(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 authorize exceptions, in meritorious cases, for the enlistment 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 defined 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 between the Federated States of Micronesia and the United States (section 201(a) ofPublic Law 108–188 (117 Stat. 2784; 48 U.S.C. 1921 note)).
(ii)The Compact of Free Association between the Republic of the Marshall Islands and the United States (section 201(b) ofPublic Law 108–188 (117 Stat. 2823; 48 U.S.C. 1921 note)).
(iii)The Compact of Free Association between Palau and the United States (section 201 ofPublic Law 99–658 (100 Stat. 3678; 48 U.S.C. 1931 note)).
(2)Notwithstanding paragraph (1), the Secretary concerned may authorize the enlistment of a person not described in paragraph (1) if the Secretary determines that such enlistment is vital to the national interest.
2006—Pub. L. 109–163designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Prohibition on Waiver for Commissioning or Enlistment in the Armed Forces for any Individual Convicted of a Felony Sexual Offense
Pub. L. 112–239, div. A, title V, § 523,Jan. 2, 2013, 126 Stat. 1723, which provided that an individual may not be provided a waiver for commissioning or enlistment in the Armed Forces if convicted of rape or other sexual offenses, was repealed by Pub. L. 113–66, div. A, title XVII, § 1711(b),Dec. 26, 2013, 127 Stat. 963. See section
657 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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