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10 U.S.C. § 9345 (ARMED FORCES)
§ 9345. Restoration to former grade: retired warrant officers and enlisted members
Each retired warrant officer or enlisted member of the Air Force who has been advanced on the retired list to a higher commissioned grade under section 9344 of this title, and who applies to the Secretary of the Air Force within three months after his advancement, shall, if the Secretary approves, be restored on the retired list to his former warrant-officer or enlisted status, as the case may be.
(Aug. 10, 1956, ch. 1041, 70A Stat. 555, § 8965; Pub. L. 100–180, div. A, title V, § 512(d)(3), Dec. 4, 1987, 101 Stat. 1090; Pub. L. 100–456, div. A, title XII, § 1233(i)(2)(A), Sept. 29, 1988, 102 Stat. 2058; renumbered § 9345 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(14), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
8965
10:1006.
June 29, 1948, ch. 708, § 204, 62 Stat. 1086.
The words “hereafter”, “rank or”, and “shall thereafter be deemed to be enlisted or warrant officer personnel, as appropriate, for all purposes” are omitted as surplusage. The words “three months from June 29, 1948” and “whichever is later” are omitted as executed.
heading: Prior Provisions
text: A prior section 9345, added Pub. L. 105–85, div. A, title V, § 542(c)(1), Nov. 18, 1997, 111 Stat. 1742; amended Pub. L. 106–65, div. A, title V, § 535(c), Oct. 5, 1999, 113 Stat. 606; Pub. L. 109–364, div. A, title V, § 531(c), Oct. 17, 2006, 120 Stat. 2199, related to exchange program with foreign military academies, prior to repeal by Pub. L. 114–328, div. A, title XII, § 1248(b)(1), Dec. 23, 2016, 130 Stat. 2525.
Another prior section 9345, act Aug. 10, 1956, ch. 1041, 70A Stat. 565, related to selection of Filipinos for instruction at the Air Force Academy, prior to repeal by Pub. L. 98–94, title X, § 1004(c)(2), (d), Sept. 24, 1983, 97 Stat. 660, effective one year after Sept. 24, 1983.
A prior section 9345a, added Pub. L. 110–417, [div. A], title V, § 541(c)(1), Oct. 14, 2008, 122 Stat. 4456; amended Pub. L. 113–291, div. A, title V, § 553(c), Dec. 19, 2014, 128 Stat. 3377, related to foreign and cultural exchange activities, prior to repeal by Pub. L. 114–328, div. A, title XII, § 1248(b)(1), Dec. 23, 2016, 130 Stat. 2525.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 8965 of this title as this section and substituted “section 9344” for “section 8964”.
1988—Pub. L. 100–456 substituted “retired” for “Regular Air Force” in section catchline.
1987—Pub. L. 100–180 struck out “Regular” before “Air Force who”.
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. § 9371 (ARMED FORCES)
§ 9371. Air University: civilian faculty members
(a) Authority of Secretary.—
The Secretary of the Air Force may employ as many civilians as professors, instructors, and lecturers at a school of the Air University 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 a school of the Air University after February 27, 1990.
(2) This section shall not apply with respect to professors, instructors, and lecturers employed at a school of the Air University if the duration of the principal course of instruction offered at that school is less than 10 months.
(Added Pub. L. 101–189, div. A, title XI, § 1124(d)(1), Nov. 29, 1989, 103 Stat. 1559, § 9021; amended Pub. L. 103–337, div. A, title X, § 1070(a)(17), Oct. 5, 1994, 108 Stat. 2856; renumbered § 9371, Pub. L. 115–232, div. A, title VIII, § 806(b)(16), Aug. 13, 2018, 132 Stat. 1833.)
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 9021 of this title as this section.
1994—Subsec. (c)(1). Pub. L. 103–337 substituted “after February 27, 1990” for “after the end of the 90-day period beginning on 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. § 9375 (ARMED FORCES)
§ 9375. 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 Air Force producing military supplies or munitions are 8 hours a day or 40 hours a week. However, under regulations prescribed by the Secretary of the Air Force 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. 558, § 9025; renumbered § 9375, Pub. L. 115–232, div. A, title VIII, § 806(b)(16), Aug. 13, 2018, 132 Stat. 1833.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
9025
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 9025 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. § 9377 (ARMED FORCES)
§ 9377. Civilian special agents of the Office of Special Investigations: authority to execute warrants and make arrests
(a) Authority.—
The Secretary of the Air Force may authorize any Department of the Air Force 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 Air Force who is a special agent of the Air Force Office of Special Investigations (or a successor to that office) whose duties include conducting, supervising, or coordinating investigations of criminal activity in programs and operations of the Department of the Air Force.
(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 Air Force and approved by the Secretary of Defense and the Attorney General and any other applicable guidelines prescribed by the Secretary of the Air Force, the Secretary of Defense, or the Attorney General.
(Added Pub. L. 106–398, § 1 [[div. A], title V, § 554(c)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–127, § 9027; renumbered § 9377, Pub. L. 115–232, div. A, title VIII, § 806(b)(16), Aug. 13, 2018, 132 Stat. 1833.)
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 9027 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. § 9402 (ARMED FORCES)
§ 9402. Enlisted members of Air 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 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 in this instruction.
(b) Schools for the instruction of enlisted members of the Air 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 are stationed. The Secretary may detail members of the Air 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.)
text: 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.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 9302 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: 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.
10 U.S.C. § 9403 (ARMED FORCES)
§ 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.)
text: 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.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 9303 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. § 9404 (ARMED FORCES)
§ 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.)
text: 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”.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 9304 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. § 9405 (ARMED FORCES)
§ 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.)
text: 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.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 9305 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. § 9406 (ARMED FORCES)
§ 9406. Service schools: leaves of absence for instructors
The officer in charge of an Air 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.)
text: 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.
heading: Prior Provisions
text: Prior sections 9411 to 9413 were renumbered sections 9481 to 9483 of this title, respectively.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 9306 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. § 9414b (ARMED FORCES)
§ 9414b. United States Air Force Institute of Technology: administration
(a) Commandant.—
(1) Selection.—
The Commandant of the United States Air Force Institute of Technology shall be selected by the Secretary of the Air Force.
(2) Eligibility.—
The Commandant shall be one of the following:
(A) An officer of the Air 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 in a grade not below brigadier general, who has the qualifications appropriate for the position of Commandant 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 commandant.—
An individual selected for the position of Commandant 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 Academic Dean.—
(1) In general.—
There is established at the United States Air Force Institute of Technology the civilian position of Provost and Academic Dean who shall be appointed by the Secretary.
(2) Term.—
An individual appointed to the position of Provost and Academic Dean shall serve in that position for a term of five years.
(3) Compensation.—
The individual serving as Provost and Academic Dean 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.)
heading: References in Text
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.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 9314b 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. § 9419 (ARMED FORCES)
§ 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 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.)
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 9319 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(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.”