§503. Enlistments: recruiting campaigns; compilation of directory information
(a)
(2) The Secretary of Defense shall act on a continuing basis to enhance the effectiveness of recruitment programs of the Department of Defense (including programs conducted jointly and programs conducted by the separate armed forces) through an aggressive program of advertising and market research targeted at prospective recruits for the armed forces and those who may influence prospective recruits. Subchapter I of chapter 35 of title 44 shall not apply to actions taken as part of that program.
(b)
(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) Each local educational agency is requested to provide to the Department of Defense, upon a request made for military recruiting purposes, the same access to secondary school students, and to directory information concerning such students, as is provided generally to post-secondary educational institutions or to prospective employers of those students.
(d)
(Added
Amendment of Subsection (c)
(c) ACCESS TO SECONDARY SCHOOLS.-(1) Each local educational agency shall (except as provided under paragraph (5)) provide to the Department of Defense, upon a request made for military recruiting purposes, the same access to secondary school students, and to directory information concerning such students, as is provided generally to post-secondary educational institutions or to prospective employers of those students.
(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) a local educational agency with respect to access to secondary school students or access to directory information concerning such students for any period during which there is in effect a policy of that agency, established by majority vote of the governing body of the agency, to deny recruiting access to those students or to that directory information, respectively; or
(B) a private secondary school which maintains a religious objection to service in the armed forces and which objection is verifiable through the corporate or other organizational documents or materials of that school.
(6) In this subsection:
(A) The term "local educational agency" means-
(i) a local educational agency, within the meaning of that term in section 14101(18) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801(18)); 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.
Amendments
2000-Subsec. (a).
Subsec. (b).
Subsec. (b)(7).
Subsec. (d).
1999-Subsec. (b)(5).
Subsec. (c).
1996-Subsec. (b)(5).
1982-
Subsec. (a).
Subsec. (b).
Effective Date of 2000 Amendment
Army Recruiting Pilot Programs
"(a)
"(1) To assess the effectiveness of the recruiting approaches for creating enhanced opportunities for recruiters to make direct, personal contact with potential recruits.
"(2) To improve the overall effectiveness and efficiency of Army recruiting activities.
"(b)
"(2) The events and activities undertaken under the pilot program shall be designed to provide opportunities for Army recruiters to make direct, personal contact with high school students to achieve the following objectives:
"(A) To increase enlistments by students graduating from high school.
"(B) To reduce attrition in the Delayed Entry Program of the Army by sustaining the personal commitment of students who have elected delayed entry into the Army under the program.
"(3) Under the pilot program, the Secretary of the Army shall provide for the following:
"(A) For Army recruiters or other Army personnel-
"(i) to organize Army sponsored career day events in association with national motor sports competitions; and
"(ii) to arrange for or encourage attendance at the competitions by high school students, teachers, guidance counselors, and administrators of high schools located near the competitions.
"(B) For Army recruiters and other soldiers to attend national motor sports competitions-
"(i) to display exhibits depicting the contemporary Army and career opportunities in the Army; and
"(ii) to discuss those opportunities with potential recruits.
"(C) For the Army to sponsor a motor sports racing team as part of an integrated program of recruitment and publicity for the Army.
"(D) For the Army to sponsor motor sports competitions for high school students at which recruiters meet with potential recruits.
"(E) For Army recruiters or other Army personnel to compile in an Internet accessible database the names, addresses, telephone numbers, and electronic mail addresses of persons who are identified as potential recruits through activities under the pilot program.
"(F) Any other activities associated with motor sports competition that the Secretary determines appropriate for Army recruitment purposes.
"(c)
"(2) The Secretary of the Army shall select the institutions and colleges to be invited to participate in the pilot program.
"(3) The conduct of the pilot program at an institution or college shall be subject to an agreement which the Secretary shall enter into with the governing body or authorized official of the institution or college, as the case may be.
"(4) Under the pilot program, the Secretary shall provide for the following:
"(A) For Army recruiters to be placed in postsecondary vocational institutions and community colleges to serve as a resource for guidance counselors and to recruit for the Army.
"(B) For Army recruiters to recruit from among students and graduates described in paragraph (1).
"(C) For the use of telemarketing, direct mail, interactive voice response systems, and Internet website capabilities to assist the recruiters in the postsecondary vocational institutions and community colleges.
"(D) For any other activities that the Secretary determines appropriate for recruitment activities in postsecondary vocational institutions and community colleges.
"(5) In this subsection, the term 'postsecondary vocational institution' has the meaning given the term in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c)).
"(d)
"(2) Under the pilot program, the Secretary shall provide for the following:
"(A) For replacement of the Regular Army recruiters by contract recruiters in the 10 recruiting companies selected under paragraph (1).
"(B) For operation of the 10 companies under the same rules and chain of command as the other Army recruiting companies.
"(C) For use of the offices, facilities, and equipment of the 10 companies by the contract recruiters.
"(D) For reversion to performance of the recruiting activities by Regular Army soldiers in the 10 companies upon termination of the pilot program.
"(E) For any other uses of contractor personnel for Army recruiting activities that the Secretary determines appropriate.
"(e)
"(f)
"(g)
"(1) The Secretary's assessment of the value of the actions taken in the administration of the pilot program for increasing the effectiveness and efficiency of Army recruiting.
"(2) Any recommendations for legislation or other action that the Secretary considers appropriate to increase the effectiveness and efficiency of Army recruiting."
Pilot Program To Enhance Military Recruiting by Improving Military Awareness of School Counselors and Educators
"(a)
"(b)
"(2) For purposes of this section, a qualifying interactive Internet site is an Internet site in existence as of the date of the enactment of this Act [Oct. 30, 2000] that is designed to provide to employees of local educational agencies and institutions of higher education participating in the Internet site-
"(A) systems for communicating;
"(B) resources for individual professional development;
"(C) resources to enhance individual on-the-job effectiveness; and
"(D) resources to improve organizational effectiveness.
"(3) Participation in an Internet site by the Department of Defense for purposes of this section shall include-
"(A) funding;
"(B) assistance; and
"(C) access by other Internet site participants to Department of Defense aptitude testing programs, career development information, and other resources, in addition to information on military recruiting and career opportunities.
"(c)
Measures To Improve Recruit Quality and Reduce Recruit Attrition
"SEC. 531. REFORM OF MILITARY RECRUITING SYSTEMS.
"(a)
"(b)
"(1) Improve the system of pre-enlistment waivers and separation codes used for recruits by (A) revising and updating those waivers and codes to allow more accurate and useful data collection about those separations, and (B) prescribing regulations to ensure that those waivers and codes are interpreted in a uniform manner by the military services.
"(2) Develop a reliable database for (A) analyzing (at both the Department of Defense and service-level) data on reasons for attrition of new recruits, and (B) undertaking Department of Defense or service-specific measures (or both) to control and manage such attrition.
"(3) Require that the Secretary of each military department (A) adopt or strengthen incentives for recruiters to thoroughly prescreen potential candidates for recruitment, and (B) link incentives for recruiters, in part, to the ability of a recruiter to screen out unqualified candidates before enlistment.
"(4) Require that the Secretary of each military department include as a measurement of recruiter performance the percentage of persons enlisted by a recruiter who complete initial combat training or basic training.
"(5) Assess trends in the number and use of waivers over the 1991–1997 period that were issued to permit applicants to enlist with medical or other conditions that would otherwise be disqualifying.
"(6) Require the Secretary of each military department to implement policies and procedures (A) to ensure the prompt separation of recruits who are unable to successfully complete basic training, and (B) to remove those recruits from the training environment while separation proceedings are pending.
"(c)
"SEC. 532. IMPROVEMENTS IN MEDICAL PRESCREENING OF APPLICANTS FOR MILITARY SERVICE.
"(a)
"(b)
"(1) Require that each applicant for service in the Army, Navy, Air Force, or Marine Corps (A) provide to the Secretary the name of the applicant's medical insurer and the names of past medical providers, and (B) sign a release allowing the Secretary to request and obtain medical records of the applicant.
"(2) Require that the forms and procedures for medical prescreening of applicants that are used by recruiters and by Military Entrance Processing Commands be revised so as to ensure that medical questions are specific, unambiguous, and tied directly to the types of medical separations most common for recruits during basic training and follow-on training.
"(3) Add medical screening tests to the examinations of recruits carried out by Military Entrance Processing Stations, provide more thorough medical examinations to selected groups of applicants, or both, to the extent that the Secretary determines that to do so could be cost effective in reducing attrition at basic training.
"(4) Provide for an annual quality control assessment of the effectiveness of the Military Entrance Processing Commands in identifying medical conditions in recruits that existed before enlistment in the Armed Forces, each such assessment to be performed by an agency or contractor other than the Military Entrance Processing Commands.
"SEC. 533. IMPROVEMENTS IN PHYSICAL FITNESS OF RECRUITS.
"(a)
"(b)
"(1) Direct the Secretary of each military department to implement programs under which new recruits who are in the Delayed Entry Program are encouraged to participate in physical fitness activities before reporting to basic training.
"(2) Develop a range of incentives for new recruits to participate in physical fitness programs, as well as for those recruits who improve their level of fitness while in the Delayed Entry Program, which may include access to Department of Defense military fitness facilities, and access to military medical facilities in the case of a recruit who is injured while participating in physical activities with recruiters or other military personnel.
"(3) Evaluate whether partnerships between recruiters and reserve components, or other innovative arrangements, could provide a pool of qualified personnel to assist in the conduct of physical training programs for new recruits in the Delayed Entry Program."
Denial of Funds for Preventing ROTC Access to Campus or Federal Military Recruiting on Campus; Exceptions
Military Recruiting on Campus
Military Recruiting Information
Section 1114(a) of
"(1) that the Secretary of Defense obtain and compile directory information pertaining to students enrolled in secondary schools throughout the United States; and
"(2) that such directory information be used only for military recruiting purposes and be retained in the case of each person with respect to whom such information is obtained and compiled for a limited period of time."
Access of Armed Forces Recruiting Personnel to Secondary Educational Institutions; Release of Data
"(1) that secondary educational institutions in the United States, the Commonwealth of Puerto Rico, and the territories of the United States should cooperate with the Armed Forces by allowing recruiting personnel access to such institutions; and
"(2) that it is appropriate for such institutions to release to the Armed Forces information regarding students at such institutions (including such data as names, addresses, and education levels) which is relevant to recruiting individuals for service in the Armed Forces."