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10 U.S.C. § 4302 (ARMED FORCES)
§ 4302. Enlisted members of Army: 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 Army with the approval of the President, enlisted members of the Army 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 Army officers in this instruction.
(b) Schools for the instruction of enlisted members of the Army in the common branches of education, including United States history shall be maintained at all posts at which members of the Army are stationed. The Secretary may detail members of the Army to carry out this subsection. The commander of each post 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. 235.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
4302(a)
4302(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.
heading: Delegation of Functions
text: Function of the President under subsec. (a) of this section delegated to the 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.
10 U.S.C. § 4306 (ARMED FORCES)
§ 4306. Service schools: leaves of absence for instructors
The officer in charge of an Army service school may grant a leave of absence for the period of the suspension of the ordinary academic studies, without reduction of pay or allowances, to any officer on duty exclusively as an instructor at the school.
(Aug. 10, 1956, ch. 1041, 70A Stat. 235.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
4306
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.
10 U.S.C. § 4307, 4308 (ARMED FORCES)
[§§ 4307, 4308. Repealed. Pub. L. 104–106, div. A, title XVI, § 1624(a)(1), Feb. 10, 1996, 110 Stat. 522]
text: Section 4307, act Aug. 10, 1956, ch. 1041, 70A Stat. 235, permitted President to detail commissioned officer of the Army or of the Marine Corps as director of civilian marksmanship.
text: Section 4308, acts Aug. 10, 1956, ch. 1041, 70A Stat. 236; Nov. 14, 1986, Pub. L. 99–661, div. A, title III, § 318(a), 100 Stat. 3855; Nov. 5, 1990, Pub. L. 101–510, div. A, title III, § 328(b)–(d), (g)(1), 104 Stat. 1533, 1534; Oct. 23, 1992, Pub. L. 102–484, div. A, title III, § 380(a)(1), 106 Stat. 2389; Nov. 30, 1993, Pub. L. 103–160, div. A, title III, § 372, 107 Stat. 1635, related to authority of Secretary of the Army to promote civilian marksmanship. See section 40701 et seq. of Title 36, Patriotic and National Observances, Ceremonies, and Organizations.
heading: Effective Date of Repeal
text: Repeal effective on the earlier of the date on which the Secretary of the Army submits a certification in accordance with section 5523 of [former] Title 36, Patriotic Societies and Observances, or Oct. 1, 1996, see section 1624(c) of Pub. L. 104–106, set out as an Effective Date of 1996 Amendment note under section 4316 of this title.
10 U.S.C. § 4310, 4311 (ARMED FORCES)
[§§ 4310, 4311. Repealed. Pub. L. 104–106, div. A, title XVI, § 1624(a)(1), Feb. 10, 1996, 110 Stat. 522]
text: Section 4310, act Aug. 10, 1956, ch. 1041, 70A Stat. 236, permitted President and Secretary of the Army to detail members of Army as rifle instructors for civilians.
text: Section 4311, acts Aug. 10, 1956, ch. 1041, 70A Stat. 237; Nov. 5, 1990, Pub. L. 101–510, div. A, title III, § 328(f), 104 Stat. 1534, permitted Secretary of the Army to provide for issue of military rifles and sale of ammunition for use in rifle instruction for civilians.
heading: Effective Date of Repeal
text: Repeal effective on the earlier of the date on which the Secretary of the Army submits a certification in accordance with section 5523 of [former] Title 36, Patriotic Societies and Observances, or Oct. 1, 1996, see section 1624(c) of Pub. L. 104–106, set out as an Effective Date of 1996 Amendment note under section 4316 of this title.
10 U.S.C. § 4312, 4313 (ARMED FORCES)
[§§ 4312, 4313. Repealed. Pub. L. 105–225, § 6(b), Aug. 12, 1998, 112 Stat. 1499]
text: Section 4312, act Aug. 10, 1956, ch. 1041, 70A Stat. 237, related to National rifle and pistol matches and small-arms firing school.
text: Section 4313, act Aug. 10, 1956, ch. 1041, 70A Stat. 237; Pub. L. 99–145, title XIII, § 1301(b)(3)(B), Nov. 8, 1985, 99 Stat. 735; Pub. L. 99–661, div. A, title III, § 318(b), Nov. 14, 1986, 100 Stat. 3855; Pub. L. 101–510, div. A, title III, § 328(a), Nov. 5, 1990, 104 Stat. 1533; Pub. L. 102–484, div. A, title III, § 380(c)(1), Oct. 23, 1992, 106 Stat. 2391; Pub. L. 103–35, title II, § 201(g)(10)(A), May 31, 1993, 107 Stat. 100; Pub. L. 104–106, div. A, title XVI, § 1624(b)(1), Feb. 10, 1996, 110 Stat. 522, related to expenses of National Matches and small-arms school.
10 U.S.C. § 4315 (ARMED FORCES)
§ 4315. The Judge Advocate General’s School: master of laws in military law
Under regulations prescribed by the Secretary of the Army, the Commandant of the Judge Advocate General’s School of the Army may, upon recommendation by the faculty of such school, confer the degree of master of laws (LL.M.) in military law upon graduates of the school who have fulfilled the requirements for that degree.
(Added Pub. L. 100–180, div. A, title V, § 504(a), Dec. 4, 1987, 101 Stat. 1086.)
10 U.S.C. § 4316 (ARMED FORCES)
§ 4316. Reporting requirements
The Secretary of the Army shall biennially submit to the Congress a report that specifies the overall expenditures for programs and activities under this chapter and any progress made with respect to achieving financial self-sufficiency of the programs and activities.
(Added Pub. L. 102–484, div. A, title III, § 380(d)(1), Oct. 23, 1992, 106 Stat. 2391; amended Pub. L. 104–106, div. A, title XVI, § 1624(b)(2), Feb. 10, 1996, 110 Stat. 522.)
heading: Codification
text: Another section 4316 was renumbered section 4317 of this title.
heading: Amendments
text: 1996—Pub. L. 104–106 struck out “, including fees charged and amounts collected pursuant to subsections (b) and (c) of section 4308,” after “under this chapter”.
heading: Effective Date of 1996 Amendment
text: Pub. L. 104–106, div. A, title XVI, § 1624(c), Feb. 10, 1996, 110 Stat. 522, provided that:
“The amendments made by this section [amending this section, section 4313 of this title, and section 925 of Title 18, Crimes and Criminal Procedure, and repealing sections 4307, 4308, 4310, and 4311 of this title] shall take effect on the earlier of—
“(1) the date on which the Secretary of the Army submits a certification in accordance with section 1623 [former 36 U.S.C. 5523]; or
“(2) October 1, 1996.”
heading: Effective Date
text: Section effective Oct. 1, 1992, see section 380(e) of Pub. L. 102–484, set out as an Effective Date of 1992 Amendment note under section 4309 of this title.
10 U.S.C. § 4317 (ARMED FORCES)
§ 4317. Military history fellowships
(a) Fellowships.—
The Secretary of the Army shall prescribe regulations under which the Secretary may award fellowships in military history of the Army to the persons described in subsection (b).
(b) Eligible Persons.—
The persons eligible for awards of fellowships under this section are citizens and nationals of the United States who—
(1) are graduate students in United States military history;
(2) have completed all requirements for a doctoral degree other than preparation of a dissertation; and
(3) agree to prepare a dissertation in a subject area of military history determined by the Secretary.
(c) Regulations.—
The regulations prescribed under this section shall include—
(1) the criteria for award of fellowships;
(2) the procedures for selecting recipients;
(3) the basis for determining the amount of a fellowship; and
(4) the total amount that may be awarded as fellowships during an academic year.
(Added Pub. L. 102–484, div. A, title X, § 1076(a), Oct. 23, 1992, 106 Stat. 2511, § 4316; renumbered § 4317, Pub. L. 103–35, title II, § 201(b)(2)(A), May 31, 1993, 107 Stat. 98.)
heading: Amendments
text: 1993—Pub. L. 103–35 renumbered section 4316 of this title as this section.
10 U.S.C. § 4319 (ARMED FORCES)
§ 4319. Recruit basic training: separate housing for male and female recruits
(a) Physically Separate Housing.—
(1) The Secretary of the Army 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 Army 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 Army 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 Army that constitutes the basic training of new recruits.
(Added Pub. L. 105–261, div. A, title V, § 521(a)(1), Oct. 17, 1998, 112 Stat. 2009.)
heading: Implementation
text: Pub. L. 105–261, div. A, title V, § 521(a)(3), Oct. 17, 1998, 112 Stat. 2010, provided that: “The Secretary of the Army shall implement section 4319 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.”
10 U.S.C. § 4320 (ARMED FORCES)
§ 4320. Recruit basic training: privacy
The Secretary of the Army shall require that access by drill sergeants 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 drill sergeants 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(a)(1), Oct. 17, 1998, 112 Stat. 2012.)
heading: Implementation
text: Pub. L. 105–261, div. A, title V, § 522(a)(3), Oct. 17, 1998, 112 Stat. 2012, provided that: “The Secretary of the Army shall implement section 4320 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.”
10 U.S.C. § 4321 (ARMED FORCES)
§ 4321. Degree granting authority for United States Army War College
(a) Authority.—
Under regulations prescribed by the Secretary of the Army, the Commandant of the United States Army War College may, upon the recommendation of the faculty and dean of the college, 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 United States Army War College 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 Army War College to award any new or existing degree.
(Added Pub. L. 106–65, div. A, title V, § 542(a), Oct. 5, 1999, 113 Stat. 607; amended Pub. L. 110–417, [div. A], title V, § 543(d)(1), Oct. 14, 2008, 122 Stat. 4459.)
heading: Amendments
text: 2008—Pub. L. 110–417 amended section generally. Prior to amendment, text read as follows: “Under regulations prescribed by the Secretary of the Army, the Commandant of the United States Army War College, upon the recommendation of the faculty and dean of the college, may confer the degree of master of strategic studies upon graduates of the college who have fulfilled the requirements for that degree.”
heading: Effective Date of 2008 Amendment
text: 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 2161 of this title.
10 U.S.C. § 4332 (ARMED FORCES)
§ 4332. Departments and professors: titles
(a) The Secretary of the Army may prescribe the titles of each of the departments of instruction and the professors of the Academy. However, the change of the title of a department or officer does not affect the status, rank, or eligibility for promotion or retirement of, or otherwise prejudice, a professor at the Academy.
(b) Upon becoming the senior professor in a department, a permanent professor thereby becomes the head of that department.
(Aug. 10, 1956, ch. 1041, 70A Stat. 238.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
4332(a)
4332(b)
10:1061a.
10:1087 (proviso).
Dec. 14, 1942, ch. 729, 56 Stat. 1049.
June 26, 1946, ch. 495, § 1 (proviso), 60 Stat. 312.
In subsection (a), the words “now or after December 14, 1942, established at” are omitted as surplusage. The word “precedence” is omitted as covered by the word “rank”. The words “pay, allowances” are omitted, since they are determined by the grade held. The words “from time to time”, “shall be known”, and “operate in any case or on any account” are omitted as surplusage.
10 U.S.C. § 4333a (ARMED FORCES)
§ 4333a. Superintendent: condition for detail to position
(a) Retirement.—
As a condition for detail to the position of Superintendent of the Academy, an officer shall acknowledge that upon termination of that detail the officer shall be retired pursuant to section 3921(a) of this title, unless such retirement is waived under section 3921(b) of this title.
(b) Minimum Tour of Duty.—
An officer who is detailed to the position of Superintendent of the Academy shall be so detailed for a period of not less than three years. In any case in which an officer serving as Superintendent is reassigned or retires before having completed three years service as Superintendent, or otherwise leaves that position (other than due to death) without having completed three years service in that position, the Secretary of the Army shall submit to Congress notice that such officer left the position of Superintendent without having completed three years service in that position, together with a statement of the reasons why that officer did not complete three years service in that position.
(Added Pub. L. 106–65, div. A, title V, § 532(a)(1)(B), Oct. 5, 1999, 113 Stat. 603; amended Pub. L. 108–375, div. A, title V, § 541(b)(1), Oct. 28, 2004, 118 Stat. 1902.)
heading: Amendments
text: 2004—Pub. L. 108–375 designated existing provisions as subsec. (a), inserted heading, inserted “pursuant to section 3921(a) of this title, unless such retirement is waived under section 3921(b) of this title” before period at end, and added subsec. (b).
heading: Application of Section to Superintendents Serving on October 5, 1999
text: Section not applicable to an officer serving on Oct. 5, 1999, in the position of Superintendent of the United States Military Academy, Naval Academy, or Air Force Academy for so long as that officer continues on and after that date to serve in that position without a break in service, see section 532(a)(5) of Pub. L. 106–65, set out as a note under section 3921 of this title.
10 U.S.C. § 4334 (ARMED FORCES)
§ 4334. Command and supervision
(a) The supervision and charge of the Academy is in the Department of the Army, under officers of the Army detailed to that duty by the Secretary of the Army.
(b) The immediate government of the Academy is under the Superintendent, who is also the commanding officer of the Academy and of the military post at West Point.
(c) The Commandant of Cadets is the immediate commander of the Corps of Cadets, and is in charge of the instruction of the Corps in tactics.
(d) The permanent professors and the director of admissions exercise command only in the academic department of the Academy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 239; Pub. L. 85–600, § 1(10), Aug. 6, 1958, 72 Stat. 523; Pub. L. 95–551, § 2, Oct. 30, 1978, 92 Stat. 2069.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
4334(a)
10:1041.
R.S. 1331.
4334(b)
10:1042.
R.S. 1311.
4334(c)
10:1065.
R.S. 1312.
4334(d)
10:1079.
June 28, 1902, ch. 1300 (1st proviso under “Permanent Establishment”), 32 Stat. 409.
In subsection (a), the word “detailed” is substituted for the word “assign” to conform to section 4333 of this title.
In subsection (b), the words “and, in his absence, the next in rank” are omitted as surplusage.
In subsection (c), the words “Corps of Cadets” are substituted for the words “battalion of cadets” to conform to section 4349 of this title and present terminology. The words “of artillery, cavalry, and infantry” are omitted as surplusage.
In subsection (d), reference to assimilated rank is omitted as superseded by section 4336 of this title. The words “and the associate professor” are omitted as obsolete.
heading: Amendments
text: 1978—Subsec. (d). Pub. L. 95–551 substituted “director of admissions” for “registrar”.
1958—Subsec. (d). Pub. L. 85–600 inserted “and the registrar” after “professors”.
10 U.S.C. § 4337 (ARMED FORCES)
§ 4337. Chaplain
There shall be a chaplain at the Academy, who must be a clergyman, appointed by the President for a term of four years. The chaplain is entitled to a monthly housing allowance in the same amount as the basic allowance for housing allowed to a lieutenant colonel, and to fuel and light for quarters in kind. The chaplain may be reappointed.
(Aug. 10, 1956, ch. 1041, 70A Stat. 239; Pub. L. 87–651, title I, § 117, Sept. 7, 1962, 76 Stat. 513; Pub. L. 107–107, div. A, title V, § 540(a), Dec. 28, 2001, 115 Stat. 1109.)
text: Historical and Revision Notes
1956 Act
Revised section
Source (U.S. Code)
Source (Statutes at Large)
4337
10:1083.
10:1137.
Feb. 18, 1896, ch. 22 (proviso), 29 Stat. 8; May 16, 1928, ch. 579, 45 Stat. 573; June 2, 1945, ch. 172, 59 Stat. 230.
The words “The chaplain may be reappointed” are substituted for the words “and said chaplain shall be eligible for reappointment for an additional term or terms”. The figures “$5,482.80” and “$6,714” are substituted for the figures “$4,000” and “$5,000” to reflect increases in the rates of salary of that office effected by the Federal Employees Pay Act of 1945, 59 Stat. 295, the Federal Employees Pay Act of 1946, 60 Stat. 216, the Postal Rate Revision and Federal Employees Salary Act of 1948, 62 Stat. 1260, and the Classification Act of 1949, 63 Stat. 954.
heading: 1962 Act
text: The change reflects the opinion of the Assistant General Counsel, Civil Service Commission (GC: JHF:fz, May 4, 1959), that those parts of section 4337 and 9337 of title 10 that relate to the salaries of the chaplains at the United States Military Academy and the United States Air Force Academy were superseded by the Classification Act of 1949 (5 U.S.C. 1071 et seq.). While the positions of chaplain at those Academies are not specifically covered by the Act, the Act has been determined to apply to those positions in accordance with section 203 thereof (5 U.S.C. 1083).
heading: Amendments
text: 2001—Pub. L. 107–107 substituted “a monthly housing allowance in the same amount as the basic allowance for housing allowed to a lieutenant colonel” for “the same allowances for public quarters as are allowed to a captain”.
1962—Pub. L. 87–651 struck out provisions which prescribed the salary of chaplain on appointment and reappointment.
heading: Effective Date of 2001 Amendment
text: Pub. L. 107–107, div. A, title V, § 540(b), Dec. 28, 2001, 115 Stat. 1109, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the first day of the first month beginning on or after the date of the enactment of this Act [Dec. 28, 2001].”
heading: Delegation of Functions
text: Functions of President under this section delegated to Secretary of Defense, see section 1(5) 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.