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10 U.S.C. § 7371 (ARMED FORCES)
§ 7371. Army War College and United States Army Command and General Staff College: civilian faculty members
(a) Authority of Secretary.—
The Secretary of the Army may employ as many civilians as professors, instructors, and lecturers at the Army War College or the United States Army Command and General Staff College as the Secretary considers necessary.
(b) Compensation of Faculty Members.—
The compensation of persons employed under this section shall be as prescribed by the Secretary.
(c) Application to Certain Faculty Members.—
(1) Except as provided in paragraph (2), this section shall apply with respect to persons who are selected by the Secretary for employment as professors, instructors, and lecturers at the Army War College or the United States Army Command and General Staff College after the end of the 90-day period beginning on November 29, 1989.
(2) This section shall not apply with respect to professors, instructors, and lecturers employed at the Army War College or the United States Army Command and General Staff College if the duration of the principal course of instruction offered at the college involved is less than 10 months.
(Added Pub. L. 101–189, div. A, title XI, § 1124(b)(1), Nov. 29, 1989, 103 Stat. 1558, § 4021; amended Pub. L. 107–107, div. A, title X, § 1048(c)(12), Dec. 28, 2001, 115 Stat. 1226; renumbered § 7371, Pub. L. 115–232, div. A, title VIII, § 808(b)(15), Aug. 13, 2018, 132 Stat. 1839.)
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 4021 of this title as this section.
2001—Subsec. (c)(1). Pub. L. 107–107 substituted “November 29, 1989” for “the date of the enactment of this section”.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 7374 (ARMED FORCES)
§ 7374. Expert accountant for Inspector General
The Secretary of the Army shall appoint an expert accountant to perform duties under the Inspector General.
(Aug. 10, 1956, ch. 1041, 70A Stat. 234, § 4024; renumbered § 7374, Pub. L. 115–232, div. A, title VIII, § 808(b)(15), Aug. 13, 2018, 132 Stat. 1839.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
4024
10:52.
Feb. 24, 1891, ch. 284 (7th clause under “Miscellaneous”), 26 Stat. 773.
The words “in case of vacancy” are omitted as surplusage.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 4024 of this title as this section.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 7375 (ARMED FORCES)
§ 7375. Production of supplies and munitions: hours and pay of laborers and mechanics
During a national emergency declared by the President, the regular working hours of laborers and mechanics of the Department of the Army producing military supplies or munitions are 8 hours a day or 40 hours a week. However, under regulations prescribed by the Secretary of the Army these hours may be exceeded. Each laborer or mechanic who works more than 40 hours in a workweek shall be paid at a rate not less than one and one-half times the regular hourly rate for each hour in excess of 40.
(Aug. 10, 1956, ch. 1041, 70A Stat. 234, § 4025; renumbered § 7375, Pub. L. 115–232, div. A, title VIII, § 808(b)(15), Aug. 13, 2018, 132 Stat. 1839.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
4025
5:189a.
July 2, 1940, ch. 508, § 4(b), 54 Stat. 714.
The words “Notwithstanding the provisions of any other law” are omitted as surplusage. The word “producing” is substituted for the words “who are engaged in the manufacture or production”. The last sentence is substituted for 5:189a (last 34 words).
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 4025 of this title as this section.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 7377 (ARMED FORCES)
§ 7377. Civilian special agents of the Criminal Investigation Command: authority to execute warrants and make arrests
(a) Authority.—
The Secretary of the Army may authorize any Department of the Army civilian employee described in subsection (b) to have the same authority to execute and serve warrants and other processes issued under the authority of the United States and to make arrests without a warrant as may be authorized under section 1585a of this title for special agents of the Defense Criminal Investigative Service.
(b) Agents To Have Authority.—
Subsection (a) applies to any employee of the Department of the Army who is a special agent of the Army Criminal Investigation Command (or a successor to that command) whose duties include conducting, supervising, or coordinating investigations of criminal activity in programs and operations of the Department of the Army.
(c) Guidelines for Exercise of Authority.—
The authority provided under subsection (a) shall be exercised in accordance with guidelines prescribed by the Secretary of the Army and approved by the Secretary of Defense and the Attorney General and any other applicable guidelines prescribed by the Secretary of the Army, the Secretary of Defense, or the Attorney General.
(Added Pub. L. 106–398, § 1 [[div. A], title V, § 554(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–126, § 4027; renumbered § 7377, Pub. L. 115–232, div. A, title VIII, § 808(b)(15), Aug. 13, 2018, 132 Stat. 1839.)
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 4027 of this title as this section.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 7402 (ARMED FORCES)
§ 7402. 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, § 4302; renumbered § 7402, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
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: Amendments
text: 2018—Pub. L. 115–232 renumbered section 4302 of this title as this section.
heading: Effective Date of 2018 Amendment
text: 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.
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. § 7406 (ARMED FORCES)
§ 7406. 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, § 4306; renumbered § 7406, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
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.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 4306 of this title as this section.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 7415 (ARMED FORCES)
§ 7415. 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, § 4315; renumbered § 7415, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 4315 of this title as this section.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 7417 (ARMED FORCES)
§ 7417. 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; renumbered § 7417, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 4317 of this title as this section.
1993—Pub. L. 103–35 renumbered section 4316 of this title as this section.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 7419 (ARMED FORCES)
§ 7419. 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, § 4319; renumbered § 7419, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 4319 of this title as this section.
heading: Effective Date of 2018 Amendment
text: 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.
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 [now 7419] 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. § 7420 (ARMED FORCES)
§ 7420. 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, § 4320; renumbered § 7420, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
heading: Prior Provisions
text: A prior section 7420 was renumbered section 8720 of this title.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 4320 of this title as this section.
heading: Effective Date of 2018 Amendment
text: 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.
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 [now 7420] 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. § 7432 (ARMED FORCES)
§ 7432. 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, § 4332; renumbered § 7432, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
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.
heading: Prior Provisions
text: A prior section 7432 was renumbered section 8732 of this title.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 4332 of this title as this section.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 7433a (ARMED FORCES)
§ 7433a. 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 7321(a) of this title, unless such retirement is waived under section 7321(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, § 4333a; amended Pub. L. 108–375, div. A, title V, § 541(b)(1), Oct. 28, 2004, 118 Stat. 1902; renumbered § 7433a and amended Pub. L. 115–232, div. A, title VIII, §§ 808(c)(1), 809(a), Aug. 13, 2018, 132 Stat. 1839, 1840.)
heading: Amendments
text: 2018—Pub. L. 115–232, § 808(c)(1), renumbered section 4333a of this title as this section.
Subsec. (a). Pub. L. 115–232, § 809(a), substituted “section 7321(a)” for “section 3921(a)” and “section 7321(b)” for “section 3921(b)”.
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: Effective Date of 2018 Amendment
text: 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.
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 7321 of this title.
10 U.S.C. § 7438 (ARMED FORCES)
§ 7438. Civilian faculty: number; compensation
(a) The Secretary of the Army may employ as many civilians as professors, instructors, and lecturers at the Academy as the Secretary considers necessary.
(b) The compensation of persons employed under this section is as prescribed by the Secretary.
(c) The Secretary of the Army may, notwithstanding the provisions of subchapter V of chapter 55 of title 5 or section 6101 of such title, prescribe for persons employed under this section the following:
(1) The work schedule, including hours of work and tours of duty, set forth with such specificity and other characteristics as the Secretary determines appropriate.
(2) Any premium pay or compensatory time off for hours of work or tours of duty in excess of the regularly scheduled hours or tours of duty.
(Added Pub. L. 103–160, div. A, title V, § 533(a)(1), Nov. 30, 1993, 107 Stat. 1658, § 4338; amended Pub. L. 106–65, div. A, title XI, § 1107(a), Oct. 5, 1999, 113 Stat. 778; renumbered § 7438, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
heading: Prior Provisions
text: Prior sections 7438 and 7439 were renumbered sections 8738 and 8739 of this title, respectively.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 4338 of this title as this section.
1999—Subsec. (c). Pub. L. 106–65 added subsec. (c).
heading: Effective Date of 2018 Amendment
text: 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.