Us Code § 8415 - Reserve student aviation pilots; reserve aviation pilots: appointments in commissioned grade

Full text of Us Code United States Code § 8415 — Reserve student aviation pilots; reserve aviation pilots: appointments in commissioned grade, with citation guidance and answers to common questions.

§ 8415. Reserve student aviation pilots; reserve aviation pilots: appointments in commissioned grade

(a) Under such regulations as the Secretary of the Navy prescribes, enlisted members of the Navy Reserve and the Marine Corps Reserve may be designated as student aviation pilots.

(b) A member who is not a qualified civilian aviator may not be designated as a student aviation pilot unless he agrees in writing, with the consent of his parent or guardian if he is a minor, to serve on active duty for a period of two years after successfully completing flight training, unless sooner released. Such a student aviation pilot may be released from active duty or discharged at any time by any administrative authority prescribed by the Secretary.

(c) If he is a qualified civilian aviator, a student aviation pilot may be given a brief refresher course in flight training.

(d) While he is in flight training, a student aviation pilot shall have uniforms and equipment issued to him at Government expense.

(e) Under regulations prescribed by the Secretary, a student aviation pilot of the Navy Reserve or the Marine Corps Reserve may be designated an aviation pilot upon successfully completing flight training.

(f) In time of peace, an aviation pilot who is obligated under subsection (b) to serve on active duty for a period of two years may serve, with his consent, for an additional period of not more than two years.

(g) An aviation pilot of the Navy Reserve or the Marine Corps Reserve may be released from active duty or discharged at any time by any administrative authority prescribed by the Secretary.

(h) An aviation pilot of the Navy Reserve or the Marine Corps Reserve may, if qualified under regulations prescribed by the Secretary, be appointed an ensign in the Navy Reserve or a second lieutenant in the Marine Corps Reserve, as appropriate.

(Aug. 10, 1956, ch. 1041, 70A Stat. 427, §6915; Pub. L. 87–649, §14c(51), Sept. 7, 1962, 76 Stat. 501; Pub. L. 96–513, title V, §513(21), Dec. 12, 1980, 94 Stat. 2932; Pub. L. 109–163, div. A, title V, §515(b)(1)(P), Jan. 6, 2006, 119 Stat. 3233; renumbered §8415, Pub. L. 115–232, div. A, title VIII, §807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
6915 34 U.S.C. 841a–841e. Nov. 5, 1941, ch. 468, §§1–5, 55 Stat. 759.
  34 U.S.C. 841h. Nov. 5, 1941, ch. 468, §8; added Aug. 4, 1942, ch. 547, §15(h), 56 Stat. 740.

In subsection (a) the authority to designate student aviation pilots is expressly set forth.

The portion of 34 U.S.C. 841h that provides that student aviation pilots who are qualified civilian aviators shall be given a brief refresher course in flight training is contained in subsection (c). The remainder of 34 U.S.C. 841h, which provides that such pilots shall not be considered as having been designated pursuant to 34 U.S.C. 841a–841h, is reflected in subsection (b) by making that subsection applicable only to student aviation pilots who are not qualified civilian aviators. No other consequences attach to designation as student aviation pilots under the particular provisions. In subsection (b) the word "continuous" is omitted as covered by the word "period", and the subsection is written as a condition precedent to designation, because it is so interpreted.

In subsection (c) the words "enlisted in or transferred to pilot ratings" are omitted as surplusage.

Subsection (e) states expressly the authority to designate aviation pilots, which is implied in 34 U.S.C. 841a, 841b, and 841d.

In subsection (f) the words "pay grade E–5" are substituted for the words "third grade" in 34 U.S.C. 841b to conform to the terminology of the Career Compensation Act of 1949 (37 U.S.C. 231 et seq.).

In subsection (h) the words "of the Naval Reserve or the Marine Corps Reserve" are substituted for the words "designated as such in accordance with sections 841a and 841b of this title" for uniformity.


Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 6915 of this title as this section.

2006—Subsecs. (a), (e), (g), (h). Pub. L. 109–163 substituted "Navy Reserve" for "Naval Reserve" wherever appearing.

1980—Subsecs. (f) to (i). Pub. L. 96–513 redesignated subsecs. (g), (h), and (i) as (f), (g), and (h), respectively.

1962—Subsec. (f). Pub. L. 87–649 repealed subsec. (f) which provided that while on active duty, an aviation pilot of the Naval Reserve or the Marine Corps Reserve is entitled to the pay of an enlisted member in pay grade E–5 or that of his grade, whichever is greater. See section 201 of Title 37, Pay and Allowances of the Uniformed Services.


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 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.

Effective Date of 1962 Amendment

Amendment by Pub. L. 87–649 effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.

CHAPTER 852—TRAINING GENERALLY

Sec.
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."

About This Section

10 U.S.C. § 8415 is part of Title 10 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.

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