10 U.S.C. § 9417 — Degree granting authority for Air Univer-

Page 3512 TITLE 10—ARMED FORCES § 9417 116–92, div. A, title V, § 557, Dec. 20, 2019, 133 Stat. 1392; Pub. L. 116–283, div. A, title IX, § 923(d)(6), Jan. 1, 2021, 134 Stat. 3814.) Editorial Notes PRIOR PROVISIONS A prior section 9415 was renumbered section 349 of this title. AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283, § 923(d)(6)(A), sub- stituted ‘‘in the Department of the Air Force’’ for ‘‘in the Air Force’’ in introductory provisions. Subsec. (b)(1). Pub. L. 116–283, § 923(d)(6)(B)(i), inserted ‘‘or the Space Force’’ after ‘‘Air Force’’. Subsec. (b)(2). Pub. L. 116–283, § 923(d)(6)(B)(ii), sub- stituted ‘‘other than the Air Force or the Space Force who are serving as instructors at Department of the Air Force training schools.’’ for ‘‘other than the Air Force who are serving as instructors at Air Force training schools.’’ Subsec. (b)(3). Pub. L. 116–283, § 923(d)(6)(B)(iii), which directed amendment of par. (3) by inserting ‘‘or the Space Force’’ after ‘‘Air Force’’, was executed by mak- ing the insertion after ‘‘Air Force’’ the first place ap- pearing to reflect the probable intent of Congress. 2019—Subsec. (b)(3). Pub. L. 116–92 added par. (3). 2018—Pub. L. 115–232, § 806(a)(3), renumbered section 9315 of this title as this section. Subsec. (d)(1). Pub. L. 115–232, § 809(a), substituted ‘‘section 9417’’ for ‘‘section 9317’’. 2011—Subsec. (c). Pub. L. 112–81, § 555(a)(2), added sub- sec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 112–81, § 555(a)(1), (b), redesignated subsec. (c) as (d) and substituted ‘‘person’’ for ‘‘enlisted member’’ in two places. 2004—Subsec. (c). Pub. L. 108–375 amended heading and text generally. Prior to amendment, text read as follows: ‘‘(1) Subject to paragraph (2), the commander of the Air Education and Training Command of the Air Force may confer an academic degree at the level of associate upon any enlisted member who has completed the pro- gram prescribed by the Community College of the Air Force. ‘‘(2) No degree may be conferred upon any enlisted member under this section unless (A) the Community College of the Air Force certifies to the commander of the Air Education and Training Command of the Air Force that such member has satisfied all the require- ments prescribed for such degree, and (B) the Secretary of Education determines that the standards for the award of academic degrees in agencies of the United States have been met.’’ 1997—Subsec. (a). Pub. L. 105–85, § 552(b)(1), inserted heading. Subsec. (a)(1). Pub. L. 105–85, § 552(a)(1), substituted ‘‘enlisted members described in subsection (b)’’ for ‘‘en- listed members of the Air Force’’. Subsec. (b). Pub. L. 105–85, § 552(a)(4), added subsec. (b). Former subsec. (b) redesignated subsec. (c)(1). Subsec. (c). Pub. L. 105–85, § 552(a)(2), (3), (b)(2), redes- ignated subsec. (b) as subsec. (c)(1), inserted subsec. heading, substituted ‘‘Subject to paragraph (2),’’ for ‘‘Subject to subsection (c),’’, and redesignated former subsec. (c) as subsec. (c)(2) and pars. (1) and (2) of former subsec. (c) as subpars. (A) and (B), respectively, of subsec. (c)(2). 1996—Subsec. (a)(1). Pub. L. 104–106 substituted ‘‘Air Force’’ for ‘‘armed forces’’. 1993—Subsec. (b). Pub. L. 103–160, § 1182(a)(12)(A), sub- stituted ‘‘Air Education and Training Command’’ for ‘‘Air Training Command’’. Subsec. (c). Pub. L. 103–160, § 1182(a)(12)(B), sub- stituted ‘‘Air Education and Training Command of the Air Force’’ for ‘‘Air Force Training Command’’. 1980—Subsec. (c). Pub. L. 96–513 substituted ‘‘Sec- retary of Education’’ for ‘‘Commissioner of Education of the Department of Health, Education, and Welfare’’. 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. EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 112–81, div. A, title V, § 555(c), Dec. 31, 2011, 125 Stat. 1416, provided that: ‘‘Subsection (c) of section 9315 [now 9415] of title 10, United States Code (as added by subsection (a)(2)), shall apply to persons covered by paragraph (1) of such subsection who are categorized by the Secretary concerned as seriously wounded, ill, or injured after September 11, 2001. With respect to any such person who is separated from active duty during the period beginning on September 12, 2001, and ending on the date of the enactment of this Act [Dec. 31, 2011], the 10-year period specified in paragraph (3) of such subsection shall be deemed to commence on the date of the enactment of this Act.’’ EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–85, div. A, title V, § 552(c), Nov. 18, 1997, 111 Stat. 1748, provided that: ‘‘Subsection (b) of section 9315 [now 9415] of such title, as added by subsection (a)(4), applies with respect to enrollments in the Community College of the Air Force after March 31, 1996.’’ EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–106, div. A, title X, § 1078(b), Feb. 10, 1996, 110 Stat. 451, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply with respect to enrollments in the Community College of the Air Force after March 31, 1996.’’ 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. § 9417. Degree granting authority for Air Univer- sity (a) AUTHORITY.—Except as provided in sections 9414 and 9415 of this title, under regulations pre- scribed by the Secretary of the Air Force, the commander of the Air University may, upon the recommendation of the faculty of the Air Uni- versity components, confer appropriate degrees upon graduates who meet the degree require- ments. (b) LIMITATION.—A degree may not be con- ferred under this section unless— (1) the Secretary of Education has rec- ommended approval of the degree in accord- ance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and (2) the Air University is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education. (c) CONGRESSIONAL NOTIFICATION REQUIRE- MENTS.—(1) When seeking to establish degree granting authority under this section, the Sec- retary of Defense shall submit to the Commit- tees on Armed Services of the Senate and House of Representatives— (A) a copy of the self assessment question- naire required by the Federal Policy Gov- erning Granting of Academic Degrees by Fed- eral Agencies, at the time the assessment is Page 3513 TITLE 10—ARMED FORCES § 9419 submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; and (B) the subsequent recommendations and ra- tionale of the Secretary of Education regard- ing the establishment of the degree granting authority. (2) Upon any modification or redesignation of existing degree granting authority, the Sec- retary of Defense shall submit to the Commit- tees on Armed Services of the Senate and House of Representatives a report containing the ra- tionale for the proposed modification or redesig- nation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation. (3) The Secretary of Defense shall submit to the Committees on Armed Services of the Sen- ate and House of Representatives a report con- taining an explanation of any action by the ap- propriate academic accrediting agency or orga- nization not to accredit the Air University to award any new or existing degree. (Added Pub. L. 103–337, div. A, title IX, § 913(a)(1), Oct. 5, 1994, 108 Stat. 2828, § 9317; amended Pub. L. 106–65, div. A, title V, § 543(a), (b)(1), Oct. 5, 1999, 113 Stat. 607; Pub. L. 108–375, div. A, title V, § 556(a), (c)(1), Oct. 28, 2004, 118 Stat. 1914, 1915; Pub. L. 110–181, div. A, title V, § 527, Jan. 28, 2008, 122 Stat. 105; Pub. L. 110–417, [div. A], title V, § 543(i)(1), Oct. 14, 2008, 122 Stat. 4464; renumbered § 9417 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(a)(3), 809(a), Aug. 13, 2018, 132 Stat. 1832, 1840.) Editorial Notes PRIOR PROVISIONS A prior section 9417 was renumbered section 9487 of this title. AMENDMENTS 2018—Pub. L. 115–232, § 806(a)(3), renumbered section 9317 of this title as this section. Subsec. (a). Pub. L. 115–232, § 809(a), substituted ‘‘sec- tions 9414 and 9415’’ for ‘‘sections 9314 and 9315’’. 2008—Pub. L. 110–417 amended section generally. Prior to amendment, section consisted of subsecs. (a) and (b) relating to the authority of Air University to confer academic degrees and regulations under which author- ity would be exercised. Subsec. (a)(4), (5). Pub. L. 110–181 added par. (4) and redesignated former par. (4) as (5). 2004—Pub. L. 108–375, § 556(c)(1), substituted ‘‘con- ferral of degrees’’ for ‘‘graduate-level degrees’’ in sec- tion catchline. Subsec. (a). Pub. L. 108–375, § 556(a), substituted ‘‘may confer academic degrees as follows:’’ for ‘‘may confer— ’’ in introductory provisions, ‘‘The’’ for ‘‘the’’ in pars. (1) to (3), period for semicolon in par. (1), and period for ‘‘; and’’ in par. (2) and added par. (4). 1999—Pub. L. 106–65, § 543(b)(1), substituted ‘‘graduate- level degrees’’ for ‘‘master of airpower art and science’’ in section catchline. Subsec. (a). Pub. L. 106–65, § 543(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: ‘‘Upon the recommendation of the faculty of the School of Advanced Airpower Studies of the Air University, the Commander of the university may confer the degree of master of airpower art and science upon graduates of the school who fulfill the re- quirements for the degree.’’ 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. EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–417 applicable to any de- gree granting authority established, modified, or redes- ignated on or after Oct. 14, 2008, for an institution of professional military education referred to in such amendment, see section 543(j) of Pub. L. 110–417, set out as a note under section 2163 of this title. EFFECTIVE DATE Pub. L. 103–337, div. A, title IX, § 913(b), Oct. 5, 1994, 108 Stat. 2828, provided that: ‘‘The authority provided by section 9317(a) [now 9417(a)] of title 10, United States Code, as added by subsection (a), shall become effective on the date on which the Secretary of Education deter- mines that the requirements established by the School of Advanced Airpower Studies of the Air University for the degree of master of airpower art and science are in accordance with generally applicable requirements for a degree of master of arts or a degree of master of science.’’ § 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 sepa- rately 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 Air Force shall require (on and after that date) that male recruits in basic training at such in- stallation be housed in barracks or other troop housing facilities that are only for males and that female recruits in basic training at such in- stallation 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 hous- ing 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 or the Space 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