502 was renumbered section 500b 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 en- emies, foreign and domestic; that I will bear true faith and allegiance to the same’’ for ‘‘bear true faith and al- legiance to the United States of America; that I will serve them honestly and faithfully against all their en- emies whomsoever’’ and inserted ‘‘So help me God’’ in the oath, and ‘‘or affirmation’’ in text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1962 AMENDMENT Pub. L. 87–751, § 3, Oct. 5, 1962, 76 Stat. 748, 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; com- pilation 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, Reg- ular Marine Corps, and Regular Coast Guard and the Space Force. (2) The Secretary of Defense shall act on a continuing basis to enhance the effectiveness of recruitment programs of the Department of De- fense (including programs conducted jointly and programs conducted by the separate armed forces) through an aggressive program of adver- tising and market research targeted at prospec- tive recruits for the armed forces and those who may influence prospective recruits. Subchapter I of chapter 35 of title 44 shall not apply to ac- tions taken as part of that program. (3) PII regarding a prospective recruit col- lected or compiled under this subsection shall be kept confidential, and a person who has had ac- cess to such PII may not disclose the informa- tion except for purposes of this section or other purpose authorized by law. (4) In the course of conducting a recruiting campaign, the Secretary concerned shall— (A) notify a prospective recruit of data col- lection policies of the armed force concerned; and (B) permit the prospective recruit to elect not to participate in such data collection. (5) In this subsection, the term ‘‘PII’’ means personally identifiable information. Page 522 TITLE 10—ARMED FORCES § 503 (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 high- er 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 infor- mation collected and compiled under this sub- section available to the armed forces for mili- tary recruiting purposes. Such information may not be disclosed for any other purpose. (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 com- piled under this subsection shall be confidential, and a person who has had access to such infor- mation may not disclose such information ex- cept for the purposes described in paragraph (2). (5) The Secretary of Defense shall prescribe regulations to carry out this subsection. Regula- tions 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. Regu- lations prescribed by the Secretaries concerned to carry out this subsection shall be as uniform as practicable. (6) Nothing in this subsection shall be con- strued as requiring, or authorizing the Secretary of Defense to require, that any educational in- stitution furnish directory information to the Secretary. (c) ACCESS TO SECONDARY SCHOOLS.—(1)(A) Each local educational agency receiving assist- ance under the Elementary and Secondary Edu- cation Act of 1965— (i) shall provide to military recruiters the same access to secondary school students as is provided generally to postsecondary edu- cational institutions or to prospective employ- ers of those students; (ii) shall provide to military recruiters ac- cess to career fairs or similar events upon a request made by military recruiters for mili- tary recruiting purposes; and (iii) shall, upon a request made by military recruiters for military recruiting purposes, provide, not later than 60 days after receiving such request, access to secondary school stu- dent names, addresses, electronic mail ad- dresses (which shall be the electronic mail ad- dresses provided by the school, if available), and telephone listings, notwithstanding sub- section (a)(5) of section 444 of the General Edu- cation Provisions Act (20 U.S.C. 1232g). (B) A local educational agency may not re- lease a student’s name, address, electronic mail address, and telephone listing under subpara- graph (A)(iii) 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 stu- dent’s information not be released for a purpose covered by that subparagraph without prior written parental consent. Each local edu- cational agency shall notify parents of the rights provided under the preceding sentence. (2) If a local educational agency denies a re- quest by the Department of Defense for recruit- ing access, the Secretary of Defense, in coopera- tion with the Secretary of the military depart- ment 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 rep- resentatives of that local educational agency in person, at the offices of that agency, for the pur- pose of arranging for recruiting access. The des- ignated 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- riod, the Secretary of Defense determines that the agency continues to deny recruiting access, the Secretary shall transmit to the chief execu- tive 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 determina- tion. The Secretary shall provide to the Sec- retary of Education a copy of such notification and any other communication between the Sec- retary 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 de- nies 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 determina- tion 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 Rep- resentatives who represents the district in which the local educational agency is lo- cated. (5) The requirements of this subsection do not apply to a private secondary school that main- tains 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) The Secretary of Defense shall submit an annual report to Congress not later than Feb- ruary 1 each calendar year, detailing each noti- fication of denial of recruiting access issued under paragraph (3). (7) In this subsection: (A) The term ‘‘local educational agency’’ means— (i) a local educational agency, within the meaning of that term in section 8101 of the Elementary and Secondary Education Act of 1965; and (ii) a private secondary school. Page 523 TITLE 10—ARMED FORCES § 503 (B) The term ‘‘recruiting access’’ means ac- cess 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 Mar- iana Islands, Guam, the Virgin Islands, Amer- ican Samoa, the Federated States of Micro- nesia, the Republic of the Marshall Islands, and the Republic of Palau. (E) The term ‘‘specified congressional com- mittees’’ 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 Work- force of the House of Representatives. (F) The term ‘‘member of the House of Rep- resentatives’’ includes a Delegate or Resident Commissioner to Congress. (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; Pub. L. 114–95, title IX, § 9215(uuu)(1), Dec. 10, 2015, 129 Stat. 2190; Pub. L. 116–283, div. A, title V, § 521(a), Jan. 1, 2021, 134 Stat. 3597; Pub. L. 117–263, div. A, title V, § 531(a), Dec. 23, 2022, 136 Stat. 2574; Pub. L. 118–31, div. A, title V, § 541, title XVII, § 1717(b)(1), Dec. 22, 2023, 137 Stat. 264, 655.) Editorial Notes REFERENCES IN TEXT The Elementary and Secondary Education Act of 1965, referred to in subsec. (c)(1)(A), (6)(A)(i), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, which is classified gen- erally to chapter 70 (§ 6301 et seq.) of Title 20, Edu- cation. Section 8101 of the Act is classified to section 7801 of Title 20. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of Title 20 and Tables. CODIFICATION Another section 503 was renumbered section 500c of this title. AMENDMENTS 2023—Subsec. (a)(1). Pub. L. 118–31, § 1717(b)(1), in- serted ‘‘and the Space Force’’ after ‘‘Regular Coast Guard’’. Subsec. (c)(1)(A). Pub. L. 118–31, § 541(1)(A), added cl. (ii), redesignated former cl. (ii) as (iii), and inserted in cl. (iii) ‘‘, not later than 60 days after receiving such re- quest,’’ after ‘‘provide’’. Subsec. (c)(1)(B). Pub. L. 118–31, § 541(1)(B), sub- stituted ‘‘subparagraph (A)(iii)’’ for ‘‘subparagraph (A)(ii)’’. Subsec. (c)(6), (7). Pub. L. 118–31, § 541(2), (3), added par. (6) and redesignated former par. (6) as (7). 2022—Subsec. (a)(3) to (5). Pub. L. 117–263 added pars. (3) to (5). 2021—Subsec. (c)(1)(A)(ii). Pub. L. 116–283, § 521(a)(1)(A), substituted ‘‘electronic mail addresses (which shall be the electronic mail addresses provided by the school, if available), and telephone listings, not- withstanding subsection (a)(5) of section 444 of the Gen- eral Education Provisions Act (20 U.S.C. 1232g).’’ for ‘‘and telephone listings, notwithstanding section 444(a)(5)(B) of the General Education Provisions Act (20 U.S.C. 1232g(a)(5)(B)).’’ Subsec. (c)(1)(B). Pub. L. 116–283, § 521(a)(1)(B), sub- stituted ‘‘electronic mail address, and telephone list- ing’’ for ‘‘and telephone listing’’. Subsec. (d). Pub. L. 116–283, § 521(a)(2), struck out sub- sec. (d). Text read as follows: ‘‘In this section, the term ‘directory information’ has the meaning given that term in subsection (a)(5)(A) of section 444 of the Gen- eral Education Provisions Act (20 U.S.C. 1232g).’’ 2015—Subsec. (c)(6)(A)(i). Pub. L. 114–95 substituted ‘‘section 8101 of the Elementary and Secondary Edu- cation Act of 1965’’ for ‘‘section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)’’. 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), sub- stituted ‘‘apply to a private secondary school that’’ for ‘‘apply to— ‘‘(A) a local educational agency with respect to ac- cess to secondary school students or access to direc- tory 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, respec- tively; or ‘‘(B) a private secondary school which’’. Subsec. (c)(6)(A)(i). Pub. L. 108–136, § 543(b), sub- stituted ‘‘9101’’ and ‘‘7801’’ for ‘‘14101’’ and ‘‘8801’’, re- spectively. 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 pro- vided 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 stu- dents.’’ Subsec. (c)(6)(A)(i). Pub. L. 107–107, § 1048(a)(5)(A), sub- stituted ‘‘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 re- spect to a student, the student’s name, address, tele- phone listing, date and place of birth, level of edu- cation, degrees received, and the most recent previous educational agency or institution attended by the stu- dent.’’ Subsec. (c). Pub. L. 106–398, § 1 [[div. A], title V, § 563(a)], amended subsec. (c) generally. Prior to amend- ment, subsec. (c) read as follows: ‘‘Each local edu- cational agency is requested to provide to the Depart- ment of Defense, upon a request made for military re- cruiting 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), sub- stituted ‘‘and the Committee on Armed Services’’ for ‘‘and the Committee on National Security’’. Page 524 TITLE 10—ARMED FORCES § 503 Subsec. (c). Pub. L. 106–65, § 571, added subsec. (c). 1996—Subsec. (b)(5). Pub. L. 104–106 substituted ‘‘Com- mittee on Armed Services of the Senate and the Com- mittee on National Security of the House of Represent- atives’’ for ‘‘Committees on Armed Services of the Sen- ate 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 sub- sec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. 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, ef- fective 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 en- acted 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 sec- tion] 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 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. REGULATIONS TO ENSURE NOTICE TO RECRUITS OF OPTIONS FOR NATURALIZATION Pub. L. 117–81, div. A, title V, § 523(a), Dec. 27, 2021, 135 Stat. 1687, provided that: ‘‘The Secretary of each mili- tary department shall prescribe regulations that ensure that a military recruit, who is not a citizen of the United States, receives proper notice of options for nat- uralization under title III of the Immigration and Na- tionality Act (8 U.S.C. 1401 et seq.)[.] Such notice shall inform the recruit of existing programs or services that may aid in the naturalization process of such recruit.’’ COMMUNITY COLLEGE ENLISTED TRAINING CORPS DEMONSTRATION PROGRAM Pub. L. 118–31, div. A, title V, § 548, Dec. 22, 2023, 137 Stat. 267, provided that: ‘‘(a) DEMONSTRATION PROGRAM.— ‘‘(1) IN GENERAL.—Not later than August 1, 2025, the Secretary concerned shall establish within each mili- tary department an Enlisted Training Corps dem- onstration program for the purpose of introducing students to the military, and preparing selected stu- dents for enlisted service in the Army, Navy, Air Force, Marine Corps, or Space Force. ‘‘(2) LOCATION.—Demonstration programs estab- lished under this section shall be located at a commu- nity or junior college. No program may be established at a military college or military junior college as de- fined for purposes of section 2107a of title 10, United States Code. ‘‘(b) ELIGIBILITY FOR MEMBERSHIP.—To be eligible for membership in a program under this section, a person must be a student at an institution where a unit of the Enlisted Training Corps is located. ‘‘(c) INSTRUCTORS.—The Secretary concerned may as- sign as an instructor for a unit established under this section an individual eligible to serve as an instructor under section 2111 or section 2031 of title 10, United States Code. Instructors who are not currently mem- bers on active duty shall be paid in a manner con- sistent with section 2031 of title 10, United States Code. ‘‘(d) FINANCIAL ASSISTANCE.—The Secretary of the military department concerned may provide financial assistance to persons enrolled in a unit of the Enlisted Training Corps in exchange for an agreement in writing that the person enlist in the active component of the military department concerned upon graduation or disenrollment from the community college. Financial assistance provided under this subsection may include tuition, living expenses, stipend, or other payment. ‘‘(e) CURRICULUM.—The Secretary concerned shall en- sure that any programs created under this section in- clude as part of the curriculum the following: ‘‘(1) An introduction to the benefits of military service. ‘‘(2) Military history. ‘‘(3) Military customs and courtesies. ‘‘(4) Physical fitness requirements. ‘‘(5) Instruction on ethical behavior and decision making. ‘‘(f) REPORTING REQUIREMENT.—Not later than one year after the date of the enactment of this Act [Dec. 22, 2023], and annually thereafter until the date speci- fied by subsection (g), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the status of the demonstration program required by this section. ‘‘(g) SUNSET.—The requirements of this provision shall sunset on September 30, 2030.’’ CERTIFICATION REQUIREMENT REGARDING CONTRACTING FOR MILITARY RECRUITING Pub. L. 118–31, div. A, title XV, § 1555, Dec. 22, 2023, 137 Stat. 581, as amended by Pub. L. 118–159, div. A, title XV, § 1542, Dec. 23, 2024, 138 Stat. 2149, provided that: ‘‘(a) CERTIFICATION REQUIREMENT.—Prior to the Sec- retary of Defense entering into any contract or other agreement (or extending, renewing, or otherwise modi- fying an existing contract or other agreement) with an entity for the purpose of that entity placing military recruitment advertisements on behalf of the Depart- ment of Defense, the Secretary shall require, as a con- dition of such contract or agreement, that the entity certify to the Secretary that the entity does not place advertisements in news sources based on personal or in- stitutional political preferences or biases, or deter- minations of misinformation. ‘‘(b) NOTIFICATION REQUIREMENT.— ‘‘(1) IN GENERAL.—The Secretary of Defense, in co- ordination with the Secretaries of the military de- partments, shall submit a notification to the congres- sional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] and congressional leader- ship each time the Department of Defense enters into a contract related to the placement of recruitment advertising with an entity specified in paragraph (2) and if such entities are used how they are used. Page 525 TITLE 10—ARMED FORCES § 503 ‘‘(2) ENTITIES SPECIFIED.—The entities specified in this paragraph are— ‘‘(A) NewsGuard Technologies Inc.; ‘‘(B) the Global Disinformation Index, incor- porated in the United Kingdom as ‘Disinformation Index LTD’; and ‘‘(C) any similar entity. ‘‘(c) SUNSET.—The requirement under this section shall terminate on the date that is two years after the date of the enactment of this Act [Dec. 22, 2023].’’ PILOT PROGRAM ON RECRUITING Pub. L. 117–263, div. A, title V, § 531(b), Dec. 23, 2022, 136 Stat. 2575, provided that: ‘‘(1) AUTHORITY.—The Secretary of Defense may con- duct a pilot program (such a program shall be referred to as a ‘Military Recruiting Modernization Program’) to evaluate the feasibility and effectiveness of col- lecting and using PRI with modern technologies to allow the Secretary to more effectively and efficiently use recruiting resources. ‘‘(2) TREATMENT OF PROSPECTIVE RECRUIT INFORMA- TION.—PRI collected under a pilot program under this subsection— ‘‘(A) may be used by the Armed Forces and entities into which the Secretary has entered into an agree- ment regarding military recruitment only for pur- poses of military recruitment; ‘‘(B) shall be kept confidential. [sic] ‘‘(C) may not be maintained more than three years after collection; and [sic] ‘‘(3) OPT-OUT.—A pilot program under this subsection may allow a prospective recruit to opt-out of the col- lection of PRI regarding such prospective recruit. ‘‘(4) TERMINATION.—Any such pilot program shall ter- minate three years after implementation. ‘‘(5) INTERIM BRIEFING.—Not later than 90 days after the implementing a pilot program under this sub- section, the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Rep- resentatives a briefing on the pilot program. Such briefing shall include the following: ‘‘(A) The definition, prescribed by the Secretary, of PRI. ‘‘(B) How the Secretary intends to handle privacy concerns related to the collection of PRI. ‘‘(C) Legal concerns over the collection, use, and maintenance of PRI. ‘‘(6) FINAL REPORT.—Not later than 120 days after the completion of a pilot program under this subsection, the Under Secretary of Defense for Personnel and Read- iness shall submit to the Committees on Armed Serv- ices of the Senate and the House of Representatives a report on the pilot program. Such report shall include the following: ‘‘(A) A summary of whether and how the pilot pro- gram modernized recruiting efforts. ‘‘(B) A description of any efficiencies identified under the pilot program. ‘‘(C) Any violations of privacy laws arising from the pilot program. ‘‘(D) Legislative recommendations of the Under Secretary arising from this pilot program. ‘‘(7) DEFINITIONS.—In this section: ‘‘(A) The term ‘PRI’ means information, prescribed by the Secretary of Defense, regarding a prospective recruit. ‘‘(B) The term ‘prospective recruit’ means an indi- vidual who is eligible to join the Armed Forces and is— ‘‘(i) 17 years of age or older; or ‘‘(ii) in the eleventh grade (or its equivalent) or higher.’’ ARMED SERVICES VOCATIONAL APTITUDE BATTERY TEST SPECIAL PURPOSE ADJUNCT TO ADDRESS COMPUTA- TIONAL THINKING Pub. L. 116–283, div. A, title V, § 594, Jan. 1, 2021, 134 Stat. 3666, as amended by Pub. L. 117–81, div. A, title V, § 581, Dec. 27, 2021, 135 Stat. 1755, provided that: ‘‘Not later than October 1, 2024, the Secretary of Defense shall establish a special purpose test adjunct to the Armed Services Vocational Aptitude Battery test to address computational thinking skills relevant to mili- tary applications, including problem decomposition, abstraction, pattern recognition, analytical ability, the identification of variables involved in data representa- tion, and the ability to create algorithms and solution expressions.’’ PROGRAMS ON DIRECT COMMISSIONS TO CYBER POSITIONS Pub. L. 114–328, div. A, title V, § 509, Dec. 23, 2016, 130 Stat. 2109, as amended by Pub. L. 116–283, div. A, title V, § 509A, Jan. 1, 2021, 134 Stat. 3586, provided that: ‘‘(a) PROGRAMS AUTHORIZED.—Each Secretary of a military department may carry out a program to im- prove the ability of an Armed Force under the jurisdic- tion of the Secretary to recruit cyber professionals. ‘‘(b) ELEMENTS.—Under a program established under this section, an individual who meets educational, physical, and other requirements determined appro- priate by the Secretary of the military department concerned may receive an original appointment as a commissioned officer in a cyber specialty. ‘‘(c) CONSULTATION.—In developing a program for the Army or the Air Force under this section, the Sec- retary of the Army and the Secretary of the Air Force may consult with the Secretary of the Navy with re- spect to an existing, similar program carried out by the Secretary of the Navy.’’ TEMPORARY AUTHORITY TO DEVELOP AND PROVIDE ADDITIONAL RECRUITMENT INCENTIVES Pub. L. 114–92, div. A, title V, § 522, Nov. 25, 2015, 129 Stat. 811, as amended by Pub. L. 117–263, div. A, title V, § 532, Dec. 23, 2022, 136 Stat. 2576, provided that: ‘‘(a) ADDITIONAL RECRUITMENT INCENTIVES AUTHOR- IZED.—The Secretary of a military department may de- velop and provide incentives, not otherwise authorized by law, to encourage individuals to accept an appoint- ment as a commissioned officer, to accept an appoint- ment as a warrant officer, or to enlist in an Armed Force under the jurisdiction of the Secretary. ‘‘(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 recruitment 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 provi- sion, relating to methods of providing incentives to individuals to accept appointments or enlistments in the Armed Forces, including the provision of group or individual bonuses, pay, or other incentives. ‘‘(c) NOTICE AND WAIT REQUIREMENT.—The Secretary of a military department may not provide a recruit- ment incentive developed under subsection (a) until— ‘‘(1) the Secretary submits to the congressional de- fense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan regarding provision of the re- cruitment incentive, which 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 incen- tive 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) a description of the method to be used to evaluate the effectiveness of the incentive; and ‘‘(2) the expiration of the 30-day period beginning on the date on which the plan was received by Con- gress. Page 526 TITLE 10—ARMED FORCES § 503 ‘‘(d) LIMITATION ON NUMBER OF INCENTIVES.—The Sec- retary of a military department may not provide more than three recruitment incentives under the authority of this section. ‘‘(e) LIMITATION ON NUMBER OF INDIVIDUALS RECEIVING INCENTIVES.—The number of individuals who receive one or more of the recruitment incentives provided under subsection (a) by the Secretary of a military de- partment during a fiscal year for an Armed Force under the jurisdiction of the Secretary may not exceed 20 per- cent of the accession objective of that Armed Force for that fiscal year. ‘‘(f) DURATION OF DEVELOPED INCENTIVE.—A recruit- ment incentive developed under subsection (a) may be provided for not longer than a three-year period begin- ning on the date on which the incentive is first pro- vided, except that the Secretary of the military depart- ment concerned may extend the period if the Secretary determines that additional time is needed to fully evaluate the effectiveness of the incentive. ‘‘(g) REPORTING REQUIREMENTS.—If the Secretary of a military department provides an recruitment incentive under subsection (a) for a fiscal year, the Secretary shall submit to the congressional defense committees a report, not later than 60 days after the end of the fiscal year, containing— ‘‘(1) a description of each incentive provided under subsection (a) during that fiscal year; and ‘‘(2) an assessment of the impact of the incentives on the recruitment of individuals for an Armed Force under the jurisdiction of the Secretary. ‘‘(h) TERMINATION OF AUTHORITY TO PROVIDE INCEN- TIVES.—Notwithstanding subsection (f), the authority to provide recruitment incentives under this section expires on December 31, 2025.’’ [For termination, effective Dec. 30, 2021, of reporting requirements in section 522(g) of Pub. L. 114–92, set out above, see section 1702(a), (b), of Pub. L. 116–92, set out as a Termination of Reporting Requirements note under section 111 of this title.] POLICY ON MILITARY RECRUITMENT AND ENLISTMENT OF GRADUATES OF SECONDARY SCHOOLS Pub. L. 113–66, div. A, title V, § 573, Dec. 26, 2013, 127 Stat. 772, as amended by Pub. L. 114–95, title IX, § 9215(eee), Dec. 10, 2015, 129 Stat. 2186, provided that: ‘‘(a) CONDITIONS ON USE OF TEST, ASSESSMENT, OR SCREENING TOOLS.—In the case of any test, assessment, or screening tool utilized under the policy on recruit- ment and enlistment required by subsection (b) of sec- tion 532 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1403; 10 U.S.C. 503 note) for the purpose of identifying persons for recruitment and enlistment in the Armed Forces, the Secretary of Defense shall— ‘‘(1) implement a means for ensuring that graduates of a secondary school (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7801]), including all persons described in sub- section (a)(2) of section 532 of the National Defense Authorization Act for Fiscal Year 2012, are required to meet the same standard on the test, assessment, or screening tool; and ‘‘(2) use uniform testing requirements and grading standards. ‘‘(b) RULE OF CONSTRUCTION.—Nothing in section 532(b) of the National Defense Authorization Act for Fiscal Year 2012 or this section shall be construed to permit the Secretary of Defense or the Secretary of a military department to create or use a different grad- ing standard on any test, assessment, or screening tool utilized for the purpose of identifying graduates of a secondary school (as defined in section 8101 of the Ele- mentary and Secondary Education Act of 1965 [20 U.S.C. 7801]), including all persons described in sub- section (a)(2) of section 532 of the National Defense Au- thorization Act for Fiscal Year 2012, for recruitment and enlistment in the Armed Forces.’’ Pub. L. 112–81, div. A, title V, § 532, Dec. 31, 2011, 125 Stat. 1403, as amended by Pub. L. 114–95, title IX, § 9215(ddd), Dec. 10, 2015, 129 Stat. 2185, provided that: ‘‘(a) EQUAL TREATMENT FOR SECONDARY SCHOOL GRAD- UATES.— ‘‘(1) EQUAL TREATMENT.—For the purposes of re- cruitment and enlistment in the Armed Forces, the Secretary of a military department shall treat a graduate described in paragraph (2) in the same man- ner as a graduate of a secondary school (as defined in section 8101 of the Elementary and Secondary Edu- cation Act of 1965 [20 U.S.C. 7801]). ‘‘(2) COVERED GRADUATES.—Paragraph (1) applies with respect to [a] person who— ‘‘(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 sub- section (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 per- sonality assessment, or other operational attrition screening tool to predict performance, behaviors, and attitudes of potential recruits that influence attri- tion and the ability to adapt to a regimented life in the Armed Forces. ‘‘(2) Means for assessing how qualified persons ful- fill 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 re- quired by subsection (b), the Secretary of each of the military departments shall develop a recruitment plan that includes a marketing strategy for targeting var- ious 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 communica- tion 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 en- listment 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 school- ing for purposes of recruitment and enlistment in the Armed Forces that is in accordance with the require- ments described in subsection (c). ‘‘(2) A communication plan to ensure that the pol- icy described in subsection (c) is understood by re- cruiting 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 enlist- ment 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 cod- ing requirements. Page 527 TITLE 10—ARMED FORCES § 503 ‘‘(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: ‘‘(a) AUTHORITY TO DEVELOP AND PROVIDE RECRUIT- MENT INCENTIVES.—The Secretary of the Army may de- velop 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 provi- sion, relating to methods of— ‘‘(A) determining requirements for, and the com- pensation of, members of the Army who are as- signed 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 pro- vision 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 incen- tive developed under subsection (a) without the ap- proval 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 Con- gress, the appropriate elements of the Department of Defense, and the Comptroller General a plan that in- cludes— ‘‘(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 incen- tive 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 effec- tiveness 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 ex- ceed 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 recruit- ment incentive developed under subsection (a) may be provided for not longer than a three-year period begin- ning on the date on which the incentive is first pro- vided, except that the Secretary of the Army may ex- tend the period if the Secretary determines that addi- tional time is needed to fully evaluate the effectiveness of the incentive. ‘‘(h) REPORTING REQUIREMENTS.— ‘‘(1) SECRETARY OF THE ARMY REPORT.—The Sec- retary of the Army shall submit to Congress an an- nual report on the recruitment incentives provided under subsection (a) during the preceding year, in- cluding— ‘‘(A) a description of the incentives provided under subsection (a) during that fiscal year; and ‘‘(B) an assessment of the impact of the incen- tives on the recruitment of individuals as officers or enlisted members. ‘‘(2) COMPTROLLER GENERAL REPORT.—As soon as practicable after receipt of each plan under sub- section (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. ‘‘(i) DURATION OF AUTHORITY.— ‘‘(1) IN GENERAL.—The Secretary may not develop an incentive under this section, or first provide an in- centive developed under this section to an individual, after December 31, 2012. ‘‘(2) CONTINUATION OF INCENTIVES.—Nothing in para- graph (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 pro- vided the individual under this section before that date.’’ ENHANCED SCREENING METHODS AND PROCESS IMPROVE- MENTS FOR RECRUITMENT OF HOME SCHOOLED AND NATIONAL GUARD CHALLENGE PROGRAM GED RECIPI- ENTS 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 IM- PROVEMENTS.—(1) The Secretary of the Army shall carry out an initiative— ‘‘(A) to develop screening methods and process im- provements for recruiting specified GED recipients so as to achieve attrition patterns, among the GED re- cipients so recruited, that match attrition patterns for Army recruits who are high school diploma grad- uates; 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 devel- oped under subsection (a)(1) are put into effect under subsection (a)(2), the Secretary of Defense shall review the proposed screening methods and process improve- ments. Based on such review, the Secretary of Defense either shall approve the use of such screening methods and process improvements for testing (with such modi- fications as the Secretary may direct) or shall dis- approve the use of such methods and process improve- ments on a test basis. ‘‘(c) SECRETARY OF DEFENSE DECISION.—If the Sec- retary of Defense determines under subsection (b) that the screening methods and process improvements de- veloped 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 re- sults of the test program, determine whether the new screening methods and process improvements devel- oped 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 deter- mines 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 there- after, notify the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives of such determination, to- gether with the reasons of the Secretary for such deter- mination. ‘‘(2) If the Secretary of Defense determines under sub- section (b) that the screening methods and process im- Page 528 TITLE 10—ARMED FORCES § 503 provements 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 ter- mination 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- fense under subsection (c). If that determination is that the methods and processes tested should not be ex- tended 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 ad- vertising programs of the military departments and improve the ability of the military departments to at- tract and recruit qualified individuals to serve in the Armed Forces. ‘‘(b) FUNDING.—Of the amount authorized to be appro- priated 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 adver- tising, 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 pro- visions 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, pro- vided 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 fol- lowing purposes: ‘‘(1) To assess the effectiveness of the recruiting ap- proaches for creating enhanced opportunities for re- cruiters to make direct, personal contact with poten- tial recruits. ‘‘(2) To improve the overall effectiveness and effi- ciency 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 opportuni- ties for Army recruiters to make direct, personal con- tact with high school students to achieve the following objectives: ‘‘(A) To increase enlistments by students grad- uating from high school. ‘‘(B) To reduce attrition in the Delayed Entry Pro- gram of the Army by sustaining the personal com- mitment 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 per- sonnel— ‘‘(i) to organize Army sponsored career day events in association with national motor sports competi- tions; 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 at- tend national motor sports competitions— ‘‘(i) to display exhibits depicting the contem- porary Army and career opportunities in the Army; and ‘‘(ii) to discuss those opportunities with potential recruits. ‘‘(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 com- petitions 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 poten- tial recruits through activities under the pilot pro- gram. ‘‘(F) Any other activities associated with motor sports competition that the Secretary determines ap- propriate for Army recruitment purposes. ‘‘(c) OUTREACH AT VOCATIONAL SCHOOLS AND COMMU- NITY COLLEGES.—(1) One of the pilot programs shall be a pilot program under which Army recruiters are as- signed, as their primary responsibility, at postsec- ondary 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 with- drawing from enrollments in those institutions and col- leges. ‘‘(2) The Secretary of the Army shall select the insti- tutions and colleges to be invited to participate in the pilot program. ‘‘(3) The conduct of the pilot program at an institu- tion 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 pro- vide for the following: ‘‘(A) For Army recruiters to be placed in postsec- ondary vocational institutions and community col- leges 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 commu- nity colleges. ‘‘(D) For any other activities that the Secretary de- termines appropriate for recruitment activities in postsecondary vocational institutions and commu- nity colleges. ‘‘(5) In this subsection, the term ‘postsecondary voca- tional 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 pro- vide 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. Page 529 TITLE 10—ARMED FORCES § 503 ‘‘(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 sol- diers 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 deter- mines appropriate. ‘‘(e) DURATION OF PILOT PROGRAMS.—The pilot pro- grams required by this section shall be carried out dur- 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 PRO- GRAMS.—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 Rep- resentatives a written notification of the expansion of the pilot program (together with the scope of the ex- pansion) or the continuation of the pilot program (to- gether 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 Rep- resentatives a separate report on each of the pilot pro- grams 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 pro- gram for increasing the effectiveness and efficiency of Army recruiting. ‘‘(2) Any recommendations for legislation or other action that the Secretary considers appropriate to in- crease the effectiveness and efficiency of Army re- cruiting.’’ PILOT PROGRAM TO ENHANCE MILITARY RECRUITING BY IMPROVING MILITARY AWARENESS OF SCHOOL COUN- SELORS 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, di- rected 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 under- standing of school counselors and educators about mili- tary 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 attri- tion 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 sepa- rations, and (B) prescribing regulations to ensure that those waivers and codes are interpreted in a uni- form 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-spe- cific measures (or both) to control and manage such attrition. ‘‘(3) Require that the Secretary of each military de- partment (A) adopt or strengthen incentives for re- cruiters to thoroughly prescreen potential candidates for recruitment, and (B) link incentives for recruit- ers, in part, to the ability of a recruiter to screen out unqualified candidates before enlistment. ‘‘(4) Require that the Secretary of each military de- partment include as a measurement of recruiter per- formance the percentage of persons enlisted by a re- cruiter 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 depart- ment to implement policies and procedures (A) to en- sure the prompt separation of recruits who are unable to successfully complete basic training, and (B) to re- move those recruits from the training environment while separation proceedings are pending. ‘‘(c) REPORT.—Not later than March 31, 1998, the Sec- retary 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 chang- ing, revising, or limiting the use of waivers referred to in that subsection. ‘‘SEC. 532. IMPROVEMENTS IN MEDICAL PRESCREENING OF APPLICANTS FOR MILI- TARY SERVICE. ‘‘(a) IN GENERAL.—The Secretary of Defense shall im- prove the medical prescreening of applicants for en- trance 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 med- ical prescreening of applicants that are used by re- cruiters and by Military Entrance Processing Com- mands be revised so as to ensure that medical ques- tions are specific, unambiguous, and tied directly to the types of medical separations most common for re- cruits during basic training and follow-on training. ‘‘(3) Add medical screening tests to the examina- tions 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 attri- tion at basic training. ‘‘(4) Provide for an annual quality control assess- ment of the effectiveness of the Military Entrance Processing Commands in identifying medical condi- tions 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 depart- ment to implement programs under which new re- cruits who are in the Delayed Entry Program are en- Page 530 TITLE 10—ARMED FORCES § 504 couraged 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 in- clude access to Department of Defense military fit- ness facilities, and access to military medical facili- ties in the case of a recruit who is injured while par- ticipating in physical activities with recruiters or other military personnel. ‘‘(3) Evaluate whether partnerships between re- cruiters and reserve components, or other innovative arrangements, could provide a pool of qualified per- sonnel to assist in the conduct of physical training programs for new recruits in the Delayed Entry Pro- gram.’’ DENIAL OF FUNDS FOR PREVENTING ROTC ACCESS TO CAMPUS OR FEDERAL MILITARY RECRUITING ON CAM- PUS; 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 Depart- ments of Labor, Health and Human Services, and Edu- cation, 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 en- tity had a policy or practice that prohibited or pre- vented 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 Sen- ior Reserve Officer Training Corps at another institu- tion 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 re- cruiting to student names, addresses, and telephone listings and, if known, student ages, levels of edu- cation, and majors, was repealed and restated in sec- tion 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 edu- cation that had a policy of denying or preventing the Secretary of Defense or the Secretary of Transpor- tation 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 Pub. L. 97–252, title XI, § 1114(a), Sept. 8, 1982, 96 Stat. 748, provided that: ‘‘The Congress finds that in order for Congress to carry out effectively its constitutional au- thority to raise and support armies, it is essential— ‘‘(1) that the Secretary of Defense obtain and com- pile directory information pertaining to students en- rolled 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 in- formation is obtained and compiled for a limited pe- riod 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 co- operate with the Armed Forces by allowing recruit- ing 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- 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 author- ize exceptions, in meritorious cases, for the en- listment 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 de- fined 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 be- tween the Federated States of Micronesia and the United States (section 201(a) of Pub- lic Law 108–188 (117 Stat. 2784; 48 U.S.C. 1921 note)). (ii) The Compact of Free Association be- tween the Republic of the Marshall Islands and the United States (section 201(b) of Pub- lic Law 108–188 (117 Stat. 2823; 48 U.S.C. 1921 note)). (iii) The Compact of Free Association be- tween 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), and subject to paragraph (3), the Secretary concerned may authorize the enlistment of a person not de- scribed in paragraph (1) if the Secretary deter- mines that such person possesses a critical skill or expertise— (A) that is vital to the national interest; and (B) that the person will use in the primary daily duties of that person as a member of the armed forces. (3)(A) No person who enlists under paragraph (2) may report to initial training until after the Secretary concerned has completed all required background investigations and security and suitability screening as determined by the Sec- retary of Defense regarding that person. (B) A Secretary concerned may not authorize more than 1,000 enlistments under paragraph (2) per military department in a calendar year until after— (i) the Secretary of Defense submits to Con- gress written notice of the intent of that Sec- retary concerned to authorize more than 1,000 such enlistments in a calendar year; and