CHAPTER 852—TRAINING GENERALLY
8431.
Recruit basic training: separate housing for male and female recruits.
8432.
Recruit basic training: privacy.
Editorial Notes
Amendments
2018—Pub. L. 115–232, div. A, title VIII, §807(e)(3), (f)(1), Aug. 13, 2018, 132 Stat. 1837, 1838, redesignated chapter 602 of this title as this chapter and items 6931 and 6932 as 8431 and 8432, respectively.
1998—Pub. L. 105–261, div. A, title V, §522(b)(2), Oct. 17, 1998, 112 Stat. 2013, added item 6932.
Statutory Notes and Related Subsidiaries
Prohibition on Gender-Segregated Training at Marine Corps Recruit Depots
Pub. L. 116–92, div. A, title V, §565, Dec. 20, 2019, 133 Stat. 1395, provided that:
"(a) Parris Island.—
"(1) Prohibition.—Subject to paragraph (2), training at the Marine Corps Recruit Depot, Parris Island, South Carolina, may not be segregated based on gender.
"(2) Deadline.—The Commandant of the Marine Corps shall carry out this subsection not later than five years after the date of the enactment of this Act [Dec. 20, 2019].
"(b) San Diego.—
"(1) Prohibition.—Subject to paragraph (2), training at the Marine Corps Recruit Depot, San Diego, California, may not be segregated based on gender.
"(2) Deadline.—The Commandant of the Marine Corps shall carry out this subsection not later than eight years after the date of the enactment of this Act."
Annual Certifications Related to Ready, Relevant Learning Initiative of the Navy
Pub. L. 116–283, div. A, title V, §574, Jan. 1, 2021, 134 Stat. 3644, provided that:
"(a) Additional Elements With 2021 Certifications.—In submitting to Congress in 2021 the certifications required by section 545 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1396; 10 U.S.C. 8431 note prec.) [set out below], relating to the Ready, Relevant Learning initiative of the Navy, the Secretary of the Navy shall also submit each of the following:
"(1) A framework for a life cycle sustainment plan for the Ready, Relevant Learning initiative meeting the requirements in subsection (b).
"(2) A report on the use of readiness assessment teams in training addressing the elements specified in subsection (c).
"(b) Life Cycle Sustainment Plan Framework.—The framework for a life cycle sustainment plan required by subsection (a)(1) shall address each of the following:
"(1) Product support management.
"(2) Supply support.
"(3) Packaging, handling, storage, and transportation.
"(4) Maintenance planning and management.
"(5) Design interface.
"(6) Sustainment engineering.
"(7) Technical data.
"(8) Computer resources.
"(9) Facilities and infrastructure.
"(10) Manpower and personnel.
"(11) Support equipment.
"(12) Training and training support.
"(13) Course content and relevance.
"(14) Governance, including the acquisition and program management structure.
"(15) Such other elements in the life cycle sustainment of the Ready, Relevant Learning initiative as the Secretary considers appropriate.
"(c) Report on Use of Readiness Assessment Teams.—The report required by subsection (a)(2) shall set forth the following:
"(1) A description and assessment of the extent to which the Navy is currently using Engineering Readiness Assessment Teams and Combat Systems Readiness Assessment Teams to conduct unit-level training and assistance in each capacity as follows:
"(A) To augment non-Ready, Relevant Learning initiative training.
"(B) As part of Ready, Relevant Learning initiative training.
"(C) To train students on legacy, obsolete, one of a kind, or unique systems that are still widely used by the Navy.
"(D) To train students on military-specific systems that are not found in the commercial maritime world.
"(2) A description and assessment of potential benefits, and anticipated timelines and costs, in expanding Engineering Readiness Assessment Team and Combat Systems Readiness Assessment Team training in the capacities specified in paragraph (1).
"(3) Such other matters in connection with the use of readiness assessment teams in connection with the Ready, Relevant Learning initiative as the Secretary considers appropriate.
"(d) Life Cycle Sustainment Plan With 2022 Certifications.—In submitting to Congress in 2022 the certifications required by section 545 of the National Defense Authorization Act for Fiscal Year 2018, the Secretary shall also submit the approved life cycle sustainment plan for the Ready, Relevant Learning initiative of the Navy, based on the framework for the plan developed for purposes of subsection (a)(1)."
Pub. L. 115–91, div. A, title V, §545, Dec. 12, 2017, 131 Stat. 1396, provided that:
"(a) Annual Certifications Required.—Not later than March 1, 2018, and each year thereafter, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and the House of Representatives a certification on the status of implementation of the Ready, Relevant Learning initiative of the Navy for each applicable enlisted rating.
"(b) Elements.—Each certification under subsection (a) shall include the following:
"(1) A certification by the Commander of the United States Fleet Forces Command that the block learning and modernized delivery methods of the Ready, Relevant Learning initiative to be implemented during the fiscal year beginning in which such certification is submitted will meet or exceed the existing training delivery approach for all associated training requirements.
"(2) A certification by the Secretary of the Navy that the content re-engineering necessary to meet all training objectives and transition from the traditional training curriculum to the modernized delivery format to be implemented during such fiscal year will be complete prior to such transition, including full functionality of all required course software and hardware.
"(3) A detailed cost estimate of transitioning to the block learning and modernized delivery approaches to be implemented during such fiscal year with funding listed by purpose, amount, appropriations account, budget program element or line item, and end strength adjustments.
"(4) A detailed phasing plan associated with transitioning to the block learning and modernized delivery approaches to be implemented during such fiscal year, including the current status, timing, and identification of reductions in 'A' school and 'C' school courses, curricula, funding, and personnel.
"(5) A certification by the Secretary of the Navy that—
"(A) the contracting strategy associated with transitioning to the modernized delivery approach to be implemented during such fiscal year has been completed; and
"(B) contracting actions contain sufficient specification detail to enable a low risk approach to receiving the deliverable end item or items on-budget, on-schedule, and with satisfactory performance."
§8431. Recruit basic training: separate housing for male and female recruits
(a) Physically Separate Housing.—(1) The Secretary of the Navy 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 Navy 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 Navy 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 programs of the Navy and Marine Corps that constitute the basic training of new recruits.
(Added Pub. L. 105–261, div. A, title V, §521(b)(1), Oct. 17, 1998, 112 Stat. 2010, §6931; renumbered §8431, Pub. L. 115–232, div. A, title VIII, §807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)
Editorial Notes
Amendments
2018—Pub. L. 115–232 renumbered section 6931 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
Implementation
Pub. L. 105–261, div. A, title V, §521(b)(3), Oct. 17, 1998, 112 Stat. 2011, provided that: "The Secretary of the Navy shall implement section 6931 [now 8431] 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."
§8432. Recruit basic training: privacy
The Secretary of the Navy shall require that access by recruit division commanders and other training personnel to a living area in which Navy 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 recruit division commanders 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(b)(1), Oct. 17, 1998, 112 Stat. 2012, §6932; renumbered §8432, Pub. L. 115–232, div. A, title VIII, §807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)
Editorial Notes
Prior Provisions
Prior sections 8441 and 8442 were repealed by Pub. L. 96–513, title II, §207, Dec. 12, 1980, 94 Stat. 2884, effective Sept. 15, 1981.
Section 8441, act Aug. 10, 1956, ch. 1041, 70A Stat. 521, provided that temporary appointments be made only in the Air Force without specification of component.
Section 8442, act Aug. 10, 1956, ch. 1041, 70A Stat. 521, provided that a regular commissioned officer, or a reserve commissioned officer who is serving on active duty, may be appointed, based upon ability and efficiency with regard being given to seniority and age, in a temporary grade that is equal to or higher than his regular or reserve grade, without vacating any other grade held by him. See section 601 of this title.
A prior section 8443, act Aug. 10, 1956, ch. 1041, 70A Stat. 522, related to grade of reserve commissioned officers ordered to active duty or serving on active duty, prior to repeal by Pub. L. 85–861, §36B(25), Sept. 2, 1958, 72 Stat. 1571.
Prior sections 8444 and 8445 were repealed by Pub. L. 96–513, title II, §207, Dec. 12, 1980, 94 Stat. 2884, effective Sept. 15, 1981.
Section 8444, acts Aug. 10, 1956, ch. 1041, 70A Stat. 522; Sept. 2, 1958, Pub. L. 85–861, §1(180)(A), 72 Stat. 1532, authorized President, in time of war or national emergency, to appoint any qualified person, including a person who is not a Regular or Reserve, in any temporary grade, provided for vacation of the appointment, and permitted, for purposes of determining grade, position on a promotion list, seniority in temporary grade, and eligibility for promotion, a medical or dental officer of the Air Force who is appointed in a temporary grade to be credited, when he enters active duty, with the constructive service authorized by section 8294(b) of this title. See section 603 of this title.
Section 8445, acts Aug. 10, 1956, ch. 1041, 70A Stat. 522; Sept. 2, 1958, Pub. L. 85–861, §1(180)(B), 72 Stat. 1532, provided that in addition to temporary appointments authorized, in time of war or national emergency, a regular officer or a reserve warrant officer may be appointed in any temporary grade higher than his regular or reserve grade, without vacating that grade, or a person who holds no commissioned grade in Regular Air Force be appointed in any temporary commissioned grade. See section 603 of this title.
A prior section 8446 was renumbered section 9176 of this title.
A prior section 8447, acts Aug. 10, 1956, ch. 1041, 70A Stat. 523; Sept. 2, 1958, Pub. L. 85–861, §1(180)(D), 72 Stat. 1532; Sept. 28, 1971, Pub. L. 92–129, title VI, §604, 85 Stat. 362, provided that temporary appointment of a person be made without reference to any other appointment that he may hold in the Air Force, temporary appointments of commissioned officers in the Regular Air Force be made by the President alone in grades below lieutenant colonel and by the President, by and with the consent of the Senate, in grades of lieutenant colonel and above, temporary appointments of commissioned officers in the reserve components of the Air Force be made by the President alone in grades below lieutenant colonel and by the President, by and with the consent of the Senate, in grades above major, and that the President may vacate at any time a temporary appointment in a commissioned grade, prior to repeal by Pub. L. 96–513, title II, §207, Dec. 12, 1980, 94 Stat. 2884, effective Sept. 15, 1981. See section 601 of this title.
Prior sections 8448 and 8449 were repealed by Pub. L. 96–513, title II, §208, Dec. 12, 1980, 94 Stat. 2884, effective Sept. 15, 1981.
Section 8448, acts Aug. 10, 1956, ch. 1041, 70A Stat. 523; Aug. 8, 1958, Pub. L. 85–603, §1(4), 72 Stat. 526; Sept. 2, 1958, Pub. L. 85–861, §33(a)(39), 72 Stat. 1566, authorized Secretary of the Air Force, upon his determination of need, to appoint qualified persons as warrant officers, with such appointments to continue at pleasure of Secretary, and such warrant officers entitled to count all periods of active duty under appointment as warrant or enlisted service for all purposes and to benefits of all laws and regulations applicable to retirement, pensions, and disability of members of Air Force on active duty. See section 602 of this title.
Section 8449, act Aug. 10, 1956, ch. 1041, 70A Stat. 523, provided that temporary promotions in warrant officer grades be governed by such regulations as the Secretary of the Air Force prescribe. See section 602 of this title.
A prior section 8450, act Aug. 10, 1956, ch. 1041, 70A Stat. 523, provided for suspension of laws for promotion or mandatory retirement or separation during war or emergency of temporary warrant officers of Air Force, prior to repeal by Pub. L. 90–235, §3(b)(1), Jan. 2, 1968, 81 Stat. 758.
Amendments
2018—Pub. L. 115–232 renumbered section 6932 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
Implementation
Pub. L. 105–261, div. A, title V, §522(b)(3), Oct. 17, 1998, 112 Stat. 2013, provided that: "The Secretary of the Navy shall implement section 6932 [now 8432] 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."