§520 Limitation on enlistment and induction of persons whose score on the Armed Forces Qualification Test is below a prescribed level

2024—Subsec. (a)(2). Pub. L. 118–159 substituted “armed force” for “armed forced”. 2023—Subsec. (a). Pub. L. 118–31 designated existing provisions as par. (1), substituted “may not exceed 4 percent” for “may not exceed 20 percent”, and added par. (2). 1988—Subsec. (b). Pub. L. 100–370 inserted before period at end “; however, a person may not be denied enlistment in the armed forces solely because of his not having a high school diploma if his enlistment is needed to meet established strength requirements”. 1983—Subsec. (a). Pub. L. 98–94 struck out provisions under which, for fiscal years beginning on

October 1, 1980, and

October 1, 1981, the total number of persons originally enlisted or inducted to serve on active duty (other than active duty for training) in the armed forces during such fiscal years whose score on the Armed Forces Qualification Test was at or above the tenth percentile and below the thirty-first percentile could not exceed 25 percent of the number of such persons enlisted or inducted into the armed forces during such fiscal years, and, in the provisions remaining applicable to fiscal years beginning after Sept. 30, 1982, substituted “20 percent of the total number of persons originally enlisted or inducted to serve on active duty (other than active duty for training) in such armed force” for “20 percent of the number of such persons enlisted or inducted into such armed force”. 1981—Pub. L. 97–86 designated existing provisions as subsec. (a) and added subsec. (b). 1980—Pub. L. 96–579 struck out subsec. (a) designation and subsec. (b) authorizing the Secretary of Defense for national security reasons to waive the enlistment and induction limitation based on percentile limits conditioned upon notification of the Congress and a concurrent resolution of approval.

prescribed by the Secretary concerned. “(4) Effect of course graduation.—The Secretary concerned may exclude from the population to be considered for purposes of determining the percentage limitations imposed by section 520(a) of title 10, United States Code, any enlisted person who has graduated from a future servicemember preparatory course established pursuant to this section with a score on the Armed Forces Qualification Test that is at or above the thirty-first percentile, provided that—“(A) the Armed Forces Qualifications Test score that is at or above the thirty-first percentile is obtained within the same fiscal year in which the individual was originally enlisted to serve on active duty; and “(B) such score is obtained during the period the individual was originally enlisted to serve on active duty, as determined by the Secretary concerned. “(d) Report.—If a preparatory course under this section is established by the Secretary concerned, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the structure and results of the course for the preceding fiscal year by December 1st of the subsequent fiscal year. The report shall include the following elements:“(1) The percentage of nonprior service enlisted persons who scored below the thirty-first percentile on the Armed Forces Qualification Test upon original enlistment. “(2) The percentage of nonprior service enlisted persons who scored below the thirty-first percentile on the Armed Forces Qualification Test following graduation from the preparatory course or subsequent reclassification, as applicable. “(3) The number of individuals who attended the preparatory course. “(4) The number of individuals who graduated the preparatory course. “(5) The average improvement in the Armed Forces Qualification Test score for individuals who graduated from the preparatory course. “(6) The determination of the Secretary regarding the effectiveness of the preparatory course. “(7) Recommendations of the Secretary regarding—“(A) how to improve the preparatory course; “(B) whether to expand the preparatory course. “(8) Any other matter the Secretary determines relevant. “(e) Sunset.—The requirements of this section shall expire on September 30th, 2028.” Pilot Program for Treating GED and Home School Diploma Recipients as High School Graduates for Determinations of Eligibility for Enlistment in Armed Forces Pub. L. 105–261, div. A, title V, § 571, Oct. 17, 1998, 112 Stat. 2033, as amended by Pub. L. 106–65, div. A, title X, § 1067(3), Oct. 5, 1999, 113 Stat. 774, directed the Secretary of Defense to establish a pilot program during the period Oct. 1, 1998, to Sept. 30, 2003, to assess whether the Armed Forces could better meet recruiting requirements by treating GED recipients and home school diploma recipients as having graduated from high school with a high school diploma for the purpose of determining eligibility of those persons to enlist in the Armed Forces, and to submit to committees of Congress a report on the program not later than Feb. 1, 2004. Maximum Number of Army Enlistees and Inductees Who Are Not High School Graduates Pub. L. 96–342, title III, § 302(a), Sept. 8, 1980, 94 Stat. 1082, as amended by Pub. L. 97–86, title IV, § 402(a), Dec. 1, 1981, 95 Stat. 1104; Pub. L. 97–252, title IV, § 403, Sept. 8, 1982, 96 Stat. 725; Pub. L. 98–94, title IV, § 402, Sept. 24, 1983, 97 Stat. 629; Pub. L. 98–525, title IV, § 402, Oct. 19, 1984, 98 Stat. 2516; Pub. L. 99–145, title IV, § 402, Nov. 8, 1985, 99 Stat. 618, provided that the number of male individuals enlisted or inducted into the Army during the fiscal year beginning on Oct. 1, 1985, who were not high school graduates could not exceed, as of Sept. 30, 1986, 35 percent of all male individuals enlisted or inducted into the Army during such fiscal year. Denial of Enlistment for Lack of High School Diploma Prohibited Pub. L. 93–307, title IV, § 401,

June 8, 1974, 88 Stat. 234, as amended by Pub. L. 93–365, title VII, § 705, Aug. 5, 1974, 88 Stat. 406, which provided that no volunteer for enlistment into the Armed Forces shall be denied enlistment solely because of his not having a high school diploma when his enlistment is needed to meet established strength requirements, was repealed and restated in section 520(b) and 3262 of this title by Pub. L. 100–370, § 1(a),

July 19, 1988, 102 Stat. 840.