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10 U.S.C. § 503 — Enlistments: recruiting campaigns; compilation of directory information

submitted 58 years ago by Pub. L. 90-235 to r/title-10-ARMED-FORCES · 1,352 words · no verdicts yet

in plain englishAI-generated · not legal advice

The military must run active recruiting campaigns and collect data on prospective recruits. The Department of Defense may also collect student directory information from secondary schools for recruiting. Schools that receive federal funds must give recruiters equal access, though families may opt out.

(a) Recruiting Campaigns

Each service secretary must run intensive recruiting campaigns. The goal is to get people to enlist in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, Regular Coast Guard, and the Space Force.

The Secretary of Defense must keep working to make recruiting more effective. This includes advertising and market research aimed at possible recruits and the people who influence them, like parents and teachers. This can include recruiting programs run jointly by the armed forces or run by each branch on its own. A law that normally limits government advertising — Subchapter I of chapter 35 of title 44 — does not apply to this recruiting advertising.

If the military collects personally identifiable information ("PII") about a prospective recruit, it must keep that information confidential. Anyone who has access to that PII may not share it, except to use it for recruiting purposes allowed under this law or another law.

While running a recruiting campaign, the Secretary concerned must tell prospective recruits about the armed force's data collection policies. The Secretary must also let the prospective recruit choose not to take part in that data collection.

(b) Compilation of Directory Information

The Secretary of Defense may collect and put together "directory information" about students. This applies to students who are 17 or older, or in eleventh grade or higher, and who attend a secondary school in the United States or its territories, including Puerto Rico.

The Secretary may share this directory information with the armed forces for military recruiting. It cannot be shared or used for any other purpose.

The military cannot keep a person's directory information for more than three years after it was first collected.

This directory information must stay confidential. Anyone with access to it may not share it, except for the recruiting purpose described above.

The Secretary of Defense must write regulations to carry out this part. Those regulations must be given to the Senate and House Armed Services Committees. Regulations written by the individual service secretaries must be as uniform as possible across the services.

Nothing in this part forces, or lets the Secretary of Defense force, a school to hand over directory information.

(c) Access to Secondary Schools

Any local school district that gets money under the Elementary and Secondary Education Act of 1965 must let military recruiters onto its secondary school campuses to recruit students who are at least 17. That access must be at least as good as the access given to a private employer, a college, or another kind of recruiter.

If a recruiter asks, the district must also provide at least one in-person recruiting event, like a career fair, each school year.

If a recruiter asks, the district must — within 30 days — hand over students' names, addresses, school-provided emails, and phone and mobile numbers. This must happen even though another federal privacy law (section 444 of the General Education Provisions Act, 20 U.S.C. 1232g) might otherwise block it.

But a school cannot release a student's name, address, email, or phone number this way if the student or a parent has already asked the school not to release it without written parental permission. If that request has been made, the school needs written parental consent first. Schools must tell parents about this right to opt out.

If a school district denies a recruiter's request for access, here is what happens next:

First, the Secretary of Defense, working with the relevant service secretary, must assign a colonel (or, for the Navy, a captain) or a senior civilian executive to meet in person with the school district, at the district's own office, to try to work out access. That meeting should happen within 120 days of the denial.

Second, if the district still denies access after that meeting — or after 120 days pass and the district refused to meet — the Secretary of Defense must tell the governor of that state about the denial and ask for help getting access. This notice must go out within 60 days of the Secretary's decision. The Secretary must copy the Secretary of Education on this notice and on other related communications with the governor.

Third, if the district still denies access one full year after that governor notice, the Secretary must check whether the district is denying access to at least two of the armed forces (not counting the Coast Guard when it isn't part of the Navy). If so, the Secretary must notify Congress — specifically the House and Senate Armed Services Committees, the Senate committee handling health and education, the House education committee, both senators from that state, and the House member for that district.

These access rules do not apply to a private secondary school with a genuine religious objection to military service, if that objection can be proven through the school's own official documents.

The Secretary of Defense must send Congress a report by February 1 each year listing every access-denial notice sent out that year.

Finally, the section defines several terms: a "local educational agency" means a public school district as defined elsewhere in federal education law, or a private secondary school. "Recruiting access" means the access described above. "Senior executive" has the meaning given in a specific civil-service law (5 U.S.C. § 3132(a)(3)). "State" includes not just the 50 states but also Washington, D.C., Puerto Rico, the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Federated States of Micronesia, the Marshall Islands, and Palau. The "specified congressional committees" are the Senate and House Armed Services Committees plus the Senate health/education committee and the House education committee. "Member of the House of Representatives" also includes a non-voting Delegate or the Resident Commissioner from Puerto Rico.

the actual law source: uscode.house.gov ↗public domain
(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 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 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.

(3)

PII regarding a prospective recruit collected or compiled under this subsection shall be kept confidential, and a person who has had access to such PII may not disclose the information 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 collection 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.

(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.

(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 a military recruiter, for the purpose of recruiting students who are at least 17 years old, access—

(I)

to the campus of a secondary school under the jurisdiction of such local educational agency; and

(II)

that is equivalent to access provided to such campus to a prospective employer of such students, an institution of higher education, or another recruiter;

(ii)

shall, upon the request of a military recruiter for the purpose described in clause (i), provide access to at least one in-person recruitment event (such as a career fair) per academic year; and

(iii)

shall, upon the request of a military recruiter for the purpose described in clause (i), provide, not later than 30 days after receiving such request, access to secondary school student names, addresses, electronic mail addresses (which shall be the electronic mail addresses provided by the school, if available), and telephone and mobile phone listings, notwithstanding subsection (a)(5) of section 444 of the General Education Provisions Act (20 U.S.C. 1232g).

(B)

A local educational agency may not release a student’s name, address, electronic mail address, and telephone listing under subparagraph (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 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 period, 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)

The Secretary of Defense shall submit an annual report to Congress not later than February 1 each calendar year, detailing each notification 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.

(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.

Source credit: (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; Pub. L. 119–60, div. A, title V, § 531, Dec. 18, 2025, 139 Stat. 868.)

history & why it existsrecord from the source credit
  • 1968Enacted · Pub. L. 90-235 · 81 Stat. 754
  • 1982Amended · Pub. L. 97-252 · 96 Stat. 749
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 502
  • 1999Amended · Pub. L. 106-65 · 113 Stat. 622, 774
  • 2000Amended · Pub. L. 106-398 · 114 Stat. 1654, 1654
  • 2001Amended · Pub. L. 107-107 · 115 Stat. 1112, 1222
  • 2003Amended · Pub. L. 108-136 · 117 Stat. 1478
  • 2004Amended · Pub. L. 108-375 · 118 Stat. 2061
  • 2015Amended · Pub. L. 114-95 · 129 Stat. 2190
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 3597
  • 2022Amended · Pub. L. 117-263 · 136 Stat. 2574
  • 2023Amended · Pub. L. 118-31 · 137 Stat. 264, 655
  • 2025Amended · Pub. L. 119-60 · 139 Stat. 868

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-235 on 1968-01-02.

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