Federal · Title 10 — Armed Forces

10 U.S.C. § 504: Persons not qualified

Civil

What this law says, in plain English

This statute establishes eligibility requirements for military enlistment, disqualifying persons who are insane, intoxicated, deserters, or convicted felons, though the Secretary may authorize exceptions in meritorious cases.

Read the full statutory text
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. 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) ). 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) ). 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)). 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)). 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)). that is vital to the national interest; and that the person will use in the primary daily duties of that person as a member of the armed forces. 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 Secretary of Defense regarding that person. the Secretary of Defense submits to Congress written notice of the intent of that Secretary concerned to authorize more than 1,000 such enlistments in a calendar year; and a period of 30 days has elapsed after the date on which Congress receives the notice. The Secretary of Defense shall carry out a program to provide to an individual described in paragraph (2) information about opportunities to work in areas of national interest to the United States. An individual described in this paragraph is an individual who seeks to originally enlist in an armed force but is denied enlistment. identify job opportunities in the defense industrial base, cybersecurity or intelligence support, research and development in defense technologies, national emergency and disaster preparedness, or any other non-military field the Secretary considers in the national interests of the United States; provide available information about training or certification programs to obtain the skills necessary for such a job; and seek to enter into agreements with entities in the fields described in subparagraph (A). The number of individuals described in paragraph (2) provided information described in paragraph (3)(A). The number of individuals described in paragraph (2) provided information described in paragraph (3)(B). The number of agreements described in paragraph (3)(C) into which the Secretary entered. Not later than 180 days after the date of the enactment of this Act [ Dec. 23, 2024 ], the Secretary of Defense shall prescribe regulations directing the Secretary of a military department to provide, to a person described in subsection (b), information regarding opportunities for Federal, or other public, service for which the person may be qualified. A person described in this subsection is a person ineligible to serve in a covered Armed Force. In this section, the term ‘covered Armed Force’ means the Army, Navy, Marine Corps, Air Force, or Space Force.”

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