10 U.S.C. § 8432 — Recruit basic training: privacy

Page 3257 TITLE 10—ARMED FORCES § 8432 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 re- cruit 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 installa- tion be housed in barracks or other troop hous- ing facilities that are only for males and that fe- male recruits in basic training at such installa- tion be housed in barracks or other troop hous- ing facilities that are only for females. (c) CONSTRUCTION PLANNING.—In planning for the construction of housing to be used for hous- ing 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 rap- idly 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 re- serve commissioned officer who is serving on active duty, may be appointed, based upon ability and effi- ciency 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 offi- cers 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, au- thorized President, in time of war or national emer- gency, to appoint any qualified person, including a per- son 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 con- structive 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, pro- vided that in addition to temporary appointments au- thorized, in time of war or national emergency, a reg- ular officer or a reserve warrant officer may be ap- pointed in any temporary grade higher than his regular or reserve grade, without vacating that grade, or a per- son 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 appoint- ments 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 colo- nel and above, temporary appointments of commis- Page 3258 TITLE 10—ARMED FORCES § 8432 sioned 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 Sec- retary, 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, pen- sions, 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 Sec- retary 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 rap- idly 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.’’ CHAPTER 853—UNITED STATES NAVAL ACADEMY Sec. 8451. Location. 8451a. Superintendent. 8452. Civilian teachers: number; compensation. 8453. Midshipmen: appointment. 8454. Midshipmen: number. 8454a. Midshipmen: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate. 8455. Midshipmen: allotment upon redistricting of Congressional Districts. 8456. Midshipmen: nomination and selection to fill vacancies. 8458. Midshipmen: qualifications for admission. 8459. Midshipmen: service obligation. 8460. Midshipmen: clothing and equipment; uni- form allowance. Sec. 8461. Midshipmen: dismissal for best interests of the service. 8462. Midshipmen: discharge for unsatisfactory conduct or inaptitude. 8463. Midshipmen: discharge for deficiency. 8464. Hazing: definition; prohibition. 8465. Failure to report violation: dismissal. 8466. Course of study. 8467. Degree on graduation. 8468. Board of Visitors. 8469. Band: composition. 8470. Permanent professors: promotion. 8470a. Permanent professors: retirement for years of service; authority for deferral. 8471. Midshipmen’s store, trade shops, dairy, and laundry: nonappropriated fund instrumen- tality and accounts. 8472. Chapel: crypt and window spaces. 8473. Gifts, bequests, and loans of property: accept- ance for benefit and use of Naval Academy. 8474. United States Naval Academy Museum Fund: references to Fund. 8475. Acceptance of guarantees with gifts for major projects. 8476. Operation of Naval Academy dairy farm. 8477. Grants for faculty research for scientific, lit- erary, and educational purposes: accept- ance; authorized grantees. 8478. Mixed-funded athletic and recreational extra- curricular programs: authority to manage appropriated funds in same manner as non- appropriated funds. 8479. Midshipmen: charges and fees for attendance; limitation. 8480. Policy on sexual harassment and sexual vio- lence. 8481. Support of athletic and physical fitness pro- grams. Editorial Notes PRIOR PROVISIONS A prior chapter 853, consisting of sections 8681 to 8693, related to miscellaneous rights and benefits in the Air Force, prior to renumbering as chapter 933 of this title. AMENDMENTS 2024—Pub. L. 118–159, div. A, title V, § 557(b)(1), Dec. 23, 2024, 138 Stat. 1897, substituted ‘‘service obligation’’ for ‘‘agreement for length of service’’ in item 8459. Amendment was made pursuant to operation of section 102 of this title. 2021—Pub. L. 117–81, div. A, title V, § 553(b)(2), Dec. 27, 2021, 135 Stat. 1737, added item 8454a. 2018—Pub. L. 115–232, div. A, title VIII, § 807(e)(3), (f)(1), Aug. 13, 2018, 132 Stat. 1837, 1838, redesignated chapter 603 of this title as this chapter and items 6951 to 6956 and 6958 to 6981 as 8451 to 8456 and 8458 to 8481, respectively. 2016—Pub. L. 114–328, div. A, title XII, § 1248(b)(2)(B), Dec. 23, 2016, 130 Stat. 2525, struck out items 6957 ‘‘Se- lection of persons from foreign countries’’, 6957a ‘‘Ex- change program with foreign military academies’’, and 6957b ‘‘Foreign and cultural exchange activities’’. 2013—Pub. L. 112–239, div. A, title V, § 542(b), Jan. 2, 2013, 126 Stat. 1737, added item 6981. 2008—Pub. L. 110–417, [div. A], title V, § 541(b)(2), Oct. 14, 2008, 122 Stat. 4455, added item 6957b. Pub. L. 110–181, div. A, title V, § 508(a)(2), Jan. 28, 2008, 122 Stat. 97, added items 6970 and 6970a and struck out former item 6970 ‘‘Permanent professors: retirement for years of service; authority for deferral’’. 2006—Pub. L. 109–364, div. A, title X, § 1071(g)(2), Oct. 17, 2006, 120 Stat. 2402, made technical correction to di- rectory language of Pub. L. 108–375, § 544(b)(2). See 2004 Amendment note below. Pub. L. 109–364, div. A, title V, § 532(d)(2), title X, § 1071(a)(34), Oct. 17, 2006, 120 Stat. 2206, 2400, substituted colon for semicolon in item 6965 and added item 6980.