10 USC Ch. 951: TRAINING GENERALLY

From Title 10—ARMED FORCESSubtitle D—Air Force and Space ForcePART III—TRAINING

CHAPTER 951—TRAINING GENERALLY

Sec.

9401.

Members of Air Force and Space Force: detail as students, observers, and investigators at educational institutions, industrial plants, and hospitals.

9402.

Enlisted members of Air Force or Space Force: schools.

9403.

Aviation cadets and aviation students: schools.

9404.

Aviation students: detail of enlisted members of Air Force.

9405.

Civilian flying school instructors: instruction at Air Force training commands.

9406.

Service schools: leaves of absence for instructors.

9413.

United States Air Force Institute of Technology: establishment.

9414.

Degree granting authority for United States Air Force Institute of Technology.

9414a.

United States Air Force Institute of Technology: admission of certain private sector civilians.

9414b.

United States Air Force Institute of Technology: administration.

9415.

Community College of the Air Force: associate degrees.

9417.

Degree granting authority for Air University.

9419.

Recruit basic training: separate housing for male and female recruits.

9420.

Recruit basic training: privacy.

Editorial Notes

Prior Provisions

A prior chapter 951, consisting of sections 9801 to 9806, related to military claims, prior to renumbering as chapter 981 of this title.

Amendments

2021—Pub. L. 117–81, div. A, title V, §558(b), title X, §1081(a)(35), (36), Dec. 27, 2021, 135 Stat. 1741, 1921, added item 9413 and reenacted items 9401 and 9402.

Pub. L. 116–283, div. A, title IX, §923(d)(1)(D), (2)(C), Jan. 1, 2021, 134 Stat. 3813, 3814, added items 9401 and 9402 and struck out former items 9401 "Members of Air Force: detail as students, observers, and investigators at educational institutions, industrial plants, and hospitals" and 9402 "Enlisted members of Air Force: schools".

2018—Pub. L. 115–232, div. A, title VIII, §806(d)(2), (e)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter 901 of this title as this chapter and items 9301 to 9306, 9314, 9314a, 9314b, 9315, 9317, 9319, and 9320 as 9401 to 9406, 9414, 9414a, 9414b, 9415, 9417, 9419, and 9420, respectively.

2017—Pub. L. 115–91, div. A, title V, §581(d)(2), Dec. 12, 2017, 131 Stat. 1415, added item 9314a and struck out former item 9314a "United States Air Force Institute of Technology: admission of defense industry civilians".

2011—Pub. L. 112–81, div. A, title V, §554(b), Dec. 31, 2011, 125 Stat. 1415, added item 9314b.

Pub. L. 111–383, div. A, title V, §593(b), Jan. 7, 2011, 124 Stat. 4234, added item 9314a.

2008—Pub. L. 110–417, [div. A], title III, §353(b), title V, §543(h)(2), (i)(2), Oct. 14, 2008, 122 Stat. 4425, 4464, 4465, added items 9314 and 9317 and struck out former items 9314 "United States Air Force Institute of Technology", 9316 "Training and support for A–10 aircraft", and 9317 "Air University: conferral of degrees".

2004—Pub. L. 108–375, div. A, title V, §556(c)(2), Oct. 28, 2004, 118 Stat. 1915, substituted "conferral of degrees" for "graduate-level degrees" in item 9317.

1999—Pub. L. 106–65, div. A, title V, §543(b)(2), Oct. 5, 1999, 113 Stat. 607, substituted "graduate-level degrees" for "master of airpower art and science" in item 9317.

1998—Pub. L. 105–261, div. A, title V, §§521(c)(2), 522(c)(2), Oct. 17, 1998, 112 Stat. 2012, 2013, added items 9319 and 9320.

1994—Pub. L. 103–337, div. A, title IX, §913(a)(2), Oct. 5, 1994, 108 Stat. 2828, added item 9317.

1991—Pub. L. 102–190, div. A, title X, §1061(a)(25), Dec. 5, 1991, 105 Stat. 1474, struck out section symbol before "9316" in item 9316.

1990—Pub. L. 101–510, div. A, title XIV, §1439(d), Nov. 5, 1990, 104 Stat. 1689, added item 9316.

1985—Pub. L. 99–145, title V, §504(a)(2)(B), Nov. 8, 1985, 99 Stat. 622, struck out ": degrees" after "Technology" in item 9314.

1976—Pub. L. 94–361, title VI, §602, July 14, 1976, 90 Stat. 928, added item 9315.

§9401. Members of Air Force and Space Force: detail as students, observers, and investigators at educational institutions, industrial plants, and hospitals

(a) The Secretary of the Air Force may detail members of the Air Force and members of the Space Force as students at such technical, professional, and other civilian educational institutions, or as students, observers, or investigators at such industrial plants, hospitals, and other places, as are best suited to enable them to acquire knowledge or experience in the specialties in which it is considered necessary that they perfect themselves.

(b) An officer, other than one of the Regular Air Force on the active-duty list, or one of the Space Force in a space force active status not on sustained duty, who is detailed under subsection (a) shall be ordered to additional active duty immediately upon termination of the detail, for a period at least as long as the detail. However, if the detail is for 90 days or less, the officer may be ordered to that additional duty only with his consent and in the discretion of the Secretary.

(c) No Reserve of the Air Force or member of the Space Force in a space force active status not on sustained duty may be detailed as a student, observer, or investigator, or ordered to active duty under this section, without the member's consent and, if a member of the Air National Guard of the United States, without the approval of the governor or other appropriate authority of the State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands of whose Air National Guard the Reserve is a member.

(d) The Secretary may require, as a condition of a detail under subsection (a), that an enlisted member accept a discharge and be reenlisted in his component for at least three years.

(e) The total length of details of an enlisted member of the Air Force or the Space Force under subsection (a) during one enlistment period may not exceed 50 percent of that enlistment.

(f) At no time may more than 8 percent of the authorized strength in commissioned officers, 8 percent of the authorized strength in warrant officers, or 2 percent of the authorized strength in enlisted members, of the Regular Air Force or of Space Force members on sustained duty, or more than 8 percent of the actual strength in commissioned officers, 8 percent of the actual strength in warrant officers, or 2 percent of the actual strength in enlisted members, of the total of reserve components of the Air Force or of Space Force members in an active status not on sustained duty, be detailed as students under subsection (a). For the purposes of this subsection, the actual strength of each category of Reserves includes both members on active duty and those not on active duty.

(g) Expenses incident to the detail of members under this section shall be paid from any funds appropriated for the Department of the Air Force.

(Aug. 10, 1956, ch. 1041, 70A Stat. 559, §9301; Pub. L. 93–169, Nov. 29, 1973, 87 Stat. 689; Pub. L. 96–513, title V, §504(23), Dec. 12, 1980, 94 Stat. 2917; Pub. L. 100–456, div. A, title XII, §1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title X, §1057(a)(9), Jan. 6, 2006, 119 Stat. 3441; renumbered §9401, Pub. L. 115–232, div. A, title VIII, §806(a)(3), Aug. 13, 2018, 132 Stat. 1832; Pub. L. 116–283, div. A, title IX, §923(d)(1)(A)–(C), Jan. 1, 2021, 134 Stat. 3813; Pub. L. 117–81, div. A, title X, §1081(a)(35), Dec. 27, 2021, 135 Stat. 1921; Pub. L. 118–31, div. A, title XVII, §1721(b), Dec. 22, 2023, 137 Stat. 666.)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
9301(a) 9301(b) 9301(c) 9301(d) 9301(e) 9301(f). 9301(g)	5:626q (1st 78 words). 5:626q (less 1st 78 words, and less provisos). 5:626q (1st proviso). 5:626q (words of 2d proviso before semicolon). 5:626q (words of 2d proviso after semicolon). 5:626q (last proviso). 5:626r.	June 3, 1916, ch. 134, §127a (13th par.); added June 4, 1920, ch. 227, subch. I, §51 (13th par.); restated June 8, 1926, ch. 495; May 13, 1941, ch. 113; June 30, 1941, ch. 262 (4th proviso under "Finance Department"); restated June 19, 1948, ch. 501, §1, 62 Stat. 477.
		June 19, 1948, ch. 501, §§2, 3, 62 Stat. 478.

In subsection (a), the words "members of the Air Force" are substituted for the words "personnel of the Air Force of the United States, without regard to component".

In subsection (b), the words "is detailed under subsection (a)" are substituted for the words "receives such instruction". The words "as long as the detail" are substituted for the words "equal to the duration of his period of instruction". The words "However, if the detail is for" are substituted for the words "except that where the duration of such training is". The words "other than one of the Regular Air Force on the active list" are inserted, since members of the Regular Air Force on the active list are on continuous active duty. The word "additional" is inserted, since the detail under this section is active duty. The words "the officer may be ordered to that additional duty" are substituted for the words "such subsequent active duty may * * * the officer concerned".

In subsection (c), the words "of whose Air National Guard he is a member" are substituted for the words "whichever is concerned".

In subsection (d), the words "as a condition of a detail under subsection (a)" are substituted for the words "prior to his detail pursuant to the provisions of this paragraph". The words "accept the discharge" are substituted for the words "be discharged".

In subsection (e), the words "during an enlistment" are inserted for clarity.

In subsection (f), the last sentence is substituted for 5:626q (words within parentheses of last proviso).

In subsection (g), the words "under this section" are substituted for 5:626r (9th through 41st words).

Editorial Notes

Amendments

2023—Subsec. (b). Pub. L. 118–31, §1721(b)(1), struck out "or the Regular Space Force" after "Regular Air Force" and inserted "or one of the Space Force in a space force active status not on sustained duty," after "on the active-duty list,".

Subsec. (c). Pub. L. 118–31, §1721(b)(2), substituted "or member of the Space Force in a space force active status not on sustained duty" for "or Reserve of the Space Force" and "the member's consent" for "the Reserve's consent".

Subsec. (f). Pub. L. 118–31, §1721(b)(3), substituted "of Space Force members on sustained duty" for "the Regular Space Force" and "of Space Force members in an active status not on sustained duty" for "the Space Force Reserve".

2021—Pub. L. 117–81 inserted a comma after "observers" in section catchline.

Pub. L. 116–283, §923(d)(1)(C), substituted "Members of Air Force and Space Force: detail as students, observers and investigators at educational institutions, industrial plants, and hospitals" for "Members of Air Force: detail as students, observers, and investigators at educational institutions, industrial plants, and hospitals" in section catchline.

Subsec. (a). Pub. L. 116–283, §923(d)(1)(A)(i), inserted "and members of the Space Force" after "members of the Air Force".

Subsec. (b). Pub. L. 116–283, §923(d)(1)(A)(ii), inserted "or the Regular Space Force" after "Regular Air Force".

Subsec. (c). Pub. L. 116–283, §923(d)(1)(A)(iii), (B), inserted "or Reserve of the Space Force" after "Reserve of the Air Force" and substituted "the Reserve's" for "his" and "the Reserve" for "he".

Subsec. (e). Pub. L. 116–283, §923(d)(1)(A)(iv), inserted "or the Space Force" after "Air Force".

Subsec. (f). Pub. L. 116–283, §923(d)(1)(A)(v)(II), which directed amendment by inserting "or the Space Force Reserve" after "the reserve components of the Air Force", was executed by making the insertion after "the total of reserve components of the Air Force" to reflect the probable intent of Congress.

Pub. L. 116–283, §923(d)(1)(A)(v)(I), inserted "or the Regular Space Force" after "Regular Air Force".

2018—Pub. L. 115–232 renumbered section 9301 of this title as this section.

2006—Subsec. (c). Pub. L. 109–163 substituted "State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands" for "State or Territory, Puerto Rico, or the District of Columbia".

1988—Subsec. (c). Pub. L. 100–456 struck out "the Canal Zone," after "Puerto Rico,".

1980—Subsec. (b). Pub. L. 96–513 substituted "active-duty list" for "active list".

1973—Subsec. (b). Pub. L. 93–169 struck out provisions which limited to four years the maximum period for which an officer detailed for additional active duty upon termination of detail is required to serve.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

§9402. Enlisted members of Air Force or Space Force: schools

(a) So far as consistent with the requirements of military training and service, and under regulations to be prescribed by the Secretary of the Air Force with the approval of the President, enlisted members of the Air Force and enlisted members of the Space Force shall be permitted to study and receive instruction to increase their military efficiency and to enable them to return to civilian life better equipped for industrial, commercial, and business occupations. Part of this instruction may be vocational education in agriculture or the mechanic arts. Civilian teachers may be employed to aid Air Force officers and Space Force officers in this instruction.

(b) Schools for the instruction of enlisted members of the Air Force or the Space Force in the common branches of education, including United States history, shall be maintained at all air bases at which members of the Air Force or the Space Force are stationed. The Secretary may detail members of the Air Force or the Space Force to carry out this subsection. The commander of each air base where schools are maintained under this subsection shall provide a suitable room or building for school and religious purposes.

(Aug. 10, 1956, ch. 1041, 70A Stat. 560, §9302; renumbered §9402, Pub. L. 115–232, div. A, title VIII, §806(a)(3), Aug. 13, 2018, 132 Stat. 1832; amended Pub. L. 116–283, div. A, title IX, §923(d)(2)(A), (B), Jan. 1, 2021, 134 Stat. 3813, 3814; Pub. L. 117–81, div. A, title X, §1081(a)(36), Dec. 27, 2021, 135 Stat. 1921.)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
9302(a) 9302(b)	10:1176. 10:1172.	June 3, 1916, ch. 134, §27 (last par.), 39 Stat. 186.
		R.S. 1231.

In subsection (a), the first 12 words are substituted for 10:1176 (1st 5, and last 18, words). The words "and the Secretary of the Army shall have the power at all times to suspend, increase, or decrease the amount of such instruction offered" are omitted as surplusage.

In subsection (b), the words "garrisons, and permanent camps" are omitted as covered by the word "posts". The word "including" is substituted for the words "and especially in". The word "members" is substituted for the words "officers and enlisted men". The words "as may be necessary", "It * * * be the duty", and "or garrison" are omitted as surplusage.

Editorial Notes

Amendments

2021—Pub. L. 117–81 substituted "Enlisted members of Air Force or Space Force: schools" for "Enlisted members Air Force or Space Force: schools" in section catchline.

Pub. L. 116–283, §923(d)(2)(B), amended section catchline generally. Prior to amendment, catchline read as follows: "Enlisted members of Air Force: schools".

Subsec. (a). Pub. L. 116–283, §923(d)(2)(A)(i), inserted "and enlisted members of the Space Force" after "members of the Air Force" and "and Space Force officers" after "Air Force officers".

Subsec. (b). Pub. L. 116–283, §923(d)(2)(A)(ii), inserted "or the Space Force" after "Air Force" wherever appearing.

2018—Pub. L. 115–232 renumbered section 9302 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Executive Documents

Delegation of Functions

Functions of President under subsec. (a) of this section delegated to Secretary of Defense, see section 1(6) of Ex. Ord. No. 11390, Jan. 22, 1968, 33 F.R. 841, set out as a note under section 301 of Title 3, The President.

§9403. Aviation cadets and aviation students: schools

The Secretary of the Air Force shall establish and maintain—

(1) one or more schools for the training and instruction of aviation cadets; and

(2) courses of instruction for aviation students at one or more established flying schools.

(Aug. 10, 1956, ch. 1041, 70A Stat. 560, §9303; renumbered §9403, Pub. L. 115–232, div. A, title VIII, §806(a)(3), Aug. 13, 2018, 132 Stat. 1832.)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
9303	10:296. 10:296a.	July 11, 1919, ch. 8 (2d par. under "Air Service"), 41 Stat. 109.
		June 3, 1941, ch. 165, §2, 55 Stat. 239.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 9303 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

§9404. Aviation students: detail of enlisted members of Air Force

The Secretary of the Air Force may detail enlisted Regulars of the Air Force, and enlisted Reserves of the Air Force who are on active duty, for training and instruction as aviation students in their respective grades at schools selected by him.

(Aug. 10, 1956, ch. 1041, 70A Stat. 560, §9304; renumbered §9404, Pub. L. 115–232, div. A, title VIII, §806(a)(3), Aug. 13, 2018, 132 Stat. 1832.)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
9304	10:298a–1.	June 3, 1941, ch. 167, 55 Stat. 241.

The words "under such regulations as he may prescribe" are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions. 10:298a–1 (1st proviso) is omitted as impliedly repealed by section 10 of the Insurance Act of 1951, ch. 39, 65 Stat. 36. 10:298a–1 (last proviso) is omitted as surplusage. The words "active duty" are substituted for the words "active Federal service".

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 9304 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

§9405. Civilian flying school instructors: instruction at Air Force training commands

(a) The Secretary of the Air Force may provide for the instruction and training, at Air Force training commands, of civilians selected from the instructional staffs of civilian flying schools that are accredited by the Department of the Air Force for the education and training of members of the Air Force.

(b) The training of civilians under subsection (a) shall be without cost to the United States, except for supplies necessary for training purposes.

(c) A civilian undergoing training under subsection (a) may be treated in a Government hospital if he becomes sick or is injured. However, that treatment shall be without cost to the United States except for services of Government medical personnel and the use of hospital equipment other than medicine or supplies.

(d) No civilian who sustains a personal injury, and no dependent of a civilian who dies of disease or injury, while undergoing training under subsection (a), is entitled to any compensation, pension, or gratuity for that injury or death.

(Aug. 10, 1956, ch. 1041, 70A Stat. 560, §9305; renumbered §9405, Pub. L. 115–232, div. A, title VIII, §806(a)(3), Aug. 13, 2018, 132 Stat. 1832.)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
9305(a) 9305(b)	10:292c–1 (less provisos). 10:292c–1 (1st proviso).	Apr. 3, 1939, ch. 35, §3, 53 Stat. 556.
9305(c)	10:292c–1 (2d proviso).
9305(d)	10:292c–1 (last proviso).

In subsection (a), the words "under such rules and regulations as he may prescribe" are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions. The words "Air Force training commands" are substituted for the words "the Air Corps Training Center", since those commands now perform the functions formerly performed by the Air Corps Training Center. The words "in his discretion", "experience", and "upon their own applications" are omitted as surplusage. The words "and may provide for the instruction and training" are substituted for the words "is authorized to enroll as students * * * for the pursuit of such courses of instruction as may be prescribed therefor".

In subsection (b), the words "the furnishing of such" are omitted as surplusage. The words "matériel, or equipment" are omitted as covered by the word "supplies", as defined in section 101(26) of this title.

In subsection (c), the word "Government" is substituted for the words "Medical Department" to conform to the first sentence of the revised subsection.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 9305 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

§9406. Service schools: leaves of absence for instructors

The officer in charge of an Air Force or Space Force service school may grant a leave of absence for the period of the suspension of the ordinary academic studies, without deduction of pay or allowances, to any officer on duty exclusively as an instructor at the school.

(Aug. 10, 1956, ch. 1041, 70A Stat. 561, §9306; renumbered §9406, Pub. L. 115–232, div. A, title VIII, §806(a)(3), Aug. 13, 2018, 132 Stat. 1832; Pub. L. 116–283, div. A, title IX, §923(d)(3), Jan. 1, 2021, 134 Stat. 3814.)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
9306	10:843.	Mar. 23, 1910, ch. 115 (proviso under "United States Service Schools"), 36 Stat. 244.

The words "The provisions of section 1144 of this title, authorizing leaves of absence to certain officers of the Military Academy * * * are hereby extended to include" are omitted as surplusage.

Editorial Notes

Prior Provisions

Prior sections 9411 to 9413 were renumbered sections 9481 to 9483 of this title, respectively.

Amendments

2021—Pub. L. 116–283 inserted "or Space Force" after "Air Force".

2018—Pub. L. 115–232 renumbered section 9306 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

§9413. United States Air Force Institute of Technology: establishment

There is in the Department of the Air Force a United States Air Force Institute of Technology, the purposes of which are to perform research and to provide, to members of the Air Force and Space Force (including the reserve components) and civilian employees of such Department, advanced instruction and technical education regarding their duties.

(Added Pub. L. 117–81, div. A, title V, §558(a), Dec. 27, 2021, 135 Stat. 1741.)

§9414. Degree granting authority for United States Air Force Institute of Technology

(a) Authority.—Under regulations prescribed by the Secretary of the Air Force, the commander of the Air University may, upon the recommendation of the faculty of the United States Air Force Institute of Technology, confer appropriate degrees upon graduates of the United States Air Force Institute of Technology who meet the degree requirements.

(b) Limitation.—A degree may not be conferred under this section unless—

(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and

(2) the United States Air Force Institute of Technology is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.

(c) Congressional Notification Requirements.—(1) When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives—

(A) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education's National Advisory Committee on Institutional Quality and Integrity; and

(B) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.

(2) Upon any modification or redesignation of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.

(3) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the United States Air Force Institute of Technology to award any new or existing degree.

(d) Civilian Faculty.—(1) The Secretary of the Air Force may employ as many civilian faculty members at the United States Air Force Institute of Technology as is consistent with the needs of the Air Force or the Space Force and with Department of Defense personnel limits.

(2) The Secretary shall prescribe regulations determining—

(A) titles and duties of civilian members of the faculty; and

(B) pay of civilian members of the faculty, notwithstanding chapter 53 of title 5, but subject to the limitation set out in section 5373 of title 5.

(e) Reimbursement and Tuition.—(1) The Department of the Army, the Department of the Navy, and the Department of Homeland Security shall bear the cost of the instruction at the Air Force Institute of Technology that is received by members of the armed forces detailed for that instruction by the Secretaries of the Army, Navy, and Homeland Security, respectively.

(2) Members of the Army, Navy, Marine Corps, and Coast Guard may only be detailed for instruction at the Institute on a space-available basis.

(3) In the case of an enlisted member of the Army, Navy, Marine Corps, and Coast Guard permitted to receive instruction at the Institute, the Secretary of the Air Force shall charge that member only for such costs and fees as the Secretary considers appropriate (taking into consideration the admission of enlisted members on a space-available basis).

(4)(A) The Institute shall charge tuition for the cost of providing instruction at the Institute for any civilian employee of a military department (other than a civilian employee of the Department of the Air Force), of another component of the Department of Defense, or of another Federal agency who receives instruction at the Institute.

(B) The cost of any tuition charged an individual under this paragraph shall be borne by the department, agency, or component sending the individual for instruction at the Institute.

(5) Amounts received by the Institute for the instruction of students under this subsection shall be retained by the Institute. Such amounts shall be available to the Institute to cover the costs of such instruction. The source and disposition of such amounts shall be specifically identified in the records of the Institute.

(f) Acceptance of Research Grants.—(1) The Secretary of the Air Force may authorize the Director and Chancellor of the United States Air Force Institute of Technology to accept qualifying research grants. Any such grant may only be accepted if the work under the grant is to be carried out by a professor or instructor of the Institute for a scientific, literary, or educational purpose.

(2) A qualifying research grant under this subsection is a grant that is awarded on a competitive basis by an entity referred to in paragraph (3) for a research project with a scientific, literary, or educational purpose.

(3) A grant may be accepted under this subsection only from a corporation, fund, foundation, educational institution, or similar entity that is organized and operated primarily for scientific, literary, or educational purposes.

(4) The Secretary shall establish an account for administering funds received as research grants under this section. The Director and Chancellor of the Institute shall use the funds in the account in accordance with applicable provisions of the regulations and the terms and condition of the grants received.

(5) Subject to such limitations as may be provided in appropriations Acts, appropriations available for the Institute may be used to pay expenses incurred by the Institute in applying for, and otherwise pursuing, the award of qualifying research grants.

(6) The Secretary shall prescribe regulations for the administration of this subsection.

(Aug. 10, 1956, ch. 1041, 70A Stat. 561, §9314; Pub. L. 99–145, title V, §504(a)(1), (2)(A), Nov. 8, 1985, 99 Stat. 622; Pub. L. 99–661, div. A, title V, §510, Nov. 14, 1986, 100 Stat. 3868; Pub. L. 101–509, title V, §529 [title I, §106(b)(6)(C)], Nov. 5, 1990, 104 Stat. 1427, 1440; Pub. L. 105–261, div. A, title XI, §1102, Oct. 17, 1998, 112 Stat. 2141; Pub. L. 108–136, div. A, title V, §533, Nov. 24, 2003, 117 Stat. 1473; Pub. L. 109–163, div. A, title V, §522(e), Jan. 6, 2006, 119 Stat. 3243; Pub. L. 110–417, [div. A], title V, §§543(h)(1), 544, Oct. 14, 2008, 122 Stat. 4463, 4465; renumbered §9414, Pub. L. 115–232, div. A, title VIII, §806(a)(3), Aug. 13, 2018, 132 Stat. 1832; Pub. L. 116–92, div. A, title V, §556(b), Dec. 20, 2019, 133 Stat. 1392; Pub. L. 116–283, div. A, title IX, §923(d)(4), Jan. 1, 2021, 134 Stat. 3814.)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
9314	[Uncodified].	Aug. 31, 1954, ch. 1151, 68 Stat. 1006.

Editorial Notes

Prior Provisions

A prior section 9414 was renumbered section 9484 of this title.

Amendments

2021—Subsec. (d)(1). Pub. L. 116–283 inserted "or the Space Force" after "needs of the Air Force".

2019—Subsec. (f). Pub. L. 116–92 substituted "Director and Chancellor" for "Commandant" in pars. (1) and (4).

2018—Pub. L. 115–232 renumbered section 9314 of this title as this section.

2008—Pub. L. 110–417, §543(h)(1), amended section generally. Prior to amendment, section consisted of subsecs. (a) to (d) relating to conferral of degrees, civilian faculty, costs of instruction, and research grants at the United States Air Force Institute of Technology.

Subsec. (e)(4), (5). Pub. L. 110–417, §544, added pars. (4) and (5).

2006—Subsec. (d). Pub. L. 109–163 added subsec. (d).

2003—Subsec. (a). Pub. L. 108–136, §533(b)(1), (c), inserted heading, designated existing provisions as par. (1), substituted "The Commander" for "When the United States Air Force Institute of Technology is accredited by a nationally recognized accreditation association or authority, the Commander" and "the United States Air Force Institute of Technology" for "that Institute", and added par. (2).

Subsec. (b). Pub. L. 108–136, §533(b)(2), inserted heading.

Subsec. (c). Pub. L. 108–136, §533(a), added subsec. (c).

1998—Subsec. (b)(2)(B). Pub. L. 105–261 substituted "section 5373" for "section 5306(e)".

1990—Subsec. (b)(2)(B). Pub. L. 101–509 substituted "5306(e)" for "5308".

1986—Subsec. (b)(2)(B). Pub. L. 99–661 struck out "rates of basic" before "pay of civilian".

1985—Pub. L. 99–145, §504(a)(2)(A), struck out ": degrees" after "Technology" in section catchline.

Subsecs. (a), (b). Pub. L. 99–145, §504(a)(1), designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Effective Date of 2008 Amendment

Amendment by section 543(h)(1) of Pub. L. 110–417 applicable to any degree granting authority established, modified, or redesignated on or after Oct. 14, 2008, for an institution of professional military education referred to in such amendment, see section 543(j) of Pub. L. 110–417, set out as a note under section 2163 of this title.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, §305] of Pub. L. 101–509, set out as a note under section 5301 of Title 5, Government Organization and Employees.

Civilian Members of Faculty of Air Force Institute of Technology on November 8, 1985

Subsec. (b)(2) of this section not applicable to persons who, on Nov. 8, 1985, were civilian members of the faculty of the Air Force Institute of Technology, were being paid a rate of basic pay under the General Schedule, and elected under procedures prescribed by the Secretary of the Air Force to continue to be paid under the General Schedule, see section 504(c) of Pub. L. 99–145, set out as a note under section 5102 of Title 5, Government Organization and Employees.

§9414a. United States Air Force Institute of Technology: admission of certain private sector civilians

(a) Admission Authorized.—(1) The Secretary of the Air Force may permit a covered private sector employee to receive instruction at the United States Air Force Institute of Technology in accordance with this section. A covered private sector employee may be enrolled in, and may be provided instruction in, a program leading to a graduate degree or professional continuing education certificate in a defense-focused or homeland security-focused curriculum related to aeronautics and astronautics, electrical and computer engineering, engineering physics, mathematics and statistics, operational sciences, or systems and engineering management.

(2) No more than 125 covered private sector employees may be enrolled at the United States Air Force Institute of Technology at any one time under the authority of paragraph (1).

(3) Upon successful completion of the course of instruction at the United States Air Force Institute of Technology in which a covered private sector employee is enrolled, the covered private sector employee may be awarded an appropriate degree under section 9414 of this title or an appropriate professional continuing education certificate, as applicable.

(b) Covered Private Sector Employee Defined.—(1) In this section, the term "covered private sector employee" means—

(A) an individual employed by a private firm that is engaged in providing to the Department of Defense significant and substantial defense-related systems, products, or services; or

(B) an individual employed by a private firm in one of the critical infrastructure sectors identified in Presidential Policy Directive 21 (Critical Infrastructure Security and Resilience).

(2) A covered private sector employee admitted for instruction at the United States Air Force Institute of Technology remains eligible for such instruction only so long as the person remains employed by the same firm.

(c) Annual Determination by the Secretary of the Air Force.—A covered private sector employee may receive instruction at the United States Air Force Institute of Technology during any academic year only if, before the start of that academic year, the Secretary of the Air Force, or the designee of the Secretary, determines that providing instruction to covered private sector employees under this section during that year—

(1) will further the military mission of the United States Air Force Institute of Technology; and

(2) will not require an increase in the permanently authorized size of the faculty of the school, an increase in the course offerings of the school, or an increase in the laboratory facilities or other infrastructure of the school.

(d) Program Requirements.—The Secretary of the Air Force shall ensure that—

(1) the curriculum in which a covered private sector employee may be enrolled under this section is not readily available through other schools and concentrates on the areas of focus specified in subsection (a)(1) that are conducted by military organizations and defense or homeland security contractors working in close cooperation; and

(2) the course offerings at the United States Air Force Institute of Technology continue to be determined solely by the needs of the Department of Defense or the Department of Homeland Security, as applicable.

(e) Tuition.—(1) The United States Air Force Institute of Technology shall charge tuition for students enrolled under this section at a rate not less than the rate charged for employees of the United States outside the Department of the Air Force.

(2) Amounts received by the United States Air Force Institute of Technology for instruction of students enrolled under this section shall be retained by the school to defray the costs of such instruction. The source, and the disposition, of such funds shall be specifically identified in records of the school.

(f) Standards of Conduct.—While receiving instruction at the United States Air Force Institute of Technology, covered private sector employees enrolled under this section, to the extent practicable, are subject to the same regulations governing academic performance, attendance, norms of behavior, and enrollment as apply to Government civilian employees receiving instruction at the school.

(Added Pub. L. 111–383, div. A, title V, §593(a), Jan. 7, 2011, 124 Stat. 4232, §9314a; amended Pub. L. 112–239, div. A, title V, §589(b), Jan. 2, 2013, 126 Stat. 1769; Pub. L. 114–92, div. A, title V, §558, title X, §1081(a)(13), Nov. 25, 2015, 129 Stat. 827, 1001; Pub. L. 115–91, div. A, title V, §581(a)–(d)(1), Dec. 12, 2017, 131 Stat. 1414, 1415; renumbered §9414a and amended Pub. L. 115–232, div. A, title VIII, §§806(a)(3), 809(a), Aug. 13, 2018, 132 Stat. 1832, 1840.)

Editorial Notes

Amendments

2018—Pub. L. 115–232, §806(a)(3), renumbered section 9314a of this title as this section.

Subsec. (a)(3). Pub. L. 115–232, §809(a), substituted "section 9414" for "section 9314".

2017—Pub. L. 115–91, §581(d)(1), amended section catchline generally. Prior to amendment, catchline read as follows: "United States Air Force Institute of Technology: admission of defense industry civilians".

Subsec. (a)(1). Pub. L. 115–91, §581(b)(1)(A), (c)(1), substituted "a covered private sector employee" for "defense industry employees described in subsection (b)", "A covered private sector employee" for "Any such defense industry employee", and "a defense-focused or homeland security-focused" for "a defense focused".

Subsec. (a)(2). Pub. L. 115–91, §581(b)(1)(B), substituted "covered private sector employees" for "defense industry employees".

Subsec. (a)(3). Pub. L. 115–91, §581(b)(1)(C), substituted "covered private sector employee" for "defense industry employee" in two places.

Subsec. (b). Pub. L. 115–91, §581(a), amended subsec. (b) generally. Prior to amendment, text read as follows: "For purposes of this section, an eligible defense industry employee is an individual employed by a private firm that is engaged in providing to the Department of Defense significant and substantial defense-related systems, products, or services. A defense industry employee admitted for instruction at the United States Air Force Institute of Technology remains eligible for such instruction only so long as that person remains employed by the same firm."

Subsec. (c). Pub. L. 115–91, §581(b)(2), in introductory provisions, substituted "A covered private sector employee" for "Defense industry employees" and "covered private sector employees" for "defense industry employees".

Subsec. (d)(1). Pub. L. 115–91, §581 (b)(3), (c)(2)(A), substituted "a covered private sector employee" for "defense industry employees" and inserted "or homeland security" after "and defense".

Subsec. (d)(2). Pub. L. 115–91, §581(c)(2)(B), inserted "or the Department of Homeland Security, as applicable" before period at end.

Subsec. (f). Pub. L. 115–91, §581(b)(4), substituted "covered private sector employees" for "defense industry employees".

2015—Subsec. (b). Pub. L. 114–92, §1081(a)(13), substituted "only so long as" for "only so long at".

Subsec. (c)(2). Pub. L. 114–92, §558, substituted "will not require an increase in the permanently authorized size of the faculty" for "will be done on a space-available basis and not require an increase in the size of the faculty".

2013—Subsec. (a)(1). Pub. L. 112–239, §589(b)(1), inserted "or professional continuing education certificate" after "graduate degree".

Subsec. (a)(3). Pub. L. 112–239, §589(b)(2), inserted "or an appropriate professional continuing education certificate, as applicable" before period at end.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

§9414b. United States Air Force Institute of Technology: administration

(a) Director and Chancellor.—

(1) Selection.—The Director and Chancellor of the United States Air Force Institute of Technology shall be selected by the Secretary of the Air Force.

(2) Eligibility.—The Director and Chancellor shall be one of the following:

(A) An officer of the Air Force or the Space Force on active duty in a grade not below the grade of colonel who possesses such qualifications as the Secretary considers appropriate and is assigned or detailed to such position.

(B) A member of the Senior Executive Service or a civilian individual, including an individual who was retired from the Air Force or the Space Force in a grade not below brigadier general or the equivalent grade in the Space Force, who has the qualifications appropriate for the position of Director and Chancellor and is selected by the Secretary as the best qualified from among candidates for the position in accordance with a process and criteria determined by the Secretary.

(3) Term for civilian director and chancellor.—An individual selected for the position of Director and Chancellor under paragraph (2)(B) shall serve in that position for a term of not more than five years and may be continued in that position for an additional term of up to five years.

(b) Provost and Chief Academic Officer.—

(1) In general.—There is established at the United States Air Force Institute of Technology the civilian position of Provost and Chief Academic Officer who shall be selected by the Secretary.

(2) Term.—An individual selected for the position of Provost and Chief Academic Officer shall serve in that position for a term of not more than five years and may be continued in that position for an additional term of up to five years.

(3) Compensation.—The individual serving as Provost and Chief Academic Officer is entitled to such compensation for such service as the Secretary shall prescribe for purposes of this section, but not more than the rate of compensation authorized for level IV of the Executive Schedule.

(Added Pub. L. 112–81, div. A, title V, §554(a), Dec. 31, 2011, 125 Stat. 1414, §9314b; renumbered §9414b, Pub. L. 115–232, div. A, title VIII, §806(a)(3), Aug. 13, 2018, 132 Stat. 1832; amended Pub. L. 116–92, div. A, title V, §556(a), Dec. 20, 2019, 133 Stat. 1392; Pub. L. 116–283, div. A, title IX, §923(d)(5), Jan. 1, 2021, 134 Stat. 3814; Pub. L. 117–263, div. A, title V, §554(b), Dec. 23, 2022, 136 Stat. 2594.)

Editorial Notes

References in Text

Level IV of the Executive Schedule, referred to in subsec. (b)(3), is set out in section 5315 of Title 5, Government Organization and Employees.

Amendments

2022—Subsec. (b). Pub. L. 117–263, §554(b)(2), substituted "Chief Academic Officer" for "Academic Dean" wherever appearing.

Pub. L. 117–263, §554(b)(1), substituted "Chief Academic Officer" for "Academic Dean" in heading.

Subsec. (b)(1). Pub. L. 117–263, §554(b)(3), substituted "selected" for "appointed".

Subsec. (b)(2). Pub. L. 117–263, §554(b)(4), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: "An individual appointed to the position of Provost and Academic Dean shall serve in that position for a term of five years."

2021—Subsec. (a)(2). Pub. L. 116–283, §923(d)(5)(A), inserted "or the Space Force" after "the Air Force" in two places.

Subsec. (a)(2)(B). Pub. L. 116–283, §923(d)(5)(B), inserted "or the equivalent grade in the Space Force" after "brigadier general".

2019—Subsec. (a). Pub. L. 116–92, §556(a)(1), (2), substituted "Director and Chancellor" for "Commandant" in heading and "Director and Chancellor" for "Commandant" wherever appearing in text.

Subsec. (a)(3). Pub. L. 116–92, §556(a)(3), which directed substitution of "Director and Chancellor" for "Commandant" in heading, was executed by substituting "director and chancellor" for "commandant" to reflect the probable intent of Congress and conform the style of paragraph headings to that used in this title.

2018—Pub. L. 115–232 renumbered section 9314b of this title as this section.

Statutory Notes and Related Subsidiaries

Change of Name

Pub. L. 116–92, div. A, title V, §556(c), Dec. 20, 2019, 133 Stat. 1392, provided that: "Any reference in any law, regulation, map, document, paper, or other record of the United States to the Commandant of the United States Air Force Institute of Technology shall be deemed to be a reference to the Director and Chancellor of the United States Air Force Institute of Technology."

Effective Date of 2018 Amendment

§9415. Community College of the Air Force: associate degrees

(a) Establishment and Mission.—There is in the Department of the Air Force a Community College of the Air Force. Such college, in cooperation with civilian colleges and universities, shall—

(1) prescribe programs of higher education for enlisted members described in subsection (b) designed to improve the technical, managerial, and related skills of such members and to prepare such members for military jobs which require the utilization of such skills; and

(2) monitor on a continuing basis the progress of members pursuing such programs.

(b) Members Eligible for Programs.—Subject to such other eligibility requirements as the Secretary concerned may prescribe, the following members of the armed forces are eligible to participate in programs of higher education under subsection (a)(1):

(1) Enlisted members of the Air Force or the Space Force.

(2) Enlisted members of the armed forces other than the Air Force or the Space Force who are serving as instructors at Department of the Air Force training schools.

(3) Enlisted members of the armed forces other than the Air Force or the Space Force who are participating in Community College of the Air Force affiliated joint-service training and education courses.

(c) Seriously Wounded, Ill, or Injured Former and Retired Enlisted Members.—(1) The Secretary of the Air Force may authorize participation in a program of higher education under subsection (a)(1) by a person who is a former or retired enlisted member of the armed forces who at the time of the person's separation from active duty—

(A) had commenced but had not completed a program of higher education under subsection (a)(1); and

(B) is categorized by the Secretary concerned as seriously wounded, ill, or injured.

(2) For purposes of this subsection, a person who may be categorized as seriously wounded, ill, or injured is a person with a serious injury or illness (as that term is defined in section 1602(8) of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note)).

(3) A person may not be authorized under paragraph (1) to participate in a program of higher education after the end of the 10-year period beginning on the date of the person's separation from active duty.

(4) The Secretary may not pay the tuition for participation in a program of higher education under subsection (a)(1) of a person participating in such program pursuant to an authorization under paragraph (1).

(d) Associate Degrees.—(1) Subject to paragraph (2), an academic degree at the level of associate may be conferred under section 9417 of this title upon any person who has completed a program prescribed by the Community College of the Air Force.

(2) No degree may be conferred upon any person under this section unless the Secretary of Education determines that the standards for the award of academic degrees in agencies of the United States have been met.

(Added Pub. L. 94–361, title VI, §602, July 14, 1976, 90 Stat. 928, §9315; amended Pub. L. 96–513, title V, §514(9), Dec. 12, 1980, 94 Stat. 2935; Pub. L. 103–160, div. A, title XI, §1182(a)(12), Nov. 30, 1993, 107 Stat. 1772; Pub. L. 104–106, div. A, title X, §1078(a), Feb. 10, 1996, 110 Stat. 451; Pub. L. 105–85, div. A, title V, §552(a), (b), Nov. 18, 1997, 111 Stat. 1748; Pub. L. 108–375, div. A, title V, §556(b), Oct. 28, 2004, 118 Stat. 1915; Pub. L. 112–81, div. A, title V, §555(a), (b), Dec. 31, 2011, 125 Stat. 1415; renumbered §9415 and amended Pub. L. 115–232, div. A, title VIII, §§806(a)(3), 809(a), Aug. 13, 2018, 132 Stat. 1832, 1840; Pub. L. 116–92, div. A, title V, §557, Dec. 20, 2019, 133 Stat. 1392; Pub. L. 116–283, div. A, title IX, §923(d)(6), Jan. 1, 2021, 134 Stat. 3814.)

Editorial Notes

Prior Provisions

A prior section 9415 was renumbered section 349 of this title.

Amendments

2021—Subsec. (a). Pub. L. 116–283, §923(d)(6)(A), substituted "in the Department of the Air Force" for "in the Air Force" in introductory provisions.

Subsec. (b)(1). Pub. L. 116–283, §923(d)(6)(B)(i), inserted "or the Space Force" after "Air Force".

Subsec. (b)(2). Pub. L. 116–283, §923(d)(6)(B)(ii), substituted "other than the Air Force or the Space Force who are serving as instructors at Department of the Air Force training schools." for "other than the Air Force who are serving as instructors at Air Force training schools."

Subsec. (b)(3). Pub. L. 116–283, §923(d)(6)(B)(iii), which directed amendment of par. (3) by inserting "or the Space Force" after "Air Force", was executed by making the insertion after "Air Force" the first place appearing to reflect the probable intent of Congress.

2019—Subsec. (b)(3). Pub. L. 116–92 added par. (3).

2018—Pub. L. 115–232, §806(a)(3), renumbered section 9315 of this title as this section.

Subsec. (d)(1). Pub. L. 115–232, §809(a), substituted "section 9417" for "section 9317".

2011—Subsec. (c). Pub. L. 112–81, §555(a)(2), added subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 112–81, §555(a)(1), (b), redesignated subsec. (c) as (d) and substituted "person" for "enlisted member" in two places.

2004—Subsec. (c). Pub. L. 108–375 amended heading and text generally. Prior to amendment, text read as follows:

"(1) Subject to paragraph (2), the commander of the Air Education and Training Command of the Air Force may confer an academic degree at the level of associate upon any enlisted member who has completed the program prescribed by the Community College of the Air Force.

"(2) No degree may be conferred upon any enlisted member under this section unless (A) the Community College of the Air Force certifies to the commander of the Air Education and Training Command of the Air Force that such member has satisfied all the requirements prescribed for such degree, and (B) the Secretary of Education determines that the standards for the award of academic degrees in agencies of the United States have been met."

1997—Subsec. (a). Pub. L. 105–85, §552(b)(1), inserted heading.

Subsec. (a)(1). Pub. L. 105–85, §552(a)(1), substituted "enlisted members described in subsection (b)" for "enlisted members of the Air Force".

Subsec. (b). Pub. L. 105–85, §552(a)(4), added subsec. (b). Former subsec. (b) redesignated subsec. (c)(1).

Subsec. (c). Pub. L. 105–85, §552(a)(2), (3), (b)(2), redesignated subsec. (b) as subsec. (c)(1), inserted subsec. heading, substituted "Subject to paragraph (2)," for "Subject to subsection (c),", and redesignated former subsec. (c) as subsec. (c)(2) and pars. (1) and (2) of former subsec. (c) as subpars. (A) and (B), respectively, of subsec. (c)(2).

1996—Subsec. (a)(1). Pub. L. 104–106 substituted "Air Force" for "armed forces".

1993—Subsec. (b). Pub. L. 103–160, §1182(a)(12)(A), substituted "Air Education and Training Command" for "Air Training Command".

Subsec. (c). Pub. L. 103–160, §1182(a)(12)(B), substituted "Air Education and Training Command of the Air Force" for "Air Force Training Command".

1980—Subsec. (c). Pub. L. 96–513 substituted "Secretary of Education" for "Commissioner of Education of the Department of Health, Education, and Welfare".

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Effective Date of 2011 Amendment

Pub. L. 112–81, div. A, title V, §555(c), Dec. 31, 2011, 125 Stat. 1416, provided that: "Subsection (c) of section 9315 [now 9415] of title 10, United States Code (as added by subsection (a)(2)), shall apply to persons covered by paragraph (1) of such subsection who are categorized by the Secretary concerned as seriously wounded, ill, or injured after September 11, 2001. With respect to any such person who is separated from active duty during the period beginning on September 12, 2001, and ending on the date of the enactment of this Act [Dec. 31, 2011], the 10-year period specified in paragraph (3) of such subsection shall be deemed to commence on the date of the enactment of this Act."

Effective Date of 1997 Amendment

Pub. L. 105–85, div. A, title V, §552(c), Nov. 18, 1997, 111 Stat. 1748, provided that: "Subsection (b) of section 9315 [now 9415] of such title, as added by subsection (a)(4), applies with respect to enrollments in the Community College of the Air Force after March 31, 1996."

Effective Date of 1996 Amendment

Pub. L. 104–106, div. A, title X, §1078(b), Feb. 10, 1996, 110 Stat. 451, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to enrollments in the Community College of the Air Force after March 31, 1996."

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

§9417. Degree granting authority for Air University

(a) Authority.—Except as provided in sections 9414 and 9415 of this title, under regulations prescribed by the Secretary of the Air Force, the commander of the Air University may, upon the recommendation of the faculty of the Air University components, confer appropriate degrees upon graduates who meet the degree requirements.

(b) Limitation.—A degree may not be conferred under this section unless—

(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and

(2) the Air University is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.

(B) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.

(3) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the Air University to award any new or existing degree.

(Added Pub. L. 103–337, div. A, title IX, §913(a)(1), Oct. 5, 1994, 108 Stat. 2828, §9317; amended Pub. L. 106–65, div. A, title V, §543(a), (b)(1), Oct. 5, 1999, 113 Stat. 607; Pub. L. 108–375, div. A, title V, §556(a), (c)(1), Oct. 28, 2004, 118 Stat. 1914, 1915; Pub. L. 110–181, div. A, title V, §527, Jan. 28, 2008, 122 Stat. 105; Pub. L. 110–417, [div. A], title V, §543(i)(1), Oct. 14, 2008, 122 Stat. 4464; renumbered §9417 and amended Pub. L. 115–232, div. A, title VIII, §§806(a)(3), 809(a), Aug. 13, 2018, 132 Stat. 1832, 1840.)

Editorial Notes

Prior Provisions

A prior section 9417 was renumbered section 9487 of this title.

Amendments

2018—Pub. L. 115–232, §806(a)(3), renumbered section 9317 of this title as this section.

Subsec. (a). Pub. L. 115–232, §809(a), substituted "sections 9414 and 9415" for "sections 9314 and 9315".

2008—Pub. L. 110–417 amended section generally. Prior to amendment, section consisted of subsecs. (a) and (b) relating to the authority of Air University to confer academic degrees and regulations under which authority would be exercised.

Subsec. (a)(4), (5). Pub. L. 110–181 added par. (4) and redesignated former par. (4) as (5).

2004—Pub. L. 108–375, §556(c)(1), substituted "conferral of degrees" for "graduate-level degrees" in section catchline.

Subsec. (a). Pub. L. 108–375, §556(a), substituted "may confer academic degrees as follows:" for "may confer—" in introductory provisions, "The" for "the" in pars. (1) to (3), period for semicolon in par. (1), and period for "; and" in par. (2) and added par. (4).

1999—Pub. L. 106–65, §543(b)(1), substituted "graduate-level degrees" for "master of airpower art and science" in section catchline.

Subsec. (a). Pub. L. 106–65, §543(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: "Upon the recommendation of the faculty of the School of Advanced Airpower Studies of the Air University, the Commander of the university may confer the degree of master of airpower art and science upon graduates of the school who fulfill the requirements for the degree."

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–417 applicable to any degree granting authority established, modified, or redesignated on or after Oct. 14, 2008, for an institution of professional military education referred to in such amendment, see section 543(j) of Pub. L. 110–417, set out as a note under section 2163 of this title.

Effective Date

Pub. L. 103–337, div. A, title IX, §913(b), Oct. 5, 1994, 108 Stat. 2828, provided that: "The authority provided by section 9317(a) [now 9417(a)] of title 10, United States Code, as added by subsection (a), shall become effective on the date on which the Secretary of Education determines that the requirements established by the School of Advanced Airpower Studies of the Air University for the degree of master of airpower art and science are in accordance with generally applicable requirements for a degree of master of arts or a degree of master of science."

§9419. Recruit basic training: separate housing for male and female recruits

(a) Physically Separate Housing.—(1) The Secretary of the Air Force shall provide for housing male recruits and female recruits separately and securely from each other during basic training.

(2) To meet the requirements of paragraph (1), the sleeping areas and latrine areas provided for male recruits shall be physically separated from the sleeping areas and latrine areas provided for female recruits by permanent walls, and the areas for male recruits and the areas for female recruits shall have separate entrances.

(3) The Secretary shall ensure that, when a recruit is in an area referred to in paragraph (2), the area is supervised by one or more persons who are authorized and trained to supervise the area.

(b) Alternative Separate Housing.—If male recruits and female recruits cannot be housed as provided under subsection (a) by October 1, 2001, at a particular installation, the Secretary of the Air Force shall require (on and after that date) that male recruits in basic training at such installation be housed in barracks or other troop housing facilities that are only for males and that female recruits in basic training at such installation be housed in barracks or other troop housing facilities that are only for females.

(c) Construction Planning.—In planning for the construction of housing to be used for housing recruits during basic training, the Secretary of the Air Force shall ensure that the housing is to be constructed in a manner that facilitates the housing of male recruits and female recruits separately and securely from each other.

(d) Basic Training Defined.—In this section, the term "basic training" means the initial entry training program of the Air Force or the Space Force that constitutes the basic training of new recruits.

(Added Pub. L. 105–261, div. A, title V, §521(c)(1), Oct. 17, 1998, 112 Stat. 2011, §9319; renumbered §9419, Pub. L. 115–232, div. A, title VIII, §806(a)(3), Aug. 13, 2018, 132 Stat. 1832; amended Pub. L. 118–31, div. A, title XVII, §1741(b)(6), Dec. 22, 2023, 137 Stat. 681.)

Editorial Notes

Amendments

2023—Subsec. (d). Pub. L. 118–31 inserted "or the Space Force" after "training program of the Air Force".

2018—Pub. L. 115–232 renumbered section 9319 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Implementation

Pub. L. 105–261, div. A, title V, §521(c)(3), Oct. 17, 1998, 112 Stat. 2012, provided that: "The Secretary of the Air Force shall implement section 9319 [now 9419] of title 10, United States Code, as added by paragraph (1), as rapidly as feasible and shall ensure that the provisions of that section are applied to all recruit basic training classes beginning not later than the first such class that enters basic training on or after April 15, 1999."

§9420. Recruit basic training: privacy

The Secretary of the Air Force shall require that access by military training instructors and other training personnel to a living area in which recruits are housed during basic training shall be limited after the end of the training day, other than in the case of an emergency or other exigent circumstance, to military training instructors and other training personnel who are of the same sex as the recruits housed in that living area or to superiors in the chain of command of those recruits who, if not of the same sex as the recruits housed in that living area, are accompanied by a member (other than a recruit) who is of the same sex as the recruits housed in that living area.

(Added Pub. L. 105–261, div. A, title V, §522(c)(1), Oct. 17, 1998, 112 Stat. 2013, §9320; renumbered §9420, Pub. L. 115–232, div. A, title VIII, §806(a)(3), Aug. 13, 2018, 132 Stat. 1832.)

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 9320 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Implementation

Pub. L. 105–261, div. A, title V, §522(c)(3), Oct. 17, 1998, 112 Stat. 2013, provided that: "The Secretary of the Air Force shall implement section 9320 [now 9420] of title 10, United States Code, as added by paragraph (1), as rapidly as feasible and shall ensure that the provisions of that section are applied to all recruit basic training classes beginning not later than the first such class that enters basic training on or after April 15, 1999."