US (United States) Code. Title 10. Subtitle B. Part III. Chapter 401: Training generally

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Armed Forces

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-CITE-

10 USC CHAPTER 401 - TRAINING GENERALLY 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 401 - TRAINING GENERALLY

.

-HEAD-

CHAPTER 401 - TRAINING GENERALLY

-MISC1-

Sec.

4301. Members of Army: detail as students, observers, and

investigators at educational institutions, industrial plants, and

hospitals.

4302. Enlisted members of Army: schools.

4303. Army Ranger training: instructor staffing; safety.

4306. Service schools: leaves of absence for instructors.

(4307, 4308. Repealed.)

4309. Rifle ranges: availability for use by members and civilians.

(4310 to 4313. Repealed.)

4314. United States Army Command and General Staff College degree.

4315. The Judge Advocate General's School: master of laws in

military law.

4316. Reporting requirements.

4317. Military history fellowships.

4318. Drill sergeant trainees: human relations training.

4319. Recruit basic training: separate housing for male and female

recruits.

4320. Recruit basic training: privacy.

4321. United States Army War College: master of strategic studies

degree.

AMENDMENTS

1999 - Pub. L. 106-65, div. A, title V, Sec. 542(b), Oct. 5,

1999, 113 Stat. 607, added item 4321.

1998 - Pub. L. 105-261, div. A, title V, Sec. 521(a)(2),

522(a)(2), Oct. 17, 1998, 112 Stat. 2010, 2012, added items 4319

and 4320.

Pub. L. 105-225, Sec. 6(b), Aug. 12, 1998, 112 Stat. 1499,

repealed items 4312 ''National rifle and pistol matches: small-arms

firing school'' and 4313 ''National Matches and small-arms school:

expenses''.

1997 - Pub. L. 105-85, div. A, title V, Sec. 557(a)(2), Nov. 18,

1997, 111 Stat. 1750, added item 4318.

1996 - Pub. L. 104-106, div. A, title V, Sec. 562(a)(2), title

XVI, Sec. 1624(a)(2), Feb. 10, 1996, 110 Stat. 324, 522, added item

4303 and struck out items 4307 ''Director of civilian marksmanship:

detail'', 4308 ''Promotion of civilian marksmanship: authority of

the Secretary of the Army'', 4310 ''Rifle instruction: detail of

members of Army'', and 4311 ''Rifle instruction: issue of rifles

and ammunition''.

1993 - Pub. L. 103-35, title II, Sec. 201(b)(2)(B), (g)(10)(B),

May 31, 1993, 107 Stat. 98, 100, substituted ''National Matches and

small-arms school'' for ''Promotion of civilian marksmanship'' in

item 4313, struck out item 4316 ''Military history fellowships'',

and added item 4317.

1992 - Pub. L. 102-484, div. A, title III, Sec. 380(a)(2),

(b)(2), (d)(2), title X, Sec. 1076(b), Oct. 23, 1992, 106 Stat.

2390, 2391, 2512, added items 4308 and 4309 and struck out former

items 4308 and 4309, resulting in no change in item 4308 and in

substituting ''availability'' for ''available'' in item 4309, and

added two items 4316.

Pub. L. 102-484, div. A, title III, Sec. 380(c)(2), Oct. 23,

1992, 106 Stat. 2391, which directed amendment of item 4313 by

striking out ''rifle'', could not be executed because the word did

not appear subsequent to amendment by Pub. L. 101-510. See 1990

Amendment note below.

1990 - Pub. L. 101-510, div. A, title III, Sec. 328(g)(2), Nov.

5, 1990, 104 Stat. 1534, added items 4308, 4309, and 4313 and

struck out former items 4308 ''Civilian rifle ranges:

establishment; instruction'', 4309 ''Rifle ranges: recommendations

to Congress; regulations'', and 4313 ''National rifle matches and

small-arms school: expenses''.

1987 - Pub. L. 100-180, div. A, title V, Sec. 504(b), Dec. 4,

1987, 101 Stat. 1086, added item 4315.

1974 - Pub. L. 93-365, title VII, Sec. 708(a)(2), Aug. 5, 1974,

88 Stat. 407, added item 4314.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 18 section 925.

-CITE-

10 USC Sec. 4301 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 401 - TRAINING GENERALLY

-HEAD-

Sec. 4301. Members of Army: detail as students, observers, and

investigators at educational institutions, industrial plants,

and hospitals

-STATUTE-

(a) The Secretary of the Army may detail members of the Army 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 Army on the

active-duty list, 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 Army may be detailed as a student,

observer, or investigator, or ordered to active duty under this

section, without his consent and, if a member of the Army National

Guard of the United States, without the approval of the governor or

other appropriate authority of the State or Territory, Puerto Rico,

or the District of Columbia of whose Army National Guard he 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 Army

under subsection (a) during one enlistment 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 Army, 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 Army, 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

Army.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 234; Pub. L. 93-169, Nov. 29,

1973, 87 Stat. 689; Pub. L. 96-513, title V, Sec. 502(23), Dec. 12,

1980, 94 Stat. 2910; Pub. L. 100-456, div. A, title XII, Sec.

1234(a)(1), Sept. 29, 1988, 102 Stat. 2059.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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4301(a) 4301(b) 10:535 (1st 75 June 3, 1916, ch.

4301(c) 4301(d) words). 10:535 134, Sec. 127a

4301(e) 4301(f) (less 1st 75 words, (13th par.); added

4301(g) and less provisos). June 4, 1920, ch.

10:535 (1st 227, subch. I, Sec.

proviso). 10:535 51 (13th par.);

(words of 2d restated June 8,

proviso before 1926, ch. 495; May

semicolon). 10:535 13, 1941, ch. 113;

(words of 2d June 30, 1941, ch.

proviso after 262 (4th proviso

semicolon). 10:535 under ''Finance

(last proviso). Department'');

10:535a. restated June 19,

1948, ch. 501, Sec.

1, 62 Stat. 477.

June 19, 1948, ch.

501, Sec. 2, 62

Stat. 478.

-------------------------------

In subsection (a), the words ''members of the Army'' are

substituted for the words ''personnel of the Army 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 Army on the active list'' are

inserted, since members of the Regular Army 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 Army 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 a discharge'' are substituted for the words ''be

discharged''.

In subsection (e), the words ''during one enlistment'' are

inserted for clarity.

In subsection (f), the last sentence is substituted for 10:535

(words within parentheses of last proviso).

In subsection (g), the words ''under this section'' are

substituted for 10:535a (9th through 41st words).

AMENDMENTS

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'' in first sentence.

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.

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.

DETAIL OF PERSONNEL OF ALL COMPONENTS OF ARMY DURING WORLD WAR II

Act Feb. 6, 1942, ch. 40, 56 Stat. 50, as amended by act Mar. 6,

1943, ch. 13, 57 Stat. 14, provided for the detail of all

components of the Army during World War II.

-CITE-

10 USC Sec. 4302 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 401 - TRAINING GENERALLY

-HEAD-

Sec. 4302. Enlisted members of Army: schools

-STATUTE-

(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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 235.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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4302(a) 4302(b) 10:1176. 10:1172. June 3, 1916, ch.

134, Sec. 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.

-TRANS-

DELEGATION OF FUNCTIONS

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.

-CITE-

10 USC Sec. 4303 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 401 - TRAINING GENERALLY

-HEAD-

Sec. 4303. Army Ranger training: instructor staffing; safety

-STATUTE-

(a) Levels of Personnel Assigned. - (1) The Secretary of the Army

shall ensure that at all times the number of officers, and the

number of enlisted members, permanently assigned to the Ranger

Training Brigade (or other organizational element of the Army

primarily responsible for Ranger student training) are not less

than 90 percent of the required manning spaces for officers, and

for enlisted members, respectively, for that brigade.

(2) In this subsection, the term ''required manning spaces''

means the number of personnel spaces for officers, and the number

of personnel spaces for enlisted members, that are designated in

Army authorization documents as the number required to accomplish

the missions of a particular unit or organization.

(b) Training Safety Cells. - (1) The Secretary of the Army shall

establish and maintain an organizational entity known as a ''safety

cell'' as part of the organizational elements of the Army

responsible for conducting each of the three major phases of the

Ranger Course. The safety cell in each different geographic area of

Ranger Course training shall be comprised of personnel who have

sufficient continuity and experience in that geographic area of

such training to be knowledgeable of the local conditions

year-round, including conditions of terrain, weather, water, and

climate and other conditions and the potential effect on those

conditions on Ranger student training and safety.

(2) Members of each safety cell shall be assigned in sufficient

numbers to serve as advisers to the officers in charge of the major

phase of Ranger training and shall assist those officers in making

informed daily ''go'' and ''no-go'' decisions regarding training in

light of all relevant conditions, including conditions of terrain,

weather, water, and climate and other conditions.

-SOURCE-

(Added Pub. L. 104-106, div. A, title V, Sec. 562(a)(1), Feb. 10,

1996, 110 Stat. 323.)

-MISC1-

ACCOMPLISHMENT OF REQUIRED MANNING LEVELS; GAO ASSESSMENT

Section 562(b), (c) of Pub. L. 104-106 provided that:

''(b) Accomplishment of Required Manning Levels. - (1) If, as of

the date of the enactment of this Act (Feb. 10, 1996), the number

of officers, and the number of enlisted members, permanently

assigned to the Army Ranger Training Brigade are not each at (or

above) the requirement specified in subsection (a) of section 4303

of title 10, United States Code, as added by subsection (a), the

Secretary of the Army shall -

''(A) take such steps as necessary to accomplish that

requirement within 12 months after such date of enactment; and

''(B) submit to Congress, not later than 90 days after such

date of enactment, a plan to achieve and maintain that

requirement.

''(2) The requirement specified in subsection (a) of section 4303

of title 10, United States Code, as added by subsection (a), shall

expire two years after the date (on or after the date of the

enactment of this Act) on which the required manning levels

referred to in paragraph (1) are first attained.

''(c) GAO Assessment. - (1) Not later than one year after the

date of the enactment of this Act (Feb. 10, 1996), the Comptroller

General shall submit to Congress a report providing a preliminary

assessment of the implementation and effectiveness of all

corrective actions taken by the Army as a result of the February

1995 accident at the Florida Ranger Training Camp, including an

evaluation of the implementation of the required manning levels

established by subsection (a) of section 4303 of title 10, United

States Code, as added by subsection (a).

''(2) At the end of the two-year period specified in subsection

(b)(2), the Comptroller General shall submit to Congress a report

providing a final assessment of the matters covered in the

preliminary report under paragraph (1). The report shall include

the Comptroller General's recommendation as to the need to continue

required statutory manning levels as specified in subsection (a) of

section 4303 of title 10, United States Code, as added by

subsection (a).''

-CITE-

10 USC Sec. 4306 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 401 - TRAINING GENERALLY

-HEAD-

Sec. 4306. Service schools: leaves of absence for instructors

-STATUTE-

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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 235.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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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.

-CITE-

10 USC Sec. 4307, 4308 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 401 - TRAINING GENERALLY

-HEAD-

(Sec. 4307, 4308. Repealed. Pub. L. 104-106, div. A, title XVI,

Sec. 1624(a)(1), Feb. 10, 1996, 110 Stat. 522)

-MISC1-

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.

Section 4308, acts Aug. 10, 1956, ch. 1041, 70A Stat. 236; Nov.

14, 1986, Pub. L. 99-661, div. A, title III, Sec. 318(a), 100

Stat. 3855; Nov. 5, 1990, Pub. L. 101-510, div. A, title III, Sec.

328(b)-(d), (g)(1), 104 Stat. 1533, 1534; Oct. 23, 1992, Pub. L.

102-484, div. A, title III, Sec. 380(a)(1), 106 Stat. 2389; Nov.

30, 1993, Pub. L. 103-160, div. A, title III, Sec. 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.

EFFECTIVE DATE OF REPEAL

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.

-CITE-

10 USC Sec. 4309 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 401 - TRAINING GENERALLY

-HEAD-

Sec. 4309. Rifle ranges: availability for use by members and

civilians

-STATUTE-

(a) Ranges Available. - All rifle ranges constructed in whole or

in part with funds provided by the United States may be used by

members of the armed forces and by persons capable of bearing arms.

(b) Military Ranges. - (1) In the case of a rifle range referred

to in subsection (a) that is located on a military installation,

the Secretary concerned may establish reasonable fees for the use

by civilians of that rifle range to cover the material and supply

costs incurred by the armed forces to make that rifle range

available to civilians.

(2) Fees collected pursuant to paragraph (1) in connection with

the use of a rifle range shall be credited to the appropriation

available for the operation and maintenance of that rifle range and

shall be available for the operation and maintenance of that rifle

range.

(3) Use of a rifle range referred to in paragraph (1) by

civilians may not interfere with the use of the range by members of

the armed forces.

(c) Regulations. - Regulations to carry out this section with

respect to a rifle range shall be prescribed, subject to the

approval of the Secretary concerned, by the authorities controlling

the rifle range.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 236; Pub. L. 99-145, title

XIII, Sec. 1301(b)(3)(A), Nov. 8, 1985, 99 Stat. 735; Pub. L.

101-510, div. A, title III, Sec. 328(e), Nov. 5, 1990, 104 Stat.

1533; Pub. L. 102-484, div. A, title III, Sec. 380(b)(1), Oct. 23,

1992, 106 Stat. 2390.)

-MISC1-

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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4309(a) 4309(b) 32:186 (1st June 3, 1916, ch.

sentence). 32:186 134, Sec. 113 (1st

(less 1st 2 sentences), 39

sentence). Stat. 211.

-------------------------------

In subsection (a), the words ''such a comprehensive * * * as will

ultimately result in'' are omitted as surplusage.

In subsection (b), the words ''United States'' are substituted

for the word ''Congress''. The words ''members of the armed

forces'' are substituted for the words ''those in any branch of the

military or naval service''. The words ''of the United States''

are omitted as surplusage.

AMENDMENTS

1992 - Pub. L. 102-484 amended section generally. Prior to

amendment section read as follows:

''(a) Ranges Available. - (1) All rifle ranges constructed in

whole or in part with funds provided by the United States may be

used by members of the armed forces and by able-bodied persons

capable of bearing arms.

''(b) Military Ranges. - (1) In the case of a rifle range

referred to in subsection (a) located on a military installation,

the Secretary of the Army shall establish reasonable fees for the

use by civilians of that rifle range to cover any costs incurred by

the Army to make that rifle range available to civilians.

''(2) Use of a rifle range referred to in paragraph (1) by

civilians may not interfere with the use of those ranges by members

of the armed forces.

''(c) Regulations. - Regulations to carry out this section shall

be prescribed by the authorities controlling the rifle range,

subject to the approval of the Secretary of the Army.''

1990 - Pub. L. 101-510 substituted ''Rifle ranges: available for

use by members and civilians'' for ''Rifle ranges: recommendations

to Congress; regulations'' in section catchline and amended text

generally. Prior to amendment, text read as follows:

''(a) The Secretary of the Army shall submit annually to Congress

recommendations and estimates for the establishment and maintenance

of indoor and outdoor rifle ranges under a plan to provide

facilities for rifle practice in all sections of the country.

''(b) All rifle ranges established under subsection (a) and all

rifle ranges already constructed, in whole or in part with funds

provided by the United States, may be used by members of the armed

forces and by all able-bodied persons capable of bearing arms,

under regulations prescribed by the authorities controlling those

ranges and approved by the Secretary.''

1985 - Subsec. (b). Pub. L. 99-145 substituted ''persons'' for

''males''.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 380(e) of Pub. L. 102-484 provided that:

''(1) This section (enacting section 4316 of this title and

amending this section and sections 4308 and 4313 of this title) and

the amendments made by this section shall take effect on the

earlier of -

''(A) the date of the enactment of this Act (Oct. 23, 1992); or

''(B) October 1, 1992.

''(2) If under paragraph (1) the amendments made by this section

take effect before October 1, 1992, the amendments made by section

328 of the National Defense Authorization Act for Fiscal Year 1991

(Public Law 101-510; 104 Stat. 1533) shall not take effect.

''(3) If under paragraph (1) the amendments made by this section

take effect on October 1, 1992, the amendments made by this section

shall be considered executed immediately following the amendments

made by section 328 of the National Defense Authorization Act for

Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1533).''

EFFECTIVE DATE OF 1990 AMENDMENT

Section 328(h) of Pub. L. 101-510 provided that: ''The amendments

made by this section (amending this section and sections 4308,

4311, and 4313 of this title) shall take effect on October 1,

1992.''

-CITE-

10 USC Sec. 4310, 4311 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 401 - TRAINING GENERALLY

-HEAD-

(Sec. 4310, 4311. Repealed. Pub. L. 104-106, div. A, title XVI,

Sec. 1624(a)(1), Feb. 10, 1996, 110 Stat. 522)

-MISC1-

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.

Section 4311, acts Aug. 10, 1956, ch. 1041, 70A Stat. 237; Nov.

5, 1990, Pub. L. 101-510, div. A, title III, Sec. 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.

EFFECTIVE DATE OF REPEAL

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.

-CITE-

10 USC Sec. 4312, 4313 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 401 - TRAINING GENERALLY

-HEAD-

(Sec. 4312, 4313. Repealed. Pub. L. 105-225, Sec. 6(b), Aug. 12,

1998, 112 Stat. 1499)

-MISC1-

Section 4312, act Aug. 10, 1956, ch. 1041, 70A Stat. 237, related

to National rifle and pistol matches and small-arms firing school.

Section 4313, act Aug. 10, 1956, ch. 1041, 70A Stat. 237; Pub. L.

99-145, title XIII, Sec. 1301(b)(3)(B), Nov. 8, 1985, 99 Stat. 735;

Pub. L. 99-661, div. A, title III, Sec. 318(b), Nov. 14, 1986, 100

Stat. 3855; Pub. L. 101-510, div. A, title III, Sec. 328(a), Nov.

5, 1990, 104 Stat. 1533; Pub. L. 102-484, div. A, title III, Sec.

380(c)(1), Oct. 23, 1992, 106 Stat. 2391; Pub. L. 103-35, title II,

Sec. 201(g)(10)(A), May 31, 1993, 107 Stat. 100; Pub. L. 104-106,

div. A, title XVI, Sec. 1624(b)(1), Feb. 10, 1996, 110 Stat. 522,

related to expenses of National Matches and small-arms school.

-CITE-

10 USC Sec. 4314 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 401 - TRAINING GENERALLY

-HEAD-

Sec. 4314. United States Army Command and General Staff College

degree

-STATUTE-

Under regulations prescribed by the Secretary of the Army, and

with the approval of a nationally recognized civilian accrediting

association approved by the Secretary of Education, the Commandant

of the United States Army Command and General Staff College may

upon recommendation by the faculty confer the degree of master of

military art and science upon graduates of the college who have

fulfilled the following degree requirements: a minimum of thirty

semester hours of graduate credit, including a masters thesis of

six to eight semester hours, and a demonstration of competence in

the discipline of military art and science as evidenced by

satisfactory performance on a general comprehensive examination.

These requirements may be altered only with the approval of such

association.

-SOURCE-

(Added Pub. L. 93-365, title VII, Sec. 708(a)(1), Aug. 5, 1974, 88

Stat. 407; amended Pub. L. 96-513, title V, Sec. 512(11), Dec. 12,

1980, 94 Stat. 2929; Pub. L. 101-510, div. A, title XIII, Sec.

1322(a)(13), Nov. 5, 1990, 104 Stat. 1671.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-510 struck out at end ''The Secretary of the

Army shall report annually to the Committees on Armed Services of

the Senate and House of Representatives the following information:

(1) the criteria which must be met to entitle a student to award of

the degree, (2) whether such criteria have changed in any respect

during the reporting year, (3) the number of students in the most

recent resident course graduating class, (4) the number of such

students who were enrolled in the master of military art and

science program, and (5) the number of students successfully

completing the master of military art and science program.''

1980 - Pub. L. 96-513 substituted ''Secretary of Education'' for

''Commissioner of Education, Department of Health, Education, and

Welfare''.

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.

RETROACTIVE DEGREE CONFERRAL; MAXIMUM AMOUNT

Section 708(b) of Pub. L. 93-365 provided that: ''The Commandant

of the United States Army Command and General Staff College may

confer the degree of master of military art and science upon

graduates of the college who have completed the requirements for

that degree since 1964 but prior to the enactment of this Act (Aug.

5, 1974); but the number of such degrees awarded for such period

may not exceed two hundred.''

-CITE-

10 USC Sec. 4315 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 401 - TRAINING GENERALLY

-HEAD-

Sec. 4315. The Judge Advocate General's School: master of laws in

military law

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 100-180, div. A, title V, Sec. 504(a), Dec. 4,

1987, 101 Stat. 1086.)

-CITE-

10 USC Sec. 4316 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 401 - TRAINING GENERALLY

-HEAD-

Sec. 4316. Reporting requirements

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 102-484, div. A, title III, Sec. 380(d)(1), Oct.

23, 1992, 106 Stat. 2391; amended Pub. L. 104-106, div. A, title

XVI, Sec. 1624(b)(2), Feb. 10, 1996, 110 Stat. 522.)

-COD-

CODIFICATION

Another section 4316 was renumbered section 4317 of this title.

-MISC3-

AMENDMENTS

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''.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 1624(c) of Pub. L. 104-106 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.''

EFFECTIVE DATE

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.

-CITE-

10 USC Sec. 4317 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 401 - TRAINING GENERALLY

-HEAD-

Sec. 4317. Military history fellowships

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 102-484, div. A, title X, Sec. 1076(a), Oct. 23,

1992, 106 Stat. 2511, Sec. 4316; renumbered Sec. 4317, Pub. L.

103-35, title II, Sec. 201(b)(2)(A), May 31, 1993, 107 Stat. 98.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-35 renumbered section 4316 of this title as

this section.

-CITE-

10 USC Sec. 4318 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 401 - TRAINING GENERALLY

-HEAD-

Sec. 4318. Drill sergeant trainees: human relations training

-STATUTE-

(a) Human Relations Training Required. - The Secretary of the

Army shall include as part of the training program for drill

sergeants a course in human relations. The course shall be a

minimum of two days in duration.

(b) Resources. - In developing a human relations course under

this section, the Secretary shall use the capabilities and

expertise of the Defense Equal Opportunity Management Institute

(DEOMI).

-SOURCE-

(Added Pub. L. 105-85, div. A, title V, Sec. 557(a)(1), Nov. 18,

1997, 111 Stat. 1750.)

-MISC1-

EFFECTIVE DATE

Section 557(b) of Pub. L. 105-85, as amended by Pub. L. 106-65,

div. A, title X, Sec. 1066(c)(1), Oct. 5, 1999, 113 Stat. 773,

provided that: ''Section 4318 of title 10, United States Code, as

added by subsection (a), shall apply with respect to drill sergeant

trainee classes that begin after the end of the 90-day period

beginning on the date of the enactment of this Act (Nov. 18,

1997).''

REFORM OF ARMY DRILL SERGEANT SELECTION AND TRAINING PROCESS

Section 556 of Pub. L. 105-85 provided that:

''(a) In General. - The Secretary of the Army shall reform the

process for selection and training of drill sergeants for the Army.

''(b) Measures To Be Taken. - As part of such reform, the

Secretary shall undertake the following measures (unless, in the

case of any such measure, the Secretary determines that that

measure would not result in improved effectiveness and efficiency

in the drill sergeant selection and training process):

''(1) Review the overall process used by the Department of the

Army for selection of drill sergeants to determine -

''(A) whether that process is providing drill sergeant

candidates in sufficient quantity and quality to meet the needs

of the training system; and

''(B) whether duty as a drill sergeant is a career-enhancing

assignment (or is seen by potential drill sergeant candidates

as a career-enhancing assignment) and what steps could be taken

to ensure that such duty is in fact a career-enhancing

assignment.

''(2) Incorporate into the selection process for all drill

sergeants the views and recommendations of the officers and

senior noncommissioned officers in the chain of command of each

candidate for selection (particularly those of senior

noncommissioned officers) regarding the candidate's suitability

and qualifications to be a drill sergeant.

''(3) Establish a requirement for psychological screening for

each drill sergeant candidate.

''(4) Reform the psychological screening process for drill

sergeant candidates to improve the quality, depth, and rigor of

that screening process.

''(5) Revise the evaluation system for drill sergeants in

training to provide for a so-called 'whole person' assessment

that gives insight into the qualifications and suitability of a

drill sergeant candidate beyond the candidate's ability to

accomplish required performance tasks.

''(6) Revise the Army military personnel records system so

that, under conditions and circumstances to be specified in

regulations prescribed by the Secretary, a drill sergeant trainee

who fails to complete the training to be a drill sergeant and is

denied graduation will not have the fact of that failure recorded

in those personnel records.

''(7) Provide each drill sergeant in training with the

opportunity, before or during that training, to work with new

recruits in initial entry training and to be evaluated on that

opportunity.

''(c) Report. - Not later than March 31, 1998, the Secretary

shall submit to the Committee on National Security of the House of

Representatives and the Committee on Armed Services of the Senate a

report of the reforms adopted pursuant to this section or, in the

case of any measure specified in any of paragraphs (1) through (7)

of subsection (b) that was not adopted, the rationale why that

measure was not adopted.''

-CITE-

10 USC Sec. 4319 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 401 - TRAINING GENERALLY

-HEAD-

Sec. 4319. Recruit basic training: separate housing for male and

female recruits

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 105-261, div. A, title V, Sec. 521(a)(1), Oct. 17,

1998, 112 Stat. 2009.)

-MISC1-

IMPLEMENTATION

Pub. L. 105-261, div. A, title V, Sec. 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.''

-CITE-

10 USC Sec. 4320 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 401 - TRAINING GENERALLY

-HEAD-

Sec. 4320. Recruit basic training: privacy

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 105-261, div. A, title V, Sec. 522(a)(1), Oct. 17,

1998, 112 Stat. 2012.)

-MISC1-

IMPLEMENTATION

Pub. L. 105-261, div. A, title V, Sec. 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.''

-CITE-

10 USC Sec. 4321 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 401 - TRAINING GENERALLY

-HEAD-

Sec. 4321. United States Army War College: master of strategic

studies degree

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 106-65, div. A, title V, Sec. 542(a), Oct. 5, 1999,

113 Stat. 607.)

-CITE-