; and (C) performing authorized duties for the Department of Defense under a program or activity referred to in paragraph (1). (4) The authority under this subsection shall terminate three years after the date of the enactment of this subsection. (5) In this subsection, the term non-medical counseling services means mental health care services that are non-clinical, short-term and solution focused, and address topics related to personal growth, development, and positive functioning. . 533. Primacy of needs of the service in determining individual duty assignments (a) In general Chapter 39 of title 10, United States Code, is amended by inserting after section 674 the following new section: 675. Primacy of needs of the service in determining individual duty assignments (a) In general The Secretaries of the military departments shall make duty assignments of individual members based on the needs of the military services. (b) Assignments based on service needs A servicemember’s opinion on State laws shall not take precedence over the needs of the military services in determining individual duty assignments. (c) Rule of construction Nothing in this section shall be construed as prohibiting the Secretaries of the military departments from considering the general preferences of members of the armed forces in making determinations about individual duty assignments. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 674 the following new item: 675. Primacy of needs of the service in determining individual duty assignments. . 534. Requirement to use qualifications, performance, and merit as basis for promotions, assignments, and other personnel actions The Secretary of Defense shall ensure that all promotions, assignments, and other personnel actions of the Armed Forces are based primarily on qualifications, performance, and merit. 535. Requirement to base treatment in the military on merit and performance (a) Findings Congress makes