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10 USC Ch. 753: UNITED STATES MILITARY ACADEMY
From Title 10—ARMED FORCESSubtitle B—ArmyPART III—TRAINING
CHAPTER 753—UNITED STATES MILITARY ACADEMY
Establishment; Superintendent; faculty.
Departments and professors: titles.
Superintendent; faculty: appointment and detail.
Superintendent: condition for detail to position.
Command and supervision.
Dean of Academic Board.
Permanent professors; director of admissions.
Civilian faculty: number; compensation.
Quartermaster.
Faculty and other officers: leaves of absence.
Cadets: appointment by the President.
Cadets: appointment; numbers, territorial distribution.
Cadets: appointment; to bring Corps to full strength.
Cadets: requirements for admission.
Cadets; nominees: effect of redistricting of States.
Cadets: agreement to serve as officer.
Cadets: organization of Corps; service; instruction.
Cadets: clothing and equipment.
Cadets: deficiencies in conduct or studies; effect of failure on successor.
Cadets: hazing.
Cadets: degree and commission on graduation.
Buildings and grounds: memorial hall; buildings for religious worship.
Board of Visitors.
Use of certain gifts.
Acceptance of guarantees with gifts for major projects.
Grants for faculty research for scientific, literary, and educational purposes: acceptance; authorized grantees.
Mixed-funded athletic and recreational extracurricular programs: authority to manage appropriated funds in same manner as nonappropriated funds.
Cadets: charges and fees for attendance; limitation.
Policy on sexual harassment and sexual violence.
Support of athletic programs.
2018–Pub. L. 115–232, div. A, title VIII, §808(e)(3), (f)(1), Aug. 13, 2018, 132 Stat. 1839, redesignated chapter 403 of this title as this chapter and items 4331 to 4362 as 7431 to 7462, respectively.
2016—Pub. L. 114–328, div. A, title XII, §1248(b)(2)(A), Dec. 23, 2016, 130 Stat. 2525, struck out items 4344 "Selection of persons from foreign countries", 4345 "Exchange program with foreign military academies", and 4345a "Foreign and cultural exchange activities".
2015—Pub. L. 114–92, div. A, title V, §557(b), Nov. 25, 2015, 129 Stat. 827, added item 4362.
2008—Pub. L. 110–417, [div. A], title V, §541(a)(2), Oct. 14, 2008, 122 Stat. 4455, added item 4345a.
2006—Pub. L. 109–364, div. A, title X, §1071(g)(2), Oct. 17, 2006, 120 Stat. 2402, made technical correction to directory language of Pub. L. 108–375, §544(a)(2). See 2004 Amendment note below.
Pub. L. 109–364, div. A, title V, §532(d)(1), Oct. 17, 2006, 120 Stat. 2205, added item 4361.
2004—Pub. L. 108–375, div. A, title V, §545(a)(2), Oct. 28, 2004, 118 Stat. 1908, added item 4360.
Pub. L. 108–375, div. A, title V, §544(a)(2), Oct. 28, 2004, 118 Stat. 1906, as amended by Pub. L. 109–364, div. A, title X, §1071(g)(2), Oct. 17, 2006, 120 Stat. 2402, added item 4359.
1999—Pub. L. 106–65, div. A, title V, §532(a)(4)(B), div. B, title XXVIII, §2871(a)(2), Oct. 5, 1999, 113 Stat. 603, 873, added items 4333a and 4357.
1998—Pub. L. 105–261, div. A, title X, §1063(a)(2), Oct. 17, 1998, 112 Stat. 2130, added item 4358.
1997—Pub. L. 105–85, div. A, title V, §542(a)(2), Nov. 18, 1997, 111 Stat. 1741, added item 4345.
1996—Pub. L. 104–106, div. A, title V, §533(a)(2), Feb. 10, 1996, 110 Stat. 315, struck out item 4357 "Athletics program: athletic director; nonappropriated fund account".
1994—Pub. L. 103–337, div. A, title V, §556(a)(2), Oct. 5, 1994, 108 Stat. 2774, added item 4357.
1993—Pub. L. 103–160, div. A, title V, §533(a)(2), Nov. 30, 1993, 107 Stat. 1658, added item 4338.
1983—Pub. L. 98–94, title X, §1004(a)(3), Sept. 24, 1983, 97 Stat. 658, substituted "from foreign countries" for "from Canada and American Republics" in item 4344, and struck out item 4345 "Selection of Filipinos".
1982—Pub. L. 97–295, §1(41)(B), Oct. 12, 1982, 96 Stat. 1298, added item 4356.
1981—Pub. L. 97–60, title II, §203(a)(2)(B), Oct. 14, 1981, 95 Stat. 1006, added item 4341a.
1978—Pub. L. 95–551, §4(b), Oct. 30, 1978, 92 Stat. 2069, substituted "Establishment; Superintendent; faculty" for "Superintendent; faculty; adjutant; chaplain" in item 4331, "director of admissions" for "registrar" in item 4336, and struck out item 4338 "Director of music".
1968—Pub. L. 90–623, §2(7), Oct. 22, 1968, 82 Stat. 1314, struck out item 4339 "Organist and choirmaster; civilian instructors in departments of foreign languages and tactics: quarters, fuel, and light".
1958—Pub. L. 85–600, §1(12), Aug. 6, 1958, 72 Stat. 523, inserted ", registrar" in item 4336.
§7431. Establishment; Superintendent; faculty
(a) There is in the Department of the Army a United States Military Academy, at West Point, New York (hereinafter in this chapter referred to as the "Academy"), for the instruction and preparation for military service of selected persons called "cadets". The organization of the Academy shall be prescribed by the Secretary of the Army.
(b) There shall be at the Academy the following:
(1) A Superintendent.
(2) A Dean of the Academic Board, who is a permanent professor.
(3) A Commandant of Cadets.
(4) Twenty-eight permanent professors.
(5) A chaplain.
(6) A director of admissions.
(Aug. 10, 1956, ch. 1041, 70A Stat. 238, §4331; Pub. L. 85–600, §1(8), Aug. 6, 1958, 72 Stat. 522; Pub. L. 85–723, Aug. 21, 1958, 72 Stat. 711; Pub. L. 95–551, §1, Oct. 30, 1978, 92 Stat. 2069; Pub. L. 96–513, title V, §512(12), Dec. 12, 1980, 94 Stat. 2929; Pub. L. 102–484, div. A, title V, §523(a), Oct. 23, 1992, 106 Stat. 2409; Pub. L. 103–160, div. A, title V, §533(a)(3), Nov. 30, 1993, 107 Stat. 1658; Pub. L. 110–181, div. A, title V, §507, Jan. 28, 2008, 122 Stat. 96; renumbered §7431, Pub. L. 115–232, div. A, title VIII, §808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
4331(a)
4331(b)
10:1061.
10:1077a.
10:1087 (less proviso).
10:1089 (1st 20 words).
R.S. 1309; Feb. 18, 1896, ch. 22 (less proviso), 29 Stat. 8.
June 23, 1879, ch. 35, §4 (less last 30 words), 21 Stat. 34.
June 8, 1926, ch. 492 (1st par., less 1st proviso), 44 Stat. 703.
Apr. 19, 1910, ch. 174 (1st and 2d provisos under "Permanent Establishment"), 36 Stat. 312; June 8, 1926, ch. 492 (1st proviso of 1st par.), 44 Stat. 703.
Apr. 19, 1910, ch. 174 (8th par. under "Permanent Establishment"), 36 Stat. 312.
May 26, 1934, ch. 353, 48 Stat. 806.
June 26, 1946, ch. 495, §§1 (less proviso), 2, 3 (1st 20 words), 60 Stat. 312.
In subsection (a), reference to the senior instructors of artillery, cavalry, and infantry, and the master of the sword, in 10:1061, are omitted as obsolete. The duties of the former master of the sword are presently performed by the director of physical education, detailed to that duty by the superintendent of the Academy from officers assigned to duty at that installation by the Secretary under section 3012(e) of this title. The words "and one assistant professor", in 10:1061, are omitted as superseded by section 4333 of this title. The words "shall be constituted" are omitted as surplusage. The Act of June 8, 1926, ch. 492 (last proviso of 1st par.), 44 Stat. 703, is not contained in 10:1077a. It is also omitted from the revised section as executed.
The word "permanent" is inserted in subsection (a)(4), pursuant to 10:1087, which, by adding one permanent professor for each of the subjects of instruction named in clauses (A)–(I), inclusive, implies that there already was a permanent professor for each of those subjects. The subjects of instruction set forth in clauses (A)–(I), inclusive, are those for which a professor was authorized before the enactment of the source statute for 10:1087. The names of the subjects to be taught at the Academy are changed, where necessary, to conform to the names of those presently taught, pursuant to regulations and orders issued under the general authority for the change of titles of departments of instruction, contained in section 4332 of this title. These changes, published in general orders by authority of the Secretary of War and the Secretary of the Army, are as follows:
In clause (4)(A), the word "Electricity" is substituted for the words "chemistry, mineralogy, and geology", in 10:1061, pursuant to General Orders 38, Hq USMA, 29 June 1946.
In clause (4)(C), the word "Foreign" is substituted for the word "modern", in 10:1071, pursuant to General Orders No. 6, Hq USMA, 14 February 1949. The Act of June 23, 1879, ch. 35, §4 (1st 47 words) is not contained in 10:1071. It is also omitted from the revised section as executed.
In clause (4)(E), the word "Mechanics" is substituted for the words "natural and experimental philosophy", in 10:1061, pursuant to General Orders No. 3, Hq USMA, 11 February 1943.
In clause (4)(F), the words "Military Art and Engineering" are substituted for the words "civil and military engineering", in 10:1061, pursuant to General Orders No. 3, Hq USMA, 11 February 1943.
In clause (4)(G), the words "Military Topography and Graphics" are substituted for the word "drawing", in 10:1061, pursuant to General Orders No. 3, Hq USMA, 11 February 1943.
In clause (4)(H), the words "Physics and Chemistry" are substituted for the word "physics", in 10:1078a, pursuant to General Orders No. 38, Hq USMA, 29 June 1946.
In clause (4)(I), the words "Social Sciences" are substituted for the words "economics, government, and history", in 10:1077a, pursuant to General Orders No. 13, Hq USMA, 22 April 1947.
In clause (4)(B) and (I), the provisions of 10:1077 and 1077a relating to the appointment of a civilian in the department of English, and a professor of economics, government, and history, by the President, by and with the advice and consent of the Senate, are omitted as executed. The provisions of 10:1077a relating to the establishment of a Department of Economics, Government, and History are omitted as executed.
Subsection (a)(8) is inserted to complete the listing of the appointed officials of the Academy.
In subsection (a)(9), the word "director" is substituted for the word "teacher" to conform to section 4338 of this title.
A prior section 7431 was renumbered section 8731 of this title.
2018—Pub. L. 115–232 renumbered section 4331 of this title as this section.
2008—Subsec. (b)(4). Pub. L. 110–181 amended par. (4) generally. Prior to amendment, par. (4) read as follows: "Twenty-two permanent professors."
1993—Subsec. (c). Pub. L. 103–160 struck out subsec. (c) which read as follows:
"(1) The Secretary of the Army may employ as many civilians as professors, instructors, and lecturers at the Academy as the Secretary considers necessary.
"(2) The compensation of persons employed under this subsection shall be as prescribed by the Secretary.
"(3) The Secretary may delegate the authority conferred by this subsection to any person in the Department of the Army to the extent the Secretary considers proper. Such delegation may be made with or without the authority to make successive redelegations."
1980—Pub. L. 96–513 substituted "New York (hereinafter in this chapter referred to as the 'Academy')" for "New York, in this chapter called the 'Academy' ".
1978—Pub. L. 95–551 substituted "Establishment; Superintendent; faculty" for "Superintendent; faculty; adjutant; chaplain" in section catchline.
Subsec. (a). Pub. L. 95–551 substituted provision establishing in the Department of the Army a Military Academy located at West Point, New York, for instruction and preparation of cadets for military service and providing that the organization of the Academy be prescribed by the Secretary of the Army for provision describing the faculty of the Academy as consisting of a Superintendent, a Dean of the Academic Board, a Commandant of Cadets, two permanent professors in each of nine enumerated academic fields, one permanent professor in each of the fields of Law, Ordnance, and Physical education, a professor of Military Hygiene, an adjutant, a registrar, a chaplain, and a director of music.
Subsec. (b). Pub. L. 95–551 substituted provision describing the faculty of the Academy as consisting of a Superintendent, a Dean of the Academic Board, a Commandant of Cadets, twenty-two permanent professors, a chaplain, and a director of admissions for provision making an officer, upon becoming the senior commissioned officer of the Medical Corps on active duty at the Academy, the professor of Military Hygiene.
1958—Subsec. (a)(5). Pub. L. 85–723 authorized a permanent professor of physical education.
Subsec. (a)(8) to (10). Pub. L. 85–600 added par. (8) and redesignated existing pars. (8) and (9) as (9) and (10), respectively.
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.
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.
Speech Disorders of Cadets and Midshipmen
Pub. L. 116–92, div. A, title V, §558, Dec. 20, 2019, 133 Stat. 1392, provided that:
"(a) Testing.—The Superintendent of a military service academy shall provide testing for speech disorders to incoming cadets or midshipmen under the jurisdiction of that Superintendent.
"(b) No Effect on Admission.—The testing under subsection (a) may not have any effect on admission to a military service academy.
"(c) Results.—The Superintendent shall provide each cadet or midshipman under the jurisdiction of that Superintendent the result of the testing under subsection (a) and a list of warfare unrestricted line officer positions and occupation specialities that require successful performance on the speech test.
"(d) Therapy.—The Superintendent shall furnish speech therapy to a cadet or midshipman under the jurisdiction of that Superintendent at the election of the cadet or midshipman.
"(e) Report.—Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], the Secretaries of the military departments shall submit to the Committees on Armed Services of the Senate and the House of Representatives a joint report that includes the following:
"(1) The number of cadets or midshipmen with an identified speech disorder in each military service academy.
"(2) A list of the health care and administrative resources related to speech disorders available to cadets and midshipmen described in paragraph (1).
"(3) A list of positions and specialties described in subsection (c) pursued by the cadets and midshipmen described in paragraph (1) at the time of graduation."
Prayer at Military Service Academy Activities
Pub. L. 109–163, div. A, title V, §598, Jan. 6, 2006, 119 Stat. 3283, provided that:
"(a) In General.—The superintendent of a service academy may have in effect such policy as the superintendent considers appropriate with respect to the offering of a voluntary, nondenominational prayer at an otherwise authorized activity of the academy, subject to the United States Constitution and such limitations as the Secretary of Defense may prescribe.
"(b) Service Academies.—For purposes of this section, the term 'service academy' means any of the following:
"(1) The United States Military Academy.
"(2) The United States Naval Academy.
"(3) The United States Air Force Academy."
Sexual Harassment and Violence at the Military Service Academies
Pub. L. 108–375, div. A, title V, §576, Oct. 28, 2004, 118 Stat. 1924, as amended by Pub. L. 111–84, div. A, title V, §566, Oct. 28, 2009, 123 Stat. 2313, provided that:
"(a) Extension of Task Force.—(1) The task force in the Department of Defense established by the Secretary of Defense pursuant to section 526 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1466) [set out below] to examine matters relating to sexual harassment and violence at the United States Military Academy and United States Naval Academy shall continue in existence for a period of at least 18 months after the date as of which the task force would otherwise be terminated pursuant to subsection (i) of that section.
"(2) Upon the completion of the functions of the task force referred to in paragraph (1) pursuant to section 526 of the National Defense Authorization Act for Fiscal Year 2004, the name of the task force shall be changed to the Defense Task Force on Sexual Assault in the Military Services, and the task force shall then carry out the functions specified in this section. The task force shall not begin to carry out the functions specified in this section until it has completed its functions under such section 526.
"(3) Before the task force extended under this subsection begins to carry out the functions specified in this section, the Secretary of Defense may, consistent with the qualifications required by section 526(f) of Public Law 108–136, change the composition of the task force as the Secretary considers appropriate for the effective performance of such functions, except that—
"(A) any change initiated by the Secretary in the membership of the task force under this paragraph may not take effect before the task force has completed its functions under section 526 of Public Law 108–136; and
"(B) the total number of members of the task force may not exceed 14.
"(b) Examination of Matters Relating to Sexual Assault in the Armed Forces.—The task force shall conduct an examination of matters relating to sexual assault in cases in which members of the Armed Forces are either victims or commit acts of sexual assault.
"(c) Recommendations.—The Task Force shall include in its report under subsection (e) recommendations of ways by which civilian officials within the Department of Defense and leadership within the Armed Forces may more effectively address matters relating to sexual assault. That report shall include an assessment of, and recommendations (including any recommendations for changes in law) for measures to improve, with respect to sexual assault, the following:
"(1) Victim care and advocacy programs.
"(2) Effective prevention.
"(3) Collaboration among military investigative organizations with responsibility or jurisdiction.
"(4) Coordination and resource sharing between military and civilian communities, including local support organizations.
"(5) Reporting procedures, data collection, tracking of cases, and use of data on sexual assault by senior military and civilian leaders.
"(6) Oversight of sexual assault programs, including development of measures of the effectiveness of those programs in responding to victim needs.
"(7) Military justice issues.
"(8) Progress in developing means to investigate and prosecute assailants who are foreign nationals.
"(9) Adequacy of resources supporting sexual assault prevention and victim advocacy programs, particularly for deployed units and personnel.
"(10) Training of military and civilian personnel responsible for implementation of sexual assault policies.
"(11) Programs and policies, including those related to confidentiality, designed to encourage victims to seek services and report offenses.
"(12) Other issues identified by the task force relating to sexual assault.
"(d) Methodology.—In carrying out its examination under subsection (b) and in formulating its recommendations under subsection (c), the task force shall consider the findings and recommendations of previous reviews and investigations of sexual assault conducted by the Department of Defense and the Armed Forces.
"(e) Report.—(1) Not later than December 1, 2009, the task force shall submit to the Secretary of Defense and the Secretaries of the Army, Navy, and Air Force a report on the activities of the task force and on the activities of the Department of Defense and the Armed Forces to respond to sexual assault.
"(2) The report shall include the following:
"(A) A description of any barrier to implementation of improvements as a result of previous efforts to address sexual assault.
"(B) Other areas of concern not previously addressed in prior reports.
"(C) The findings and conclusions of the task force.
"(D) Any recommendations for changes to policy and law that the task force considers appropriate.
"(3) Within 90 days after receipt of the report under paragraph (1), the Secretary of Defense shall submit the report, together with the Secretary's evaluation of the report, to the Committees on Armed Services of the Senate and House of Representatives.
"(f) Termination.—The task force shall terminate 90 days after the date on which the report of the task force is submitted to the Committees on Armed Services of the Senate and House of Representatives pursuant to subsection (e)(3)."
Pub. L. 108–136, div. A, title V, §526, Nov. 24, 2003, 117 Stat. 1466, provided that:
"(a) Establishment.—The Secretary of Defense shall establish a Department of Defense task force to examine matters relating to sexual harassment and violence at the United States Military Academy and the United States Naval Academy.
"(b) Recommendations.—Not later than 12 months after the date on which all members of the task force have been appointed, the task force shall submit to the Secretary of Defense a report recommending ways by which the Department of Defense and the Department of the Army and the Department of the Navy may more effectively address matters relating to sexual harassment and violence at the United States Military Academy and the United States Naval Academy, respectively. The report shall include an assessment of, and recommendations (including any recommended changes in law) for measures to improve, with respect to sexual harassment and violence at those academies, the following:
"(1) Victims' safety programs.
"(2) Offender accountability.
"(3) Effective prevention of sexual harassment and violence.
"(4) Collaboration among military organizations with responsibility or jurisdiction with respect to sexual harassment and violence.
"(5) Coordination between military and civilian communities, including local support organizations, with respect to sexual harassment and violence.
"(6) Coordination between military and civilian communities, including civilian law enforcement relating to acts of sexual harassment and violence.
"(7) Data collection and case management and tracking.
"(8) Curricula and training, including standard training programs for cadets at the United States Military Academy and midshipmen at the United States Naval Academy and for permanent personnel assigned to those academies.
"(9) Responses to sexual harassment and violence at those academies, including standard guidelines.
"(10) Other issues identified by the task force relating to sexual harassment and violence at those academies.
"(c) Methodology.—The task force shall consider the findings and recommendations of previous reviews and investigations of sexual harassment and violence conducted for those academies as one of the bases for its assessment.
"(d) Report.—(1) The task force shall submit to the Secretary of Defense and the Secretaries of the Army and the Navy a report on the activities of the task force and on the activities of the United States Military Academy and the United States Naval Academy to respond to sexual harassment and violence at those academies.
"(A) Any barriers to implementation of improvements as a result of those efforts.
"(D) Any recommendations for changes to policy and law as the task force considers appropriate, including whether cases of sexual assault at those academies should be included in the Department of Defense database known as the Defense Incident-Based Reporting System.
"(3) Within 90 days after receipt of the report under paragraph (1) the Secretary of Defense shall submit the report, together with the Secretary's evaluation of the report, to the Committees on Armed Services of the Senate and House of Representatives.
"(e) Report on Air Force Academy.—Simultaneously with the submission of the report under subsection (d)(3), the Secretary of Defense, in coordination with the Secretary of the Air Force, shall submit to the committees specified in that subsection the Secretary's assessment of the effectiveness of corrective actions being taken at the United States Air Force Academy as a result of various investigations conducted at that Academy into matters involving sexual assault and harassment.
"(f) Composition.—(1) The task force shall consist of not more than 14 members, to be appointed by the Secretary of Defense. Members shall be appointed from each of the Army, Navy, Air Force, and Marine Corps, and shall include an equal number of personnel of the Department of Defense (military and civilian) and persons from outside the Department of Defense. Members appointed from outside the Department of Defense may be appointed from other Federal departments and agencies, from State and local agencies, or from the private sector.
"(2) The Secretary shall ensure that the membership of the task force appointed from the Department of Defense includes at least one judge advocate.
"(3) In appointing members to the task force, the Secretary may—
"(A) consult with the Attorney General regarding a representative from the Office of Violence Against Women of the Department of Justice; and
"(B) consult with the Secretary of Health and Human Services regarding a representative from the Women's Health office of the Department of Health and Human Services.
"(4) Each member of the task force appointed from outside the Department of Defense shall be an individual who has demonstrated expertise in the area of sexual harassment and violence or shall be appointed from one of the following:
"(A) A representative from the Office of Civil Rights of the Department of Education.
"(B) A representative from the Centers for Disease Control and Prevention of the Department of Health and Human Services.
"(C) A sexual assault policy and advocacy organization.
"(D) A civilian law enforcement agency.
"(E) A judicial policy organization.
"(F) A national crime victim policy organization.
"(5) The members of the task force shall be appointed not later than 120 days after the date of the enactment of this Act [Nov. 24, 2003].
"(g) Co-Chairs of the Task Force.—There shall be two co-chairs of the task force. One of the co-chairs shall be designated by the Secretary of the Defense at the time of appointment from among the Department of Defense personnel on the task force. The other co-chair shall be selected from among the members appointed from outside the Department of Defense by those members.
"(h) Administrative Support.—(1) Each member of the task force who is a member of the Armed Forces or a civilian officer or employee of the United States shall serve without compensation (other than compensation to which entitled as a member of the Armed Forces or an officer or employee of the United States, as the case may be). Other members of the task force shall be appointed in accordance with, and subject to, section 3161 of title 5, United States Code.
"(2) The Deputy Under Secretary of Defense for Personnel and Readiness, under the direction of the Under Secretary of Defense for Personnel and Readiness, shall provide oversight of the task force. The Washington Headquarters Services of the Department of Defense shall provide the task force with personnel, facilities, and other administrative support as necessary for the performance of the task force's duties.
"(3) The Deputy Under Secretary shall coordinate with the Secretary of the Army to provide visits of the task force to the United States Military Academy and with the Secretary of the Navy to provide visits of the task force to the United States Naval Academy.
"(i) Termination.—The task force shall terminate 90 days after the date on which the report of the task force is submitted to the Committees on Armed Services of the Senate and House of Representatives pursuant to subsection (d)(3)."
Colonel Thomas Hawkins Johnson Visiting Scholar Program and Lecture Series
Pub. L. 101–510, div. A, title XIV, §1466, Nov. 5, 1990, 104 Stat. 1700, provided that:
"(a) Visiting Scholar Program.—(1) The Secretary of the Army shall establish a visiting scholar program at the United States Military Academy to be known as the 'Thomas Hawkins Johnson Visiting Scholar Program'. The Secretary shall select not more than two scholars to participate in the program for an academic year. A person selected to participate in the program shall serve as an instructor at the Academy for two weeks during the academic year and perform such duties as the Secretary may assign.
"(2) There is authorized to be appropriated to the Secretary of the Army $25,000 for each fiscal year to carry out this subsection.
"(b) Lecture Series.—(1) The Secretary of Defense shall establish a lecture series at the National Defense University to be known as the 'Thomas Hawkins Johnson Lecture Series'. The Secretary shall use the lecture series to bring prominent persons to the National Defense University to deliver lectures on topics relating to public policy, national security, and science.
"(2) There is authorized to be appropriated to the Secretary of Defense $25,000 for each fiscal year to carry out this subsection."
§7432. Departments and professors: titles
(a) The Secretary of the Army may prescribe the titles of each of the departments of instruction and the professors of the Academy. However, the change of the title of a department or officer does not affect the status, rank, or eligibility for promotion or retirement of, or otherwise prejudice, a professor at the Academy.
(b) Upon becoming the senior professor in a department, a permanent professor thereby becomes the head of that department.
(Aug. 10, 1956, ch. 1041, 70A Stat. 238, §4332; renumbered §7432, Pub. L. 115–232, div. A, title VIII, §808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
10:1087 (proviso).
Dec. 14, 1942, ch. 729, 56 Stat. 1049.
June 26, 1946, ch. 495, §1 (proviso), 60 Stat. 312.
In subsection (a), the words "now or after December 14, 1942, established at" are omitted as surplusage. The word "precedence" is omitted as covered by the word "rank". The words "pay, allowances" are omitted, since they are determined by the grade held. The words "from time to time", "shall be known", and "operate in any case or on any account" are omitted as surplusage.
§7433. Superintendent; faculty: appointment and detail
(a) The Superintendent and the Commandant of Cadets of the Academy shall be detailed to those positions by the President from any branch of the Army. Other officers on duty at the Academy, except the permanent professors, may be detailed from any branch of the Army.
(b) The permanent professors of the Academy shall be appointed by the President, by and with the advice and consent of the Senate.
(c) The director of admissions of the Academy shall be appointed by the President, by and with the advice and consent of the Senate, and shall perform such duties as the Superintendent of the Academy may prescribe with the approval of the Secretary of the Army.
(d) Any officer of the Regular Army in a grade above captain may be detailed to perform the duties of director of admissions without being appointed as director of admissions. Such a detail does not affect his position on the active-duty list.
(e) No graduate of the Academy may be appointed or detailed to serve at the Academy as a professor or instructor, or as an assistant to a professor or instructor, within two years after his graduation.
(Aug. 10, 1956, ch. 1041, 70A Stat. 238, §4333; Pub. L. 85–600, §1(9), Aug. 6, 1958, 72 Stat. 522; Pub. L. 95–551, §2, Oct. 30, 1978, 92 Stat. 2069; Pub. L. 96–513, title V, §502(24), Dec. 12, 1980, 94 Stat. 2910; renumbered §7433, Pub. L. 115–232, div. A, title VIII, §808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
4333(c)
10:1063 (1st sentence, and 1st 26 words of last sentence).
10:1063 (last sentence, less 1st 26 words).
R.S. 1313.
R.S. 1314 (words before semicolon).
July 26, 1894, ch. 167 (words after semicolon in 7th clause), 28 Stat. 151.
In subsection (a), the word "detailed" is substituted for the word "selected", in 10:1062, and for the word "appointed", in 10:1063, since historically the offices of superintendent and commandant of cadets have been filled by detail. The words "assistant professors, acting assistant professors, and the adjutant", in 10:1063, are omitted as covered by the word "officers", in 10:1062. The words "except the permanent professors" are inserted to conform to 10:1062.
In subsection (b), the words "by and with the advice and consent of the Senate" are inserted, since many of the statutes establishing particular permanent professorships from time to time have so provided, and historically it has been the uniform practice to make these appointments in this manner. 10:1063 (last 14 words) is omitted as obsolete and as covered by section 4349(b) of this title.
In subsection (c), the word "appointed" is substituted for the word "assigned".
1980—Subsec. (d). Pub. L. 96–513 struck out "regular or temporary" in first sentence, and substituted "active-duty list" for "applicable promotion list" in second sentence.
1978—Subsecs. (c), (d). Pub. L. 95–551 substituted "director of admissions" for "registrar" wherever appearing.
1958—Subsecs. (c) to (e). Pub. L. 85–600 added subsecs. (c) and (d) and redesignated former subsec. (c) as (e).
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 Retired Officer as Librarian
Provisions authorizing the performance of the duties of the librarian at the United States Military Academy by a retired officer detailed on active duty, which were contained in Pub. L. 85–724, title III, Aug. 22, 1958, 72 Stat. 714, the Department of Defense Appropriation Act, 1959, were not contained in subsequent appropriation acts. Similar provisions were contained in the following prior acts:
Aug. 2, 1957, Pub. L. 85–117, title III, 71 Stat. 313.
July 2, 1956, ch. 488, title III, 70 Stat. 456.
July 13, 1955, ch. 358, title III, 69 Stat. 303.
June 30, 1954, ch. 432, title IV, 68 Stat. 339.
Aug. 1, 1953, ch. 305, title III, 67 Stat. 338.
Oct. 18, 1951, ch. 512, title III, 65 Stat. 427.
Sept. 6, 1950, ch. 896, Ch. X, title III, 64 Stat. 733.
June 24, 1948, ch. 632, 62 Stat. 660.
July 30, 1947, ch. 357, title I, 61 Stat. 563.
July 16, 1946, ch. 583, 60 Stat. 555.
July 3, 1945, ch. 265, 59 Stat. 398.
Apr. 26, 1939, ch. 88, 53 Stat. 610.
May 15, 1936, ch. 404, 49 Stat. 1297.
Apr. 9, 1935, ch. 54, title I, 49 Stat. 138.
Apr. 26, 1934, ch. 165, title I, 48 Stat. 631.
§7433a. Superintendent: condition for detail to position
(a) Retirement.—As a condition for detail to the position of Superintendent of the Academy, an officer shall acknowledge that upon termination of that detail the officer shall be retired pursuant to section 7321(a) of this title, unless such retirement is waived under section 7321(b) of this title.
(b) Minimum Tour of Duty.—An officer who is detailed to the position of Superintendent of the Academy shall be so detailed for a period of not less than three years. In any case in which an officer serving as Superintendent is reassigned or retires before having completed three years service as Superintendent, or otherwise leaves that position (other than due to death) without having completed three years service in that position, the Secretary of the Army shall submit to Congress notice that such officer left the position of Superintendent without having completed three years service in that position, together with a statement of the reasons why that officer did not complete three years service in that position.
(Added Pub. L. 106–65, div. A, title V, §532(a)(1)(B), Oct. 5, 1999, 113 Stat. 603, §4333a; amended Pub. L. 108–375, div. A, title V, §541(b)(1), Oct. 28, 2004, 118 Stat. 1902; renumbered §7433a and amended Pub. L. 115–232, div. A, title VIII, §§808(c)(1), 809(a), Aug. 13, 2018, 132 Stat. 1839, 1840.)
2018—Pub. L. 115–232, §808(c)(1), renumbered section 4333a of this title as this section.
Subsec. (a). Pub. L. 115–232, §809(a), substituted "section 7321(a)" for "section 3921(a)" and "section 7321(b)" for "section 3921(b)".
2004—Pub. L. 108–375 designated existing provisions as subsec. (a), inserted heading, inserted "pursuant to section 3921(a) of this title, unless such retirement is waived under section 3921(b) of this title" before period at end, and added subsec. (b).
Application of Section to Superintendents Serving on October 5, 1999
Section not applicable to an officer serving on Oct. 5, 1999, in the position of Superintendent of the United States Military Academy, Naval Academy, or Air Force Academy for so long as that officer continues on and after that date to serve in that position without a break in service, see section 532(a)(5) of Pub. L. 106–65, set out as a note under section 7321 of this title.
§7434. Command and supervision
(a) The supervision and charge of the Academy is in the Department of the Army, under officers of the Army detailed to that duty by the Secretary of the Army.
(b) The immediate government of the Academy is under the Superintendent, who is also the commanding officer of the Academy and of the military post at West Point.
(c) The Commandant of Cadets is the immediate commander of the Corps of Cadets, and is in charge of the instruction of the Corps in tactics.
(d) The permanent professors and the director of admissions exercise command only in the academic department of the Academy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 239, §4334; Pub. L. 85–600, §1(10), Aug. 6, 1958, 72 Stat. 523; Pub. L. 95–551, §2, Oct. 30, 1978, 92 Stat. 2069; renumbered §7434, Pub. L. 115–232, div. A, title VIII, §808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
4334(a) 10:1041. R.S. 1331.
4334(b) 10:1042. R.S. 1311.
4334(c) 10:1065. R.S. 1312.
4334(d) 10:1079. June 28, 1902, ch. 1300 (1st proviso under "Permanent Establishment"), 32 Stat. 409.
In subsection (a), the word "detailed" is substituted for the word "assign" to conform to section 4333 of this title.
In subsection (b), the words "and, in his absence, the next in rank" are omitted as surplusage.
In subsection (c), the words "Corps of Cadets" are substituted for the words "battalion of cadets" to conform to section 4349 of this title and present terminology. The words "of artillery, cavalry, and infantry" are omitted as surplusage.
In subsection (d), reference to assimilated rank is omitted as superseded by section 4336 of this title. The words "and the associate professor" are omitted as obsolete.
A prior section 7434, acts Aug. 10, 1956, ch. 1041, 70A Stat. 461; Sept. 2, 1958, Pub. L. 85–861, §33(a)(35), 72 Stat. 1566; Oct. 11, 1962, Pub. L. 87–796, §1(10), 76 Stat. 906; Apr. 5, 1976, Pub. L. 94–258, title II, §201(16), 90 Stat. 313; Dec. 12, 1980, Pub. L. 96–513, title V, §513(36), 94 Stat. 2934; Nov. 5, 1990, Pub. L. 101–510, div. A, title XIII, §1311(7), 104 Stat. 1670, directed Secretary to submit annual report to Congress on production from naval petroleum reserves during the preceding year, prior to repeal by Pub. L. 104–66, title I, §1051(g), Dec. 21, 1995, 109 Stat. 716. Pub. L. 104–106, div. A, title XV, §1502(a)(28)(A), Feb. 10, 1996, 110 Stat. 506, which directed the general amendment of this section, could not be executed because of the prior repeal by Pub. L. 104–66.
1978—Subsec. (d). Pub. L. 95–551 substituted "director of admissions" for "registrar".
1958—Subsec. (d). Pub. L. 85–600 inserted "and the registrar" after "professors".
§7435. Dean of Academic Board
(a) The Dean of the Academic Board shall be appointed as an additional permanent professor from the permanent professors who have served as heads of departments of instruction at the Academy.
(b) The Dean of the Academic Board shall perform such duties as the Superintendent of the Academy may prescribe with the approval of the Secretary of the Army.
(c) The retirement age of an officer appointed as Dean of the Academic Board is that of a permanent professor of the Academy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 239, §4335; Pub. L. 85–861, §33(a)(46)(A), Sept. 2, 1958, 72 Stat. 1567; Pub. L. 99–661, div. A, title V, §508(a), Nov. 14, 1986, 100 Stat. 3866; Pub. L. 102–484, div. A, title V, §521(a), Oct. 23, 1992, 106 Stat. 2409; Pub. L. 106–65, div. A, title V, §533(a), Oct. 5, 1999, 113 Stat. 604; Pub. L. 115–91, div. A, title V, §507(a), Dec. 12, 2017, 131 Stat. 1374; renumbered §7435, Pub. L. 115–232, div. A, title VIII, §808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
1956 Act
10:1089 (2d sentence).
10:1089 (less 1st 20 words, and less 2d sentence).
June 26, 1946, ch. 495, §3 (less 1st 20 words), 60 Stat. 312.
In subsection (b), the word "grade" is substituted for the word "rank". The words "pay, allowances" are omitted, since they are determined by the grade held. The words "retirement rights" are omitted as covered by the word "benefits". The words "There is authorized", "from time to time", and "statutory" are omitted as surplusage.
The word "regular" is deleted [in sections 4335 and 4336] to make clear that a Dean or professor of the United States Military Academy holds only the office of "Dean" or "professor" and not the office of "brigadier general" or "colonel", as the case may be, even though he is entitled to the pay and allowances of that grade.
2017—Subsec. (c). Pub. L. 115–91 struck out first sentence which read as follows: "While serving as Dean of the Academic Board, an officer of the Army who holds a grade lower than brigadier general shall hold the grade of brigadier general, if appointed to that grade by the President, by and with the advice and consent of the Senate."; substituted "appointed as Dean of the Academic Board" for "so appointed" in second sentence; and struck out third sentence which read as follows: "An officer so appointed is counted for purposes of the limitation in section 526(a) of this title on general officers of the Army on active duty."
1992—Subsec. (c). Pub. L. 102–484 struck out subsec. (c) which read as follows: "The Dean of the Academic Board has the grade of brigadier general while serving in such position, with the benefits authorized for regular brigadier generals of the Army, if appointed to that grade by the President, by and with the advice and consent of the Senate. However, the retirement age of an officer so appointed is that of a permanent professor of the Academy."
1986—Subsec. (b). Pub. L. 99–661, §508(a)(1), struck out "The Dean has the grade of brigadier general while serving as such, with the benefits authorized for regular brigadier generals of the Army, except that his retirement age is that of a permanent professor of the Academy." See subsec. (c).
Subsec. (c). Pub. L. 99–661, §508(a)(2), added subsec. (c).
1958—Subsec. (b). Pub. L. 85–861 substituted "the grade of brigadier general" for "the regular grade of brigadier general".
Amendment by Pub. L. 99–661 applicable with respect to appointments or details made on or after Nov. 14, 1986, see section 508(f) of Pub. L. 99–661, set out as an Effective Date note under section 12210 of this title.
Amendment by Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title.
§7436. Permanent professors; director of admissions
(a) A permanent professor of the Academy, other than the Dean of the Academic Board, who is the head of a department of instruction, or who has served as such a professor for more than six years, has the grade of colonel. However, a permanent professor appointed from the Regular Army has the grade of colonel after the date when he completes six years of service as a professor, or after the date on which he would have been promoted had he been selected for promotion from among officers in the promotion zone, whichever is earlier. All other permanent professors have the grade of lieutenant colonel.
(b) A person appointed as director of admissions of the Academy has the regular grade of lieutenant colonel, and, after he has served six years as director of admissions, has the regular grade of colonel. However, a person appointed from the Regular Army has the regular grade of colonel after the date when he completes six years of service as director of admissions, or after the date on which he would have been promoted had he been selected for promotion from among officers in the promotion zone, whichever is earlier.
(Aug. 10, 1956, ch. 1041, 70A Stat. 239, §4336; Pub. L. 85–600, §1(11), Aug. 6, 1958, 72 Stat. 523; Pub. L. 85–861, §33(a)(46)(B), Sept. 2, 1958, 72 Stat. 1567; Pub. L. 95–551, §§2, 4(a), Oct. 30, 1978, 92 Stat. 2069; Pub. L. 96–513, title II, §218(a), title V, §502(25), Dec. 12, 1980, 94 Stat. 2886, 2911; Pub. L. 98–525, title V, §533(d)(1), Oct. 19, 1984, 98 Stat. 2528; renumbered §7436, Pub. L. 115–232, div. A, title VIII, §808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
4336 10:1079a(a). Aug. 7, 1947, ch. 512, §520(a), 61 Stat. 912.
The word "grade" is substituted for the word "rank". The words "pay, and allowances" are omitted, since they are determined by the grade held. 10:1079a (a) (last proviso), and the words "Hereafter each of", "who have been or may hereafter be", and "and appointed in" are omitted as surplusage.
1984—Subsecs. (a), (b). Pub. L. 98–525 substituted "on which he would have been promoted had he been selected for promotion from among officers in the promotion zone," for "when a regular officer, junior to him on the promotion list or active-duty list on which his name was carried before his appointment as a professor, is promoted to the regular grade of colonel,".
1980—Subsecs. (a), (b). Pub. L. 96–513, §502(25), substituted "a regular officer" for "a promotion-list officer", and inserted "or active-duty list" after "on the promotion list".
Subsec. (c). Pub. L. 96–513, §218(a), struck out subsec. (c) which provided that, unless he is serving in a higher grade, an officer detailed to perform the duties of director of admissions has, while performing those duties, the temporary grade of lieutenant colonel and, after performing those duties for a period of six years, has the temporary grade of colonel.
1978—Pub. L. 95–551, §4(a), substituted "director of admissions" for "registrar" in section catchline.
Subsecs. (b), (c). Pub. L. 95–551, §2, substituted "director of admissions" for "registrar" wherever appearing.
1958—Pub. L. 85–600, §1(11)(C), inserted "; registrar" in section catchline.
Subsec. (a). Pub. L. 85–861 substituted "has the grade of colonel" for "has the regular grade of colonel" in two places, and "have the grade of lieutenant colonel" for "have the regular grade of lieutenant colonel".
Pub. L. 85–600 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
Amendment by section 218(a) of Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on Dec. 12, 1980, and amendment by section 502(25) of 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.
Service Performed as Registrar Prior to Aug. 6, 1958
Pub. L. 85–600, §2, Aug. 6, 1958, 72 Stat. 524, provided that: "No increase in pay or allowances accrues by reason of the enactment of this Act [amending this section and sections 3075, 3204, 3205, 3283, 3296, 3883, 3886, 4331, 4333, 4334, 8075, 8204, 8205, 8296, 8883, 8886, 9331, 9333, 9334, and 9336 of this title] for service performed before this Act takes effect [Aug. 6, 1958]."
§7437. Chaplain
There shall be a chaplain at the Academy, who must be a clergyman, appointed by the President for a term of four years. The chaplain is entitled to a monthly housing allowance in the same amount as the basic allowance for housing allowed to a lieutenant colonel, and to fuel and light for quarters in kind. The chaplain may be reappointed.
(Aug. 10, 1956, ch. 1041, 70A Stat. 239, §4337; Pub. L. 87–651, title I, §117, Sept. 7, 1962, 76 Stat. 513; Pub. L. 107–107, div. A, title V, §540(a), Dec. 28, 2001, 115 Stat. 1109; renumbered §7437, Pub. L. 115–232, div. A, title VIII, §808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
4337 10:1083.
Feb. 18, 1896, ch. 22 (proviso), 29 Stat. 8; May 16, 1928, ch. 579, 45 Stat. 573; June 2, 1945, ch. 172, 59 Stat. 230.
The words "The chaplain may be reappointed" are substituted for the words "and said chaplain shall be eligible for reappointment for an additional term or terms". The figures "$5,482.80" and "$6,714" are substituted for the figures "$4,000" and "$5,000" to reflect increases in the rates of salary of that office effected by the Federal Employees Pay Act of 1945, 59 Stat. 295, the Federal Employees Pay Act of 1946, 60 Stat. 216, the Postal Rate Revision and Federal Employees Salary Act of 1948, 62 Stat. 1260, and the Classification Act of 1949, 63 Stat. 954.
The change reflects the opinion of the Assistant General Counsel, Civil Service Commission (GC: JHF:fz, May 4, 1959), that those parts of section 4337 and 9337 of title 10 that relate to the salaries of the chaplains at the United States Military Academy and the United States Air Force Academy were superseded by the Classification Act of 1949 (5 U.S.C. 1071 et seq.). While the positions of chaplain at those Academies are not specifically covered by the Act, the Act has been determined to apply to those positions in accordance with section 203 thereof (5 U.S.C. 1083).
2001—Pub. L. 107–107 substituted "a monthly housing allowance in the same amount as the basic allowance for housing allowed to a lieutenant colonel" for "the same allowances for public quarters as are allowed to a captain".
1962—Pub. L. 87–651 struck out provisions which prescribed the salary of chaplain on appointment and reappointment.
Pub. L. 107–107, div. A, title V, §540(b), Dec. 28, 2001, 115 Stat. 1109, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on the first day of the first month beginning on or after the date of the enactment of this Act [Dec. 28, 2001]."
Functions of President under this section delegated to Secretary of Defense, see section 1(5) 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.
§7438. Civilian faculty: number; compensation
(a) The Secretary of the Army may employ as many civilians as professors, instructors, and lecturers at the Academy as the Secretary considers necessary.
(b) The compensation of persons employed under this section is as prescribed by the Secretary.
(c) The Secretary of the Army may, notwithstanding the provisions of subchapter V of chapter 55 of title 5 or section 6101 of such title, prescribe for persons employed under this section the following:
(1) The work schedule, including hours of work and tours of duty, set forth with such specificity and other characteristics as the Secretary determines appropriate.
(2) Any premium pay or compensatory time off for hours of work or tours of duty in excess of the regularly scheduled hours or tours of duty.
(Added Pub. L. 103–160, div. A, title V, §533(a)(1), Nov. 30, 1993, 107 Stat. 1658, §4338; amended Pub. L. 106–65, div. A, title XI, §1107(a), Oct. 5, 1999, 113 Stat. 778; renumbered §7438, Pub. L. 115–232, div. A, title VIII, §808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
Prior sections 7438 and 7439 were renumbered sections 8738 and 8739 of this title, respectively.
§7440. Quartermaster
The Secretary of the Army shall detail a commissioned officer of the Army as quartermaster for the Corps of Cadets. The quartermaster shall—
(1) buy and issue all supplies for the cadets;
(2) buy and issue all provisions for the mess; and
(3) supervise the mess.
4340 10:1067. Aug. 7, 1876, ch. 255 (last par.), 19 Stat. 126.
The words "buy and issue all provisions for the mess" and "supervise the mess" are substituted for the words "all the duties of purveying and supervision for the mess". The word "commissary" is omitted as obsolete. The words "and all supplies of all kinds and descriptions shall be furnished to the cadets at actual cost, without any commission or advance over said cost" are omitted to reflect Title IV of the National Security Act of 1947, as amended (61 Stat. 495), which authorized the Secretary of Defense to prescribe regulations governing the use and sale of certain inventories at cost, including applicable administrative expenses.
§7441. Faculty and other officers: leaves of absence
The Superintendent of the Academy may grant a leave of absence for the period of the suspension of the ordinary academic studies, without deduction of pay or allowances, to a professor, assistant professor, instructor, or other officer of the Academy.
4341 10:1144. R.S. 1330.
The words "under regulations prescribed by the Secretary of the Army" are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions.
§7441a. Cadets: appointment by the President
Cadets at the Academy shall be appointed by the President alone. An appointment is conditional until the cadet is admitted.
(Added Pub. L. 97–60, title II, §203(a)(2)(A), Oct. 14, 1981, 95 Stat. 1006, §4341a; renumbered §7441a, Pub. L. 115–232, div. A, title VIII, §808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
2018—Pub. L. 115–232 renumbered section 4341a of this title as this section.
Pub. L. 97–60, title II, §203(d), Oct. 14, 1981, 95 Stat. 1007, provided that: "The amendments made by this section [enacting this section and section 9341a of this title and amending sections 4342, 6953, 6954, and 9342 of this title] shall take effect with respect to nominations for appointment to the first class admitted to each Academy after the date of the enactment of this Act [Oct. 14, 1981]."
§7442. Cadets: appointment; numbers, territorial distribution
(a) The authorized strength of the Corps of Cadets of the Academy (determined for any year as of the day before the last day of the academic year) is 4,400 or such lower number as may be prescribed by the Secretary of the Army under subsection (j). Subject to that limitation, cadets are selected as follows:
(1) 65 cadets selected in order of merit as established by competitive examinations from the children of members of the armed forces who were killed in action or died of, or have a service-connected disability rated at not less than 100 per centum resulting from, wounds or injuries received or diseases contracted in, or preexisting injury or disease aggravated by, active service, children of members who are in a "missing status" as defined in section 551(2) of title 37, and children of civilian employees who are in "missing status" as defined in section 5561(5) of title 5. The determination of the Department of Veterans Affairs as to service connection of the cause of death or disability, and the percentage at which the disability is rated, is binding upon the Secretary of the Army.
(2) Five cadets nominated at large by the Vice President or, if there is no Vice President, by the President pro tempore of the Senate.
(3) Ten cadets from each State, five of whom are nominated by each Senator from that State.
(4) Five cadets from each congressional district, nominated by the Representative from the district.
(5) Five cadets from the District of Columbia, nominated by the Delegate to the House of Representatives from the District of Columbia.
(6) Four cadets from the Virgin Islands, nominated by the Delegate in Congress from the Virgin Islands.
(7) Six cadets from Puerto Rico, five of whom are nominated by the Resident Commissioner from Puerto Rico and one who is a native of Puerto Rico nominated by the Governor of Puerto Rico.
(8) Four cadets from Guam, nominated by the Delegate in Congress from Guam.
(9) Three cadets from American Samoa, nominated by the Delegate in Congress from American Samoa.
(10) Three cadets from the Commonwealth of the Northern Mariana Islands, nominated by the Delegate in Congress from the commonwealth.
Each Senator, Representative, and Delegate in Congress, including the Resident Commissioner from Puerto Rico, is entitled to nominate 10 persons for each vacancy that is available to him under this section. Nominees may be submitted without ranking or with a principal candidate and 9 ranked or unranked alternates. Qualified nominees not selected for appointment under this subsection shall be considered qualified alternates for the purposes of selection under other provisions of this chapter. When a nominee of a Senator, Representative, or Delegate is selected for appointment as a cadet, the Senator, Representative, or Delegate shall be notified at least 48 hours before the official notification or announcement of the appointment is made.
(b) In addition, there may be appointed each year at the Academy cadets as follows:
(1) one hundred selected by the President from the children of members of an armed force who—
(A) are on active duty (other than for training) and who have served continuously on active duty for at least eight years;
(B) are, or who died while they were, retired with pay or granted retired or retainer pay;
(C) are serving as members of reserve components and are credited with at least eight years of service computed under section 12733 of this title; or
(D) would be, or who died while they would have been, entitled to retired pay under chapter 1223 of this title except for not having attained 60 years of age;
however, a person who is eligible for selection under paragraph (1) of subsection (a) may not be selected under this paragraph.
(2) 85 nominated by the Secretary of the Army from enlisted members of the Regular Army.
(3) 85 nominated by the Secretary of the Army from enlisted members of reserve components of the Army.
(4) 20 nominated by the Secretary of the Army, under regulations prescribed by him, from the honor graduates of schools designated as honor schools by the Department of the Army, the Department of the Navy, or the Department of the Air Force, and from members of the Reserve Officers' Training Corps.
(5) 150 selected by the Secretary of the Army in order of merit (prescribed pursuant to section 7443 of this title) from qualified alternates nominated by persons named in paragraphs (3) and (4) of subsection (a).
(c) The President may also appoint as cadets at the Academy children of persons who have been awarded the Medal of Honor for acts performed while in the armed forces.
(d) The Superintendent may nominate for appointment each year 50 persons from the country at large. Persons nominated under this paragraph may not displace any appointment authorized under paragraphs (2) through (9) of subsection (a) and may not cause the total strength of the Corps of Cadets to exceed the authorized number.
(e) If the annual quota of cadets under subsection (b)(1), (2), (3) is not filled, the Secretary may fill the vacancies by nominating for appointment other candidates from any of these sources who were found best qualified on examination for admission and not otherwise nominated.
(f) Each candidate for admission nominated under paragraphs (3) through (9) of subsection (a) must be domiciled in the State, or in the congressional district, from which he is nominated, or in the District of Columbia, Puerto Rico, American Samoa, Guam, or the Virgin Islands, if nominated from one of those places.
(g) The Secretary of the Army may limit the number of cadets authorized to be appointed under this section to the number that can be adequately accommodated at the Academy, as determined by the Secretary after consulting with the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, subject to the following:
(1) Cadets chargeable to each nominating authority named in subsection (a)(3) or (4) may not be limited to less than four.
(2) If the Secretary limits the number of appointments under subsection (a)(3) or (4), appointments under subsection (b)(1)–(4) are limited as follows:
(A) 27 appointments under subsection (b)(1);
(B) 27 appointments under subsection (b)(2);
(C) 27 appointments under subsection (b)(3); and
(D) 13 appointments under subsection (b)(4).
(3) If the Secretary limits the number of appointments under subsection (b)(5), appointments under subsection (b)(2)–(4) are limited as follows:
(B) 27 appointments under subsection (b)(3); and
(C) 13 appointments under subsection (b)(4).
(4) The limitations provided for in this subsection do not affect the operation of subsection (e).
(h) The Superintendent shall furnish to any Member of Congress, upon the written request of such Member, the name of the Congressman or other nominating authority responsible for the nomination of any named or identified person for appointment to the Academy.
(i) For purposes of the limitation in subsection (a) establishing the aggregate authorized strength of the Corps of Cadets, the Secretary of the Army may for any year permit a variance in that limitation by not more than one percent. In applying that limitation, and any such variance, the last day of an academic year shall be considered to be graduation day.
(j)(1) Beginning with the 2003–2004 academic year, the Secretary of the Army may prescribe annual increases in the cadet strength limit in effect under subsection (a). For any academic year, any such increase shall be by no more than 100 cadets or such lesser number as applies under paragraph (3) for that year. Such annual increases may be prescribed until the cadet strength limit is 4,400.
(2) Any increase in the cadet strength limit under paragraph (1) with respect to an academic year shall be prescribed not later than the date on which the budget of the President is submitted to Congress under section 1105 of title 31 for the fiscal year beginning in the same year as the year in which that academic year begins. Whenever the Secretary prescribes such an increase, the Secretary shall submit to Congress a notice in writing of the increase. The notice shall state the amount of the increase in the cadet strength limit and the new cadet strength limit, as so increased, and the amount of the increase in Senior Army Reserve Officers' Training Corps enrollment under each of sections 2104 and 2107 of this title.
(3) The amount of an increase under paragraph (1) in the cadet strength limit for an academic year may not exceed the increase (if any) for the preceding academic year in the total number of cadets enrolled in the Army Senior Reserve Officers' Training Corps program under chapter 103 of this title who have entered into an agreement under section 2104 or 2107 of this title.
(4) In this subsection, the term "cadet strength limit" means the authorized maximum strength of the Corps of Cadets of the Academy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 240, §4342; Pub. L. 85–861, §33(a)(26), Sept. 2, 1958, 72 Stat. 1565; Pub. L. 87–663, §1(1), (2), Sept. 14, 1962, 76 Stat. 547; Pub. L. 88–276, §1(1), Mar. 3, 1964, 78 Stat. 148; Pub. L. 89–650, §1(1)–(4), Oct. 13, 1966, 80 Stat. 896; Pub. L. 90–374, July 5, 1968, 82 Stat. 283; Pub. L. 90–623, §2(8), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 91–405, title II, §204(c), Sept. 22, 1970, 84 Stat. 852; Pub. L. 92–365, §1(1), Aug. 7, 1972, 86 Stat. 505; Pub. L. 93–171, §1(1)–(4), Nov. 29, 1973, 87 Stat. 690; Pub. L. 94–106, title VIII, §803(b)(1), Oct. 7, 1975, 89 Stat. 538; Pub. L. 96–513, title V, §512(13), Dec. 12, 1980, 94 Stat. 2930; Pub. L. 96–600, §2(a), Dec. 24, 1980, 94 Stat. 3493; Pub. L. 97–60, title II, §203(a)(1), Oct. 14, 1981, 95 Stat. 1006; Pub. L. 98–94, title X, §1005(a)(1), (b)(1), Sept. 24, 1983, 97 Stat. 660; Pub. L. 101–189, div. A, title XVI, §1621(a)(1), Nov. 29, 1989, 103 Stat. 1602; Pub. L. 101–510, div. A, title V, §532(a)(1), Nov. 5, 1990, 104 Stat. 1563; Pub. L. 103–160, div. A, title V, §531, Nov. 30, 1993, 107 Stat. 1657; Pub. L. 103–337, div. A, title XVI, §1672(c)(3), Oct. 5, 1994, 108 Stat. 3015; Pub. L. 104–106, div. A, title V, §532(a), title XV, §1502(a)(1), Feb. 10, 1996, 110 Stat. 314, 502; Pub. L. 105–85, div. A, title X, §1073(a)(62), Nov. 18, 1997, 111 Stat. 1903; Pub. L. 106–65, div. A, title V, §531(b)(1), title X, §1067(1), Oct. 5, 1999, 113 Stat. 602, 774; Pub. L. 106–398, §1 [[div. A], title V, §531(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-109; Pub. L. 107–314, div. A, title V, §532(a), (f), Dec. 2, 2002, 116 Stat. 2545, 2547; Pub. L. 108–136, div. A, title V, §524(a), title X, §1031(a)(53), Nov. 24, 2003, 117 Stat. 1464, 1603; Pub. L. 109–364, div. A, title X, §1071(a)(28), Oct. 17, 2006, 120 Stat. 2399; Pub. L. 110–181, div. A, title V, §525, Jan. 28, 2008, 122 Stat. 104; Pub. L. 110–229, title VII, §718(a), May 8, 2008, 122 Stat. 869; Pub. L. 110–417, [div. A], title V, §540(a), Oct. 14, 2008, 122 Stat. 4454; Pub. L. 111–84, div. A, title V, §527(a), Oct. 28, 2009, 123 Stat. 2288; Pub. L. 112–239, div. A, title X, §1076(f)(38), Jan. 2, 2013, 126 Stat. 1954; Pub. L. 114–92, div. A, title V, §556(a), Nov. 25, 2015, 129 Stat. 824; Pub. L. 114–328, div. A, title V, §566(a), Dec. 23, 2016, 130 Stat. 2138; renumbered §7442 and amended Pub. L. 115–232, div. A, title VIII, §§808(c)(1), 809(a), Aug. 13, 2018, 132 Stat. 1839, 1840.)
4342(a) 10:1092a (1st par., less clauses (a) through (e)).
10:1092a (clause (a), less 14th through 52d words after 4th semicolon; and less last 32 words).
June 30, 1950, ch. 421, §§1, 2 (last proviso), 64 Stat. 303, 304; June 3, 1954, ch. 251, §2, 68 Stat. 169.
10:1092a (1st 13 words of clause (b)).
10:1092a (1st 26 words of clause (c)).
10:1092a (clause (d)).
10:1092a (clause (e), less last 53 words).
4342(b) 10:1092a (last par.).
4342(c) 10:1092a (14th through 52d words after 4th semicolon of clause (a)).
10:1092b (last proviso).
4342(d) 10:1092a (last 32 words of clause (a)).
4342(e) 10:1092a (clause (b), less 1st 13 words, and less 1st proviso).
4342(f) 10:1092a (1st proviso of clause (b)).
4342(g) 10:1092a (clause (c), less 1st 26 words).
4342(h) 10:1092a (last 53 words of clause (e)).
In subsection (a), the words "the authorized strength * * * is as follows—" are substituted for the words "shall be authorized and consist of the following". The words "at large" and "which totals two thousand four hundred and ninety-six", and 10:1092a (clause (d)) are omitted as surplusage.
In subsection (b), the words "from whatever source of admission", in 10:1092a, are omitted as surplusage. 10:1098 (words before last semicolon) is omitted as obsolete.
In subsection (c), the first 15 words are substituted for the words "all of which cadets shall be". The words "domiciled in" are substituted for the words "actual residents of" to conform to opinions of the Judge Advocate General of the Army (R. 29, 83; J.A.G. 351.11, Feb. 10, 1925).
In subsection (e)(4), the words "armed forces" are substituted for the description of the land or naval forces. The date February 1, 1955, fixed by Proclamation No. 3080 (Jan. 7, 1955; 20 F.R. 173), is substituted for the words "such date as shall thereafter be determined by Presidential proclamation or concurrent resolution of the Congress under section 745 of title 38". The words "including male and female members of * * * and all components thereof" are omitted as surplusage.
In subsection (f), the words "whether a death is service-connected" are substituted for the words "as to the service connection of the cause of death".
In subsection (g), the words "(National Guard of the United States, the Air National Guard of the United States, the Army Reserve, and the Air Force Reserve)", "Regular components", "by members of the National Guard of the United States and the Air National Guard of the United States" and "established at the competitive entrance examination" are omitted as surplusage. The word "grades" is substituted for the words "proficiency averages".
In subsection (h), the words "or shall hereafter be" are omitted as surplusage.
2018—Pub. L. 115–232, §808(c)(1), renumbered section 4342 of this title as this section.
Subsec. (b)(5). Pub. L. 115–232, §809(a), substituted "section 7443" for "section 4343".
2016—Subsec. (a). Pub. L. 114–328 inserted at end of concluding provisions "When a nominee of a Senator, Representative, or Delegate is selected for appointment as a cadet, the Senator, Representative, or Delegate shall be notified at least 48 hours before the official notification or announcement of the appointment is made."
2015—Subsec. (a)(6). Pub. L. 114–92, §556(a)(1), substituted "Four" for "Three".
Subsec. (a)(8). Pub. L. 114–92, §556(a)(2), substituted "Four" for "Three".
Subsec. (a)(9). Pub. L. 114–92, §556(a)(3), substituted "Three" for "Two".
Subsec. (a)(10). Pub. L. 114–92, §556(a)(4), substituted "Three" for "Two".
2013—Subsec. (b)(1). Pub. L. 112–239, §1076(f)(38)(A)(i), substituted "paragraph" for "clause" in two places in concluding provisions.
Subsecs. (b)(5), (d), (f). Pub. L. 112–239, §1076(f)(38)(A)(ii)–(C), substituted "paragraphs" for "clauses".
2009—Subsec. (a)(10). Pub. L. 111–84 substituted "Two cadets" for "One cadet".
2008—Subsec. (a). Pub. L. 110–417 substituted "4,400 or such lower number" for "4,000 or such higher number" in introductory provisions.
Subsec. (a)(10). Pub. L. 110–229 substituted "Delegate in Congress" for "resident representative".
Subsec. (j)(1). Pub. L. 110–181 struck out last sentence which read as follows: "However, no increase may be prescribed for any academic year after the 2007–2008 academic year."
2006—Subsec. (a)(9). Pub. L. 109–364 substituted "cadets" for "cadet".
2003—Subsec. (a)(6), (8). Pub. L. 108–136, §524(a)(1), substituted "Three" for "Two".
Subsec. (a)(9). Pub. L. 108–136, §524(a)(2), substituted "Two" for "One".
Subsec. (h). Pub. L. 108–136, §1031(a)(53), substituted "Superintendent" for "Secretary of the Army".
2002—Subsec. (a). Pub. L. 107–314, §532(a)(1), inserted before period at end of first sentence "or such higher number as may be prescribed by the Secretary of the Army under subsection (j)".
Subsec. (i). Pub. L. 107–314, §532(f), struck out "(beginning with the 2001–2002 academic year)" after "any year".
Subsec. (j). Pub. L. 107–314, §532(a)(2), added subsec. (j).
2000—Subsec. (b)(1)(B). Pub. L. 106–398, §1 [[div. A], title V, §531(a)(1)], struck out ", other than those granted retired pay under section 12731 of this title (or under section 1331 of this title as in effect before the effective date of the Reserve Officer Personnel Management Act)" after "retired or retainer pay".
Subsec. (b)(1)(C), (D). Pub. L. 106–398, §1 [[div. A], title V, §531(a)(2)], added subpars. (C) and (D).
1999—Subsec. (a). Pub. L. 106–65, §531(b)(1)(A), substituted "(determined for any year as of the day before the last day of the academic year) is 4,000. Subject to that limitation, cadets are selected as follows:" for "is as follows:" in introductory provisions.
Subsec. (g). Pub. L. 106–65, §1067(1), substituted "and the Committee on Armed Services" for "and the Committee on National Security" in introductory provisions.
Subsec. (i). Pub. L. 106–65, §531(b)(1)(B), added subsec. (i).
1997—Subsec. (a)(10). Pub. L. 105–85 substituted "Mariana" for "Marianas".
1996—Subsec. (a)(10). Pub. L. 104–106, §532(a), added par. (10).
Subsec. (g). Pub. L. 104–106, §1502(a)(1), substituted "Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives" for "Committees on Armed Services of the Senate and House of Representatives".
1994—Subsec. (b)(1)(B). Pub. L. 103–337 substituted "section 12731 of this title (or under section 1331 of this title as in effect before the effective date of the Reserve Officer Personnel Management Act)" for "section 1331 of this title".
1993—Subsec. (a). Pub. L. 103–160 in concluding provisions substituted "10 persons" for "a principal candidate and nine alternates" and inserted at end "Nominees may be submitted without ranking or with a principal candidate and 9 ranked or unranked alternates. Qualified nominees not selected for appointment under this subsection shall be considered qualified alternates for the purposes of selection under other provisions of this chapter."
1990—Subsec. (a)(8) to (10). Pub. L. 101–510, §532(a)(1)(A), redesignated cls. (9) and (10) as (8) and (9), respectively, and struck out former cl. (8) which read as follows: "One cadet nominated by the Administrator of the Panama Canal Commission from the children of civilian personnel of the United States Government residing in the Republic of Panama who are citizens of the United States."
Subsec. (d). Pub. L. 101–510, §532(a)(1)(B), substituted "clauses (2) through (9)" for "clauses (2)–(7), (9), or (10)".
Subsec. (f). Pub. L. 101–510, §532(a)(1)(C), substituted "clauses (3) through (9)" for "clauses (3)–(7), (9) and (10)".
1989—Subsec. (a)(1). Pub. L. 101–189 substituted "Department of Veterans Affairs" for "Veterans' Administration".
1983—Subsec. (a)(8). Pub. L. 98–94, §1005(b)(1), substituted "One cadet nominated by the Administrator of the Panama Canal Commission from the children of civilian personnel of the United States Government residing in the Republic of Panama who are citizens of the United States" for "One cadet nominated by the Governor of the Panama Canal from the children of civilians residing in the Canal Zone or the children of civilian personnel of the United States Government, or the Panama Canal Company, residing in the Republic of Panama".
Subsec. (a)(10). Pub. L. 98–94, §1005(a)(1), substituted ", nominated by the Delegate in Congress from American Samoa" for "nominated by the Secretary of the Army upon recommendation of the Governor of Samoa".
1981—Subsec. (d). Pub. L. 97–60 substituted provisions authorizing the Superintendent to nominate for appointment each year 50 persons from the country at large for provisions that all cadets were to be appointed by the President and that all such appointments were conditional until the cadet was admitted. See section 4341a of this title.
1980—Subsec. (a)(6), (9). Pub. L. 96–600 substituted "Two cadets" for "One cadet".
Subsec. (h). Pub. L. 96–513 substituted "The" for "Effective beginning with nominations for appointment to the Academy in the calendar year 1964, the".
1975—Subsecs. (a)(1), (8), (b)(1), (c). Pub. L. 94–106 substituted "children" for "sons" wherever appearing.
1973—Subsec. (a)(6). Pub. L. 93–171, §1(1), substituted "One cadet from the Virgin Islands, nominated by the Delegate in Congress from the Virgin Islands" for "Five cadets from each Territory, nominated by the Delegate in Congress from the Territory".
Subsec. (a)(9). Pub. L. 93–171, §1(2), struck out reference to Guam and Virgin Islands.
Subsec. (a)(10). Pub. L. 93–171, §1(3), added cl. (10).
Subsec. (f). Pub. L. 93–171, §1(4), substituted ", (9) and (10) of subsection (a)" for "and (9) of subsection (a)" and struck out reference to Territory.
1972—Subsec. (a)(1). Pub. L. 92–365 increased the number of cadets from 40 to 65 and added sons of members who are in a missing status and sons of civilian employees who are in missing status as eligible for the competitive examination.
1970—Subsec. (a)(5). Pub. L. 91–405 substituted "Delegate to the House of Representatives from the District of Columbia" for "Commissioner of that District".
1968—Subsec. (a). Pub. L. 90–374 increased from five to nine the number of alternates for each vacancy each Senator, Representative, and Delegate in Congress, including the Resident Commissioner from Puerto Rico, is entitled to nominate.
Subsec. (a)(5). Pub. L. 90–623 substituted "Commissioner" for "Commissioners".
1966—Subsec. (a)(1). Pub. L. 89–650, §1(1), provided for selection of cadets to the Military Academy from sons of members of the armed forces who have a 100 per centum service-connected disability and removed the limitation to active service during World War I or World War II or after June 26, 1950, and before Feb. 1, 1955.
Subsec. (a)(2). Pub. L. 89–650, §1(2), provided for nominations to the Military Academy by the President pro tempore of the Senate if there is no Vice President.
Subsec. (b)(1). Pub. L. 89–650, §1(3), increased the number of Presidential appointments to the Military Academy from 75 to 100, provided for selection of eligible persons as stated in items (A) and (B), previously chosen from sons of members of regular components, and declared persons eligible under subsec. (a)(1) ineligible under subsec. (b)(1) of this section.
Subsec. (b)(3). Pub. L. 89–650, §1(4), substituted "reserve components of the Army" for "the Army Reserve".
1964—Pub. L. 88–276 amended section generally, and among other changes, in the noncompetitive appointments, increased the number of cadets nominated by the Vice President from three to five, each Senator, Representative, and Delegate from 4 to 5, and the Commissioner of Puerto Rico from 4 to 5, authorized the Governor of Puerto Rico to appoint one cadet, each Senator, Representative and Delegate to nominate a principal and five alternates for each vacancy, and, in the competitive appointments, permitted the President to appoint 75 cadets annually from the sons of members of the Regular components, instead of a cumulative total of 89, the Secretary of the Army to appoint 85 cadets annually from enlisted members of the Regular Army, instead of a cumulative total of 90, 85 annually from enlisted members of the Army Reserve, instead of a cumulative total of 90, 20 annually from honor graduates of designated honor schools and the R.O.T.C., instead of a cumulative total of 40 from honor schools only, 150 annually, in order of merit, from among the qualified alternates nominated by members of Congress, and when the quota of cadets selected under subsecs. (b)(1), (2), (3) is not filled, to fill the vacancies by appointing those best qualified from any of the three sources, decreased the number of cadets nominated by the Commissioners of the District of Columbia from 6 to 5, and by the Governor of the Panama Canal from 2 to 1, limited appointments to the number that can be adequately accommodated at the Academy, within the limitation that congressional appointments cannot be limited to less than four, and if limited, a priority of selection is established for the other categories, and, beginning in 1964, the Secretary may upon request of a Member of Congress, furnish him the name of any nominating authority responsible for the nomination of any identified person to the Academy.
1962—Subsec. (a)(10). Pub. L. 87–663, §1(1), added cl. (10).
Subsec. (c). Pub. L. 87–633, §1(2), inserted references to American Samoa, Guam, and the Virgin Islands, and substituted "clauses (1)–(5) and (10)" for "clauses (1)–(5)."
1958—Subsec. (c). Pub. L. 85–861 inserted a comma after "district".
Pub. L. 114–328, div. A, title V, §566(e), Dec. 23, 2016, 130 Stat. 2139, provided that: "The amendments made by this section [amending this section, sections 6954 and 9342 of this title, and section 51302 of Title 46, Shipping] shall apply with respect to the appointment of cadets and midshipmen to the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, and the United States Merchant Marine Academy for classes entering these service academies after January 1, 2018."
Pub. L. 114–92, div. A, title V, §556(d), Nov. 25, 2015, 129 Stat. 825, provided that: "The amendments made by this section [amending this section and sections 6954 and 9342 of this title] shall apply with respect to the nomination of candidates for appointment to the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy for classes entering these military service academies after the date of the enactment of this Act [Nov. 25, 2015]."
Pub. L. 111–84, div. A, title V, §527(d), Oct. 28, 2009, 123 Stat. 2288, provided that: "The amendments made by this section [amending this section and sections 6954 and 9342 of this title] shall apply with respect to appointments to the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy beginning with the first class of candidates nominated for appointment to these military service academies after the date of the enactment of this Act [Oct. 28, 2009]."
Pub. L. 110–417, [div. A], title V, §540(d), Oct. 14, 2008, 122 Stat. 4454, provided that: "The amendments made by this section [amending this section and sections 6954 and 9342 of this title] shall apply with respect to academic years at the United States Military Academy, the United States Naval Academy, and the Air Force Academy after the 2007-2008 academic year."
Pub. L. 108–136, div. A, title V, §524(d), Nov. 24, 2003, 117 Stat. 1465, provided that: "The amendments made by this section [amending this section and sections 6954 and 9342 of this title] shall apply with respect to the nomination of candidates for appointment to the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy for classes entering those academies after the date of the enactment of this Act [Nov. 24, 2003]."
Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
Amendment by Pub. L. 97–60 effective with respect to nominations for appointment to the first class admitted to each Academy after Oct. 14, 1981, see section 203(d) of Pub. L. 97–60, set out as an Effective Date note under section 7441a of this title.
Pub. L. 96–600, §2(d), Dec. 24, 1980, 94 Stat. 3493, provided that: "The amendments made by this section [amending this section and sections 6954 and 9342 of this title] shall be effective beginning with the nominations for appointment to the service academies for academic years beginning more than one year after the date of enactment of this Act [Dec. 24, 1980]."
Pub. L. 93–171, §4, Nov. 29, 1973, 87 Stat. 691, provided that: "The amendments made by this Act [amending this section and sections 4343, 6954, 6956, 6958, 9342, and 9343 of this title] shall be effective beginning with the nominations for appointments to the service academies in the calendar year 1974."
Amendment by Pub. L. 91–405 effective Sept. 22, 1970, see section 206(b) of Pub. L. 91–405, set out as an Effective Date note under section 25a of Title 2, The Congress.
Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of Title 5, Government Organization and Employees.
Eligibility of Female Individuals for Appointment and Admission to Service Academies; Uniform Application of Academic and Other Standards to Male and Female Individuals
Pub. L. 94–106, title VIII, §803(a), Oct. 7, 1975, 89 Stat. 537, provided that: "Notwithstanding any other provision of law, in the administration of chapter 403 [now 753] of title 10, United States Code [this chapter] (relating to the United States Military Academy), chapter 603 [now 853] of such title (relating to the United States Naval Academy), and chapter 903 [now 953] of such title (relating to the United States Air Force Academy), the Secretary of the military department concerned shall take such action as may be necessary and appropriate to insure that (1) female individuals shall be eligible for appointment and admission to the service academy concerned, beginning with appointments to such academy for the class beginning in calendar year 1976, and (2) the academic and other relevant standards required for appointment, admission, training, graduation, and commissioning of female individuals shall be the same as those required for male individuals, except for those minimum essential adjustments in such standards required because of physiological differences between male and female individuals."
Secretary To Implement Policy of Expeditious Admission of Women to the Academy
Pub. L. 94–106, title VIII, §803(c), Oct. 7, 1975, 89 Stat. 538, provided that: "It is the sense of Congress that, subject to the provisions of subsection (a) [note set out above], the Secretaries of the military departments shall, under the direction of the Secretary of Defense, continue to exercise the authority granted them in chapters 403, 603 and 903 [now 753, 853, and 953] of title 10, United States Code, but such authority must be exercised within a program providing for the orderly and expeditious admission of women to the academies, consistent with the needs of the services, with the implementation of such program upon enactment of this Act [Oct. 7, 1975]."
§7443. Cadets: appointment; to bring Corps to full strength
If it is determined that, upon the admission of a new class to the Academy, the number of cadets at the Academy will be below the authorized number, the Secretary of the Army may fill the vacancies by nominating additional cadets from qualified candidates designated as alternates and from other qualified candidates who competed for nomination and are recommended and found qualified by the Academic Board. At least three-fourths of those nominated under this section shall be selected from qualified alternates nominated by the persons named in paragraphs (2) through (8) of section 7442(a) of this title, and the remainder from qualified candidates holding competitive nominations under any other provision of law. An appointment under this section is an additional appointment and is not in place of an appointment otherwise authorized by law.
(Aug. 10, 1956, ch. 1041, 70A Stat. 242, §4343; Pub. L. 88–276, §1(2), Mar. 3, 1964, 78 Stat. 150; Pub. L. 93–171, §1(5), Nov. 29, 1973, 87 Stat. 690; Pub. L. 102–25, title VII, §701(f)(5), Apr. 6, 1991, 105 Stat. 115; Pub. L. 112–239, div. A, title X, §1076(f)(39), Jan. 2, 2013, 126 Stat. 1954; renumbered §7443 and amended Pub. L. 115–232, div. A, title VIII, §§808(c)(1), 809(a), Aug. 13, 2018, 132 Stat. 1839, 1840.)
4343 10:1092d. June 30, 1950, ch. 421, §4, 64 Stat. 305.
The words "If it is determined" are substituted for the words "When upon determination". The words "within his discretion" are omitted as covered by the word "may". The words "within the capacity of the Academy", "from the remaining sources of admission authorized by law", and "to be admitted in such class" are omitted as surplusage. The words "by the persons named in clauses (1)–(6) of section 4342(a), and clause (2) of section 4342(e), of this title" are substituted for the words "by the Vice President, Members of the Senate and House of Representatives of the United States, Delegates and Resident Commissioners, the Commissioners of the District of Columbia, and the Governor of the Canal Zone". The words "under any other provision of law" are substituted for the words "from sources authorized by law other than those holding such alternate appointments".
2018—Pub. L. 115–232, §809(a), substituted "paragraphs (2) through (8) of section 7442(a)" for "paragraphs (2) through (8) of section 4342(a)".
Pub. L. 115–232, §808(c)(1), renumbered section 4343 of this title as this section.
2013—Pub. L. 112–239 substituted "paragraphs" for "clauses".
1991—Pub. L. 102–25 substituted "clauses (2) through (8)" for "clauses (2)–(9)".
1973—Pub. L. 93–171 substituted "clauses (2)–(9) of section 4342(a)" for "clauses (2)–(8) of section 4342(a)".
1964—Pub. L. 88–276, among other changes, increased the percentage of nominees to be selected from two-thirds to three-fourths, and struck out "as are necessary to meet the needs of the Army and Air Force, but not more than the authorized strength of the Corps of Cadets" after "Academic Board".
Effective date of amendment by Pub. L. 93–171, see section 4 of Pub. L. 93–171, set out as a note under section 7442 of this title.
Number of Alternate-Appointees From Congressional Sources Not To Be Reduced Because of Additional Presidential Appointments
Pub. L. 89–650, §2, Oct. 13, 1966, 80 Stat. 896, as amended by Pub. L. 115–232, div. A, title VIII, §809(b)(7), Aug. 13, 2018, 132 Stat. 1840, provided that: "Notwithstanding any other provision of law, none of the additional appointments authorized in sections 7442(b)(1), 8454(b), and 9442(b)(1) of title 10, United States Code, as provided by this Act shall serve to reduce or diminish the number of qualified alternates from congressional sources who would otherwise be appointed by the appropriate service Secretary under the authority contained in sections 7443, 8456, and 9443 of such title."
§7446. Cadets: requirements for admission
(a) To be eligible for admission to the Academy a candidate must be at least 17 years of age and must not have passed his twenty-third birthday on July 1 of the year in which he enters the Academy.
(b) To be admitted to the Academy, an appointee must show, by an examination held under regulations prescribed by the Secretary of the Army, that he is qualified in the subjects prescribed by the Secretary.
(c) A candidate designated as a principal or an alternate for appointment as a cadet shall appear for physical examination at a time and place designated by the Secretary.
(d) To be admitted to the Academy, an appointee must take and subscribe to the following oath—
"I, ________________________, do solemnly swear that I will support the Constitution of the United States, and bear true allegiance to the National Government; that I will maintain and defend the sovereignty of the United States, paramount to any and all allegiance, sovereignty, or fealty I may owe to any State or country whatsoever; and that I will at all times obey the legal orders of my superior officers, and the Uniform Code of Military Justice."
If a candidate for admission refuses to take this oath, his appointment is terminated.
(Aug. 10, 1956, ch. 1041, 70A Stat. 242, §4346; Pub. L. 104–201, div. A, title V, §555(b), Sept. 23, 1996, 110 Stat. 2527; renumbered §7446, Pub. L. 115–232, div. A, title VIII, §808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
10:1092b (less provisos).
June 30, 1950, ch. 421, §2 (less provisos), 64 Stat. 304.
4346(d) 10:1099. R.S. 1319; restated Mar. 2, 1901, ch. 804 (1st proviso under "Permanent Establishment"), 31 Stat. 911.
Aug. 9, 1912, ch. 275 (2d proviso under "Permanent Establishment"), 37 Stat. 252.
In subsection (a), the words "Effective January 1, 1951" are omitted as executed. The word "Calendar" is omitted as surplusage. The words "must not have passed his twenty-second birthday" are substituted for the words "not more than twenty-two years of age", to make it clear that a person whose twenty-second birthday falls on July 1 of the year of admission is eligible (see opinion of the Judge Advocate General of the Army (JAGA 1952/7083, 2 Sept. 1952)).
In subsection (b), the words "To be" are substituted for the words "before they shall be". The words "must show * * * that he is qualified" are substituted for the words "shall be required to be well versed". The words "from time to time" are omitted as surplusage.
In subsection (c), the word "shall" is substituted for the word "may", since the nominee is required to appear for the examination. The word "appear" is substituted for the words "present himself". The words "at a place" are substituted for the words "at West Point, New York, or other prescribed places".
In subsection (d), the word "county" is omitted as surplusage. The words "Uniform Code of Military Justice" are substituted for the words "rules and articles governing the armies of the United States", since the Articles of War have been superseded by the Uniform Code of Military Justice. The words "his appointment is terminated" are substituted for the words "shall be dismissed from the service", since a cadet who has not taken the oath is not yet a member.
1996—Subsec. (a). Pub. L. 104–201 substituted "twenty-third birthday" for "twenty-second birthday".
Temporary Authority To Waive Maximum Age Limitation on Admission to the Military Service Academies
Pub. L. 112–81, div. A, title V, §553, Dec. 31, 2011, 125 Stat. 1413, as amended by Pub. L. 114–92, div. A, title X, §1072(b), Nov. 25, 2015, 129 Stat. 995, provided that:
"(a) Waiver for Certain Enlisted Members.—The Secretary of the military department concerned may waive the maximum age limitation specified in section 4346(a), 6958(a)(1), or 9346(a) [now 7446(a), 8458(a)(1), or 9446(a)] of title 10, United States Code, for the admission of an enlisted member of the Armed Forces to the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy if the member—
"(1) satisfies the eligibility requirements for admission to that academy (other than the maximum age limitation); and
"(2) was or is prevented from being admitted to a military service academy before the member reached the maximum age specified in such sections as a result of service on active duty in a theater of operations for Operation Iraqi Freedom, Operation Enduring Freedom, or Operation New Dawn.
"(b) Maximum Age for Receipt of Waiver.—A waiver may not be granted under this section if the candidate would pass the candidate's twenty-sixth birthday by July 1 of the year in which the candidate would enter the military service academy pursuant to the waiver.
"(c) Limitation on Number Admitted Using Waiver.—Not more than five candidates may be admitted to each of the military service academies for an academic year pursuant to a waiver granted under this section.
"(d) Record Keeping Requirement.—The Secretary of each military department shall maintain records on the number of graduates of the military service academy under the jurisdiction of the Secretary who are admitted pursuant to a waiver granted under this section and who remain in the Armed Forces beyond the active duty service obligation assumed upon graduation. The Secretary shall compare their retention rate to the retention rate of graduates of that academy generally.
"(e) Duration of Waiver Authority.—The authority to grant a waiver under this section expires on September 30, 2016."
Authority To Waive Maximum Age Limitation on Admission to Service Academies for Certain Enlisted Members Who Served During Persian Gulf War
Pub. L. 102–190, div. A, title V, §514, Dec. 5, 1991, 105 Stat. 1361, provided that:
"(a) Waiver Authority.—The Secretary of the military department concerned may waive the maximum age limitation in section 4346(a), 6958(a)(1), or 9346(a) [now 7446(a), 8458(a)(1), or 9446(a)] of title 10, United States Code, in the case of any enlisted member of the Armed Forces who—
"(1) becomes 22 years of age while serving on active duty in the Persian Gulf area of operations in connection with Operation Desert Storm during the Persian Gulf War; or
"(2) was a candidate for admission to the service academy under the jurisdiction of such Secretary in 1990, was prevented from being admitted to the academy during that year by reason of the service of such person on active duty in the Persian Gulf area of operations in connection with Operation Desert Storm, and became 22 years of age after July 1, 1990, and before the end of such service in that area of operations.
"(b) Definitions.—For purposes of this section:
"(1) The term 'Operation Desert Storm' has the meaning given such term in section 3(1) of the Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991 (Public Law 102–25; 105 Stat. 77; 10 U.S.C. 101 note).
"(2) The term 'Persian Gulf War' has the meaning given such term in section 101(33) of title 38, United States Code."
Persons From Countries Assisting U.S. in Vietnam; Service Academy Instruction: Oath of Trainees
Exemption from oath requirement of subsec. (d) of this section of appointees to the Military Academy, the Naval Academy, and the Air Force Academy from countries assisting U.S. in Vietnam, see Pub. L. 89–802, §1(g), Nov. 9, 1966, 80 Stat. 1519, formerly set out as a note under section 4344 of this title.
§7447. Cadets; nominees: effect of redistricting of States
If as a result of redistricting a State the domicile of a cadet, or a nominee, nominated by a Representative falls within a congressional district other than that from which he was nominated, he is charged to the district in which his domicile so falls. For this purpose, the number of cadets otherwise authorized for that district is increased to include him. However, the number as so increased is reduced by one if he fails to become a cadet or when he is finally separated from the Academy.
4347 10:1091–1. July 7, 1943, ch. 193, 57 Stat. 383.
The word "domicile" is substituted for the words "place of residence" to conform to opinions of the Judge Advocate General of the Army (R. 29, 83; J.A.G. 351.11, Feb. 10, 1925). The words "a * * * other than that from which he was nominated" are substituted for the word "another". The words "were appointed with respect to", "of the former district", "as additional numbers", "at such academy for the Representative", "temporarily", and "in attendance at such academy under an appointment from such former district" are omitted as surplusage. The words "the district in which his domicile so falls" are substituted for the words "of the latter district". The words "to include him" are substituted for 10:1091–1 (18 words before proviso). The words "However, the number as so increased" are substituted for 10:1091–1 (1st 13 words of proviso). The words "if he fails to become a cadet" are inserted for clarity.
§7448. Cadets: agreement to serve as officer
(a) Each cadet shall sign an agreement with respect to the cadet's length of service in the armed forces. The agreement shall provide that the cadet agrees to the following:
(1) That the cadet will complete the course of instruction at the Academy.
(2) That upon graduation from the Academy the cadet—
(A) will accept an appointment, if tendered, as a commissioned officer of the Regular Army or the Regular Air Force; and
(B) will serve on active duty for at least five years immediately after such appointment.
(3) That if an appointment described in paragraph (2) is not tendered or if the cadet is permitted to resign as a regular officer before completion of the commissioned service obligation of the cadet, the cadet—
(A) will accept an appointment as a commissioned officer as a Reserve for service in the Army Reserve or the Air Force Reserve; and
(B) will remain in that reserve component until completion of the commissioned service obligation of the cadet.
(4) That if an appointment described in paragraph (2) or (3) is tendered and the cadet participates in a program under section 2121 of this title, the cadet will fulfill any unserved obligation incurred under this section on active duty, regardless of the type of appointment held, upon completion of, and in addition to, any service obligation incurred under section 2123 of this title for participation in such program.
(5) That the cadet—
(A) will not seek release from the cadet's commissioned service obligation or seek or accept approval for off-duty employment while completing the cadet's commissioned service obligation to obtain employment as a professional athlete following graduation until the cadet completes a period of at least two consecutive years of commissioned service; and
(B) understands that the appointment alternative described in paragraph (3) will not be used to allow the cadet to obtain such employment until at least the end of that two-year period.
(b)(1) The Secretary of the Army may transfer to the Army Reserve, and may order to active duty for such period of time as the Secretary prescribes (but not to exceed four years), a cadet who breaches an agreement under subsection (a). The period of time for which a cadet is ordered to active duty under this paragraph may be determined without regard to section 651(a) of this title.
(2) A cadet who is transferred to the Army Reserve under paragraph (1) shall be transferred in an appropriate enlisted grade or rating, as determined by the Secretary.
(3) For the purposes of paragraph (1), a cadet shall be considered to have breached an agreement under subsection (a) if the cadet is separated from the Academy under circumstances which the Secretary determines constitute a breach by the cadet of the cadet's agreement to complete the course of instruction at the Academy and accept an appointment as a commissioned officer upon graduation from the Academy.
(c) The Secretary of the Army shall prescribe regulations to carry out this section. Those regulations shall include—
(1) standards for determining what constitutes, for the purpose of subsection (b), a breach of an agreement under subsection (a);
(2) procedures for determining whether such a breach has occurred; and
(3) standards for determining the period of time for which a person may be ordered to serve on active duty under subsection (b).
(d) In this section, the term "commissioned service obligation", with respect to an officer who is a graduate of the Academy, means the period beginning on the date of the officer's appointment as a commissioned officer and ending on the sixth anniversary of such appointment or, at the discretion of the Secretary of Defense, any later date up to the eighth anniversary of such appointment.
(e)(1) This section does not apply to a cadet who is not a citizen or national of the United States.
(2) In the case of a cadet who is a minor and who has parents or a guardian, the cadet may sign the agreement required by subsection (a) only with the consent of a parent or guardian.
(f) A cadet or former cadet who does not fulfill the terms of the agreement as specified under subsection (a), or the alternative obligation imposed under subsection (b), shall be subject to the repayment provisions of section 303a(e) or 373 of title 37.
(Aug. 10, 1956, ch. 1041, 70A Stat. 243, §4348; Pub. L. 88–276, §5(a), Mar. 3, 1964, 78 Stat. 153; Pub. L. 88–647, title III, §301(9), Oct. 13, 1964, 78 Stat. 1072; Pub. L. 98–525, title V, §§541(a), 542(b), Oct. 19, 1984, 98 Stat. 2529; Pub. L. 99–145, title V, §512(a), Nov. 8, 1985, 99 Stat. 623; Pub. L. 101–189, div. A, title V, §511(b), title XVI, §1622(e)(5), Nov. 29, 1989, 103 Stat. 1439, 1605; Pub. L. 104–106, div. A, title V, §531(a), Feb. 10, 1996, 110 Stat. 314; Pub. L. 109–163, div. A, title VI, §687(c)(9), Jan. 6, 2006, 119 Stat. 3335; Pub. L. 111–84, div. A, title X, §1073(a)(29), Oct. 28, 2009, 123 Stat. 2474; Pub. L. 111–383, div. A, title V, §554(a), Jan. 7, 2011, 124 Stat. 4221; Pub. L. 115–91, div. A, title V, §543(a), title VI, §618(a)(1)(K), Dec. 12, 2017, 131 Stat. 1395, 1426; renumbered §7448, Pub. L. 115–232, div. A, title VIII, §808(c)(1), Aug. 13, 2018, 132 Stat. 1839; Pub. L. 116–92, div. A, title V, §554(a), Dec. 20, 2019, 133 Stat. 1388.)
4348 10:1092c. June 30, 1950, ch. 421, §3, 64 Stat. 304.
The word "agreement" is substituted for the word "articles". The words "Hereafter", "appointed to the United States Military Academy", "engage", and 10:1092c (1st 25 words of clause (2)) are omitted as surplusage. The word "separated" is substituted for the words "discharged by competent authority". The words "if he is permitted to resign" are substituted for the words "in the event of the acceptance of his resignation", since a resignation is effective only when accepted. The first 31 words of clause (3) are substituted for 10:1092c (last 29 words of clause (3)). The last sentence is substituted for the words "with the consent of his parents or guardian if he be a minor, and if any he have".
2019—Subsec. (a)(5)(A). Pub. L. 116–92 inserted "or seek or accept approval for off-duty employment while completing the cadet's commissioned service obligation" before "to obtain employment".
2017—Subsec. (a)(5). Pub. L. 115–91, §543(a), added par. (5).
Subsec. (f). Pub. L. 115–91, §618(a)(1)(K), inserted "or 373" before "of title 37".
2011—Subsec. (a)(4). Pub. L. 111–383 added par. (4).
2009—Subsec. (f). Pub. L. 111–84 substituted "subsection (a)" for "section (a)".
2006—Subsec. (f). Pub. L. 109–163 added subsec. (f).
1996—Subsec. (a)(2)(B). Pub. L. 104–106 substituted "five years" for "six years".
1989—Subsec. (a)(2)(B). Pub. L. 101–189, §511(b), substituted "six years" for "five years".
Subsec. (d). Pub. L. 101–189, §1622(e)(5), inserted "the term" after "In this section,".
1985—Pub. L. 99–145 amended section generally. Prior to amendment, section read as follows:
"(a) Each cadet who is a citizen or national of the United States shall sign an agreement that he will—
"(1) unless sooner separated from the Academy, complete the course of instruction at the Academy;
"(2) accept an appointment and, unless sooner separated from the service, serve as a commissioned officer of the Regular Army or the Regular Air Force for at least the five years immediately after graduation; and
"(3) accept an appointment as a commissioned officer as a Reserve for service in the Army Reserve or the Air Force Reserve and, unless sooner separated from the service, remain therein until at least the sixth anniversary and, at the direction of the Secretary of Defense, up to the eighth anniversary of his graduation, if an appointment in the regular component of that armed force is not tendered to him, or if he is permitted to resign as a commissioned officer of that component before that anniversary.
If the cadet is a minor and has parents or a guardian, he may sign the agreement only with the consent of the parents or guardian.
"(b) A cadet who does not fulfill his agreement under subsection (a) may be transferred by the Secretary of the Army to the Army Reserve in an appropriate enlisted grade and, notwithstanding section 651 of this title, may be ordered to active duty to serve in that grade for such period of time as the Secretary prescribes but not for more than four years."
1984—Subsec. (a). Pub. L. 98–525, §541(a), struck out ", unless sooner separated," in introductory text before "he will"; inserted in cl. (1) "unless sooner separated from the Academy,"; and inserted ", unless sooner separated from the service," in cls. (2) and (3).
Subsec. (a)(3). Pub. L. 98–525, §524(b), substituted "at least the sixth anniversary and, at the direction of the Secretary of Defense, up to the eighth anniversary" for "the sixth anniversary".
Subsec. (a)(2). Pub. L. 88–276 substituted "five" for "three".
Pub. L. 115–91, div. A, title V, §543(d), Dec. 12, 2017, 131 Stat. 1396, provided that: "The Secretaries of the military departments shall promptly revise the cadet and midshipman service agreements under sections 4348, 6959, and 9348 [now 7448, 8459, and 9448] of title 10, United States Code, to reflect the amendments made by this section [amending this section and sections 6959 and 9348 of this title]. The revised agreement shall apply to cadets and midshipmen who are attending the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy on the date of the enactment of this Act [Dec. 12, 2017] and to persons who begin attendance at such military service academies on or after that date."
Pub. L. 104–106, div. A, title V, §531(e), Feb. 10, 1996, 110 Stat. 314, provided that: "The amendments made by this section [amending this section and sections 6959 and 9348 of this title] apply to persons first admitted to the United States Military Academy, United States Naval Academy, and United States Air Force Academy after December 31, 1991."
Amendment by section 511(b) of Pub. L. 101–189 applicable to persons who are first admitted to one of the military service academies after Dec. 31, 1991, see section 511(e) of Pub. L. 101–189, as amended, set out as a note under section 2114 of this title.
Pub. L. 99–145, title V, §512(e), Nov. 8, 1985, 99 Stat. 626, provided that: "The amendments made by subsections (a), (b), and (c) [amending this section and sections 6959 and 9348 of this title] (other than with respect to the authority of the Secretary of a military department to prescribe regulations)—
"(1) shall take effect with respect to each military department on the date on which regulations prescribed by the Secretary of that military department in accordance with subsection (d) [set out below] take effect; and
"(2) shall apply with respect to each agreement entered into under sections 4348, 6959, and 9348 [now 7448, 8459, and 9448], respectively, of title 10, United States Code, that is entered into on or after the effective date of such regulations and shall apply with respect to each such agreement that was entered into before the effective date of such regulations by an individual who is a cadet or midshipman on such date."
Pub. L. 98–525, title V, §541(d), Oct. 19, 1984, 98 Stat. 2529, provided that: "The amendments made by this section [amending this section and sections 6959 and 9348 of this title] shall apply with respect to agreements entered into under section 4348, 6959, or 9348 [now 7448, 8459, or 9448] of title 10, United States Code, before, on, or after the date of the enactment of this Act [Oct. 19, 1984]."
Effective Date of 1964 Amendment; Obligated Period of Service
Pub. L. 88–276, §5(c), Mar. 3, 1964, 78 Stat. 153, provided that: "The amendments made by this section [amending this section, sections 6959 and 9348 of this title, and section 182 of Title 14, Coast Guard] shall apply only with respect to cadets and midshipmen appointed to the service academies and the Coast Guard Academy after the date of enactment of this Act [Mar. 3, 1964], and shall not affect the obligated period of service of any cadet or midshipman appointed to one of the service academies or the Coast Guard Academy on or before the date of enactment of this Act."
Regulations Implementing 1985 Amendment
Pub. L. 99–145, title V, §512(d), Nov. 8, 1985, 99 Stat. 626, provided that: "The Secretary of each military department shall prescribe the regulations required by section 4348(c), 6959(c), or 9348(c) [now 7448(c), 8459(c), or 9448(c)], as appropriate, of title 10, United States Code (as added by the amendments made by subsections (a), (b), and (c)) not later than the end of the 90-day period beginning on the date of the enactment of this Act [Nov. 8, 1985]."
Savings Provision
For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(c) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of this title.
Department of Defense Policy on Service Academy and ROTC Graduates Seeking To Participate in Professional Sports Before Completion of Their Active-Duty Service Obligations
Pub. L. 109–364, div. A, title V, §533, Oct. 17, 2006, 120 Stat. 2206, provided that:
"(a) Policy Required.—
"(1) In general.—Not later than July 1, 2007, the Secretary of Defense shall prescribe the policy of the Department of Defense on—
"(A) whether to authorize graduates of the service academies and the Reserve Officers' Training Corps to participate in professional sports before the completion of their obligations for service on active duty as commissioned officers; and
"(B) if so, the obligations for service on active duty as commissioned officers of such graduates who participate in professional sports before the satisfaction of the obligations referred to in subparagraph (A).
"(2) Review of current policies.—In prescribing the policy, the Secretary shall review current policies, practices, and regulations of the military departments on the obligations for service on active duty as commissioned officers of graduates of the service academies and the Reserve Officers' Training Corps, including policies on authorized leaves of absence and policies under excess leave programs.
"(3) Considerations.—In prescribing the policy, the Secretary shall take into account the following:
"(A) The compatibility of participation in professional sports (including training for professional sports) with service on active duty in the Armed Forces or as a member of a reserve component of the Armed Forces.
"(B) The benefits for the Armed Forces of waiving obligations for service on active duty for cadets, midshipmen, and commissioned officers in order to permit such individuals to participate in professional sports.
"(C) The manner in which the military departments have resolved issues relating to the participation of personnel in professional sports, including the extent of and any reasons for, differences in the resolution of such issues by such departments.
"(D) The recoupment of the costs of education provided by the service academies or under the Reserve Officers' Training Corps program if graduates of the service academies or the Reserve Officers' Training Corps, as the case may be, do not complete the period of obligated service to which they have agreed by reason of participation in professional sports.
"(E) Any other matters that the Secretary considers appropriate.
"(b) Elements of Policy.—The policy prescribed under subsection (a) shall address the following matters:
"(1) The eligibility of graduates of the service academies and the Reserve Officers' Training Corps for a reduction in the obligated length of service on active duty as a commissioned officer otherwise required of such graduates on the basis of their participation in professional sports.
"(2) Criteria for the treatment of an individual as a participant or potential participant in professional sports.
"(3) The effect on obligations for service on active duty as a commissioned officer of any unsatisfied obligations under prior enlistment contracts or other forms of advanced education assistance.
"(4) Any authorized variations in the policy that are warranted by the distinctive requirements of a particular Armed Force.
"(5) The eligibility of individuals for medical discharge or disability benefits as a result of injuries incurred while participating in professional sports.
"(6) A prospective effective date for the policy and for the application of the policy to individuals serving on such effective date as a commissioned officer, cadet, or midshipman.
"(c) Application of Policy to Armed Forces.—Not later than December 1, 2007, the Secretary of each military department shall prescribe regulations, or modify current regulations, in order to implement the policy prescribed by the Secretary of Defense under subsection (a) with respect to the Armed Forces under the jurisdiction of such Secretary."
§7449. Cadets: organization of Corps; service; instruction
(a) The Corps of Cadets shall be divided into companies, as directed by the Superintendent, for the purpose of military instruction. Each company shall be commanded by a commissioned officer of the Army.
(b) A cadet shall perform duties at such places and of such type as the President may direct.
(c) The course of instruction at the Academy is four years.
(d) The Secretary of the Army shall so arrange the course of studies at the Academy that cadets are not required to pursue their studies on Sunday.
(e) The Corps of Cadets shall be trained in the duties of members of the Army, shall be encamped at least three months in each year, and shall be trained in all duties incident to a camp.
10:1105 (less last sentence). R.S. 1322.
4349(d)
4349(e)
10:1105 (last sentence).
Mar. 30, 1920, ch. 112 (1st par., less provisos, under "Miscellaneous"), 41 Stat. 548.
In subsection (a), the word "commissioned" is inserted for clarity; 10:1105 (2d sentence) is omitted as obsolete.
In subsection (b), the word "perform" is substituted for the words "be subject at all times to do". The words "of such type" are substituted for the words "on such service".
In subsection (e), the words "members of the Army" are substituted for the words "private soldier, noncommissioned officer, and officer". The words "taught and" are omitted as surplusage.
§7450. Cadets: clothing and equipment
(a) The Secretary of the Army may prescribe the amount to be credited to a cadet, upon original admission to the Academy, for the cost of his initial issue of clothing and equipment. That amount shall be deducted from his pay. If a cadet is discharged before graduation while owing the United States for pay advanced for the purchase of required clothing and equipment, he shall turn in so much of his clothing and equipment of a distinctive military nature as is necessary to repay the amount advanced. If the value of the clothing and equipment turned in does not cover the amount owed, the indebtedness shall be canceled.
(b) Under such regulations as the Secretary may prescribe, uniforms and equipment shall be furnished to a cadet at the Academy upon his request.
Aug. 31, 1918, ch. 166, §9 (17th through 22d words), 40 Stat. 957.
Aug. 22, 1951, ch. 340, §1, 65 Stat. 196.
In subsection (a), the words "while owing the United States for pay advanced for the purchase of" are substituted for the words "who is indebted to the United States on account of advances of pay to purchase". The words "as is necessary to repay the amount advanced" are substituted for the words "to the extent required to discharge such indebtedness".
In subsection (b), the word "accouterments" is omitted as surplusage. The words "by the Government" and "such restrictions and" are omitted as surplusage. The words "at cost" are omitted to reflect Title IV of the National Security Act of 1947, as amended (63 Stat. 585), which authorized the Secretary of Defense to prescribe regulations governing the use and sale of certain inventories at cost, including applicable administrative expenses. (See opinion of the Assistant General Counsel (Fiscal Matters) of the Office of the Secretary of Defense, January 4, 1955.)
§7451. Cadets: deficiencies in conduct or studies; effect of failure on successor
(a) A cadet who is reported as deficient in conduct or studies and recommended to be discharged from the Academy may not, unless recommended by the Academic Board, be returned or reappointed to the Academy.
(b) Any cadet who fails to pass a required examination because he is deficient in any one subject of instruction is entitled to a reexamination of equal scope and difficulty in that subject, if he applies in writing to the Academic Board within 10 days after he is officially notified of his failure. The reexamination shall be held within 60 days after the date of his application. If the cadet passes the reexamination and is otherwise qualified, he shall be readmitted to the Academy. If he fails, he may not have another examination.
(c) The failure of a member of a graduating class to complete the course with his class does not delay the admission of his successor.
10:1092b (1st proviso).
Aug. 11, 1916, ch. 314 (3d, 4th, and 5th provisos under "Permanent Establishment"), 39 Stat. 493.
June 30, 1950, ch. 421, §2 (1st proviso), 64 Stat. 304.
In subsection (a), 10:1104 (last 20 words) is omitted as superseded by section 3287(d) of this title.
In subsection (b), the words "is entitled to" are substituted for the words "shall have the right to apply". The words "of equal scope and difficulty in that subject" are substituted for the words "by compliance with the requirements existing at the time of the first examination".
In subsection (c), the words "by reason of sickness, or deficiency in his studies, or other cause" are omitted as surplusage.
Readmission to Service Academies of Certain Former Cadets and Midshipmen
"(a) Inspector General Report as Basis for Readmission.—(1) When a formal report by an Inspector General within the Department of Defense concerning the circumstances of the separation of a cadet or midshipman from one of the service academies contains a specific finding specified in paragraph (2), the Secretary of the military department concerned may use that report as the sole basis for readmission of the former cadet or midshipman to the respective service academy.
"(2) A finding specified in this paragraph is a finding that substantiates that a former service academy cadet or midshipman, while attending the service academy—
"(A) received administrative or punitive action or nonjudicial punishment as a result of reprisal;
"(B) resigned in lieu of disciplinary, administrative, or other action that the formal report concludes constituted a threat of reprisal; or
"(C) otherwise suffered an injustice that contributed to the resignation of the cadet or midshipman.
"(b) Readmission.—In the case of a formal report by an Inspector General described in subsection (a), the Secretary concerned shall offer the former cadet or midshipman an opportunity for readmission to the service academy from which the former cadet or midshipman resigned, if the former cadet or midshipman is otherwise eligible for such readmission.
"(c) Applications for Readmission.—A former cadet or midshipman described in a report referred to in subsection (a) may apply for readmission to the service academy on the basis of that report and shall not be required to submit the request for readmission through a board for the correction of military records.
"(d) Regulations to Minimize Adverse Impact Upon Readmission.—The Secretary of each military department shall prescribe regulations for the readmission of a former cadet or midshipman described in subsection (a), with the goal, to the maximum extent practicable, of readmitting the former cadet or midshipman at no loss of the academic or military status held by the former cadet at the time of resignation.
"(e) Construction With Other Remedies.—This section does not preempt or supersede any other remedy that may be available to a former cadet or midshipman.
"(f) Service Academies.—In this section, the term 'service academy' means the following:
§7452. Cadets: hazing
(a) Subject to the approval of the Secretary of the Army, the Superintendent of the Academy shall issue regulations—
(1) defining hazing;
(2) designed to prevent that practice; and
(3) prescribing dismissal, suspension, or other adequate punishment for violations.
(b) If a cadet who is charged with violating a regulation issued under subsection (a), the penalty for which is or may be dismissal from the Academy, requests in writing a trial by a general court-martial, he may not be dismissed for that offense except under sentence of such a court.
(c) A cadet dismissed from the Academy for hazing may not be reappointed to the Corps of Cadets, and is ineligible for appointment as a commissioned officer in a regular component of the Army, Navy, Air Force, or Marine Corps, until two years after the graduation of his class.
10:1163 (1st par.).
10:1163 (1st 32 words of last par.).
10:1163 (last par., less 1st 32 words).
Mar. 2, 1901, ch. 804 (2d proviso under "Permanent Establishment"); restated Apr. 19, 1910, ch. 174 (38th par. under "Buildings and Grounds"), 36 Stat. 323.
In subsection (a), the word "violations" is substituted for the words "infractions of the same". The words "to embody a clear" are omitted as surplusage.
In subsection (b), the words "the penalty for which is or may be" are substituted for the words "which would involve". The words "may not be dismissed for that offense except under sentence of such a court" are substituted for the words "shall be granted".
In subsection (c), the words "a regular component" are inserted, since the source statute historically applied only to the regular components.
§7453. Cadets: degree and commission on graduation
(a) Under such conditions as the Secretary of the Army may prescribe, the Superintendent of the Academy may confer the degree of bachelor of science upon graduates of the Academy.
(b) Notwithstanding any other provision of law, a cadet who completes the prescribed course of instruction may, upon graduation, be appointed a second lieutenant in the Regular Army under section 531 of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 245, §4353; Pub. L. 85–861, §1(103), Sept. 2, 1958, 72 Stat. 1489; Pub. L. 96–513, title V, §502(26), Dec. 12, 1980, 94 Stat. 2911; renumbered §7453, Pub. L. 115–232, div. A, title VIII, §808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
10:486a (less last sentence).
10:506c(f) (1st sentence, less last 43 words).
May 25, 1933, ch. 37 (less last sentence); restated Aug. 9, 1946, ch. 932 (less last sentence); restated Aug. 4, 1949, ch. 393, §13; restated Aug. 18, 1949, ch. 476 (less last sentence), 63 Stat. 615.
Aug. 7, 1947, ch. 512, §506(f) (1st sentence, less last 43 words), 61 Stat. 892.
In subsection (a), the last 27 words are substituted for 10:486a (last sentence). The words "rules and" and "from and after the date of the accrediting of said Academy" are omitted as surplusage. The word "conditions" is substituted for the words "rules and regulations".
In subsection (b), the words "except section 541 of this title" are inserted to reflect the authority to appoint graduates of one service academy as officers of another service.
4353(b) 10 App.:506c–4(c) (1st sentence). July 20, 1956, ch. 646, §103(c) (1st sentence), 70 Stat. 583.
It is unnecessary to include a reference to section 541, since that section does not derogate from the authority granted in this section.
1980—Subsec. (b). Pub. L. 96–513 inserted "under section 531 of this title" after "Regular Army".
1958—Subsec. (b). Pub. L. 85–861 struck out "except section 541 of this title" after "provision of law".
Degrees for Persons Who Graduated Before Accrediting of Military Academy
Act Aug. 10, 1956, ch. 1041, §35, 70A Stat. 634, provided in part that, under conditions prescribed by the Secretary of the Army, the Superintendent of the United States Military Academy may confer the degree of bachelor of science upon living graduates of the Academy who were graduated before the date of accrediting of the Academy and who have met the requirements of the Academy for that degree.
§7454. Buildings and grounds: memorial hall; buildings for religious worship
(a) The memorial hall at the Academy is a repository for statues, busts, mural tablets, portraits of distinguished and deceased officers and graduates of the Academy, paintings of battle scenes, trophies of war, and other objects that may tend to elevate the military profession. No object may be placed in this hall without the approval of two-thirds of the members of the Academic Board of the Academy by a recorded vote taken by ayes and nays.
(b) The Secretary of the Army may authorize any denomination, sect, or religious body to erect a building for religious worship on the West Point Military Reservation, if its erection will not interfere with the use of the reservation for military purposes and will be without expense to the United States. Such a building shall be removed, or its location changed, without compensation for it and without other expense to the United States, by the denomination, sect, or religious body that erected it, whenever in the opinion of the Secretary public or military necessity so requires.
July 23, 1892, ch. 237, §6, 27 Stat. 263.
In subsection (a), the words "and to prevent the introduction of unworthy subjects into this hall" and "entire" are omitted as surplusage.
In subsection (b), the words "in his discretion" and "Government of" are omitted as surplusage. The words "United States" are substituted for the word "Government".
§7455. Board of Visitors
(a) A Board of Visitors to the Academy is constituted annually of—
(1) the chairman of the Committee on Armed Services of the Senate, or his designee;
(2) three other members of the Senate designated by the Vice President or the President pro tempore of the Senate, two of whom are members of the Committee on Appropriations of the Senate;
(3) the chairman of the Committee on Armed Services of the House of Representatives, or his designee;
(4) four other members of the House of Representatives designated by the Speaker of the House of Representatives, two of whom are members of the Committee on Appropriations of the House of Representatives; and
(5) six persons designated by the President.
(b) The persons designated by the President serve for three years each except that any member whose term of office has expired shall continue to serve until his successor is appointed. The President shall designate two persons each year to succeed the members whose terms expire that year.
(c) If a member of the Board dies or resigns, a successor shall be designated for the unexpired portion of the term by the official who designated the member.
(d) The Board shall visit the Academy annually. With the approval of the Secretary of the Army, the Board or its members may make other visits to the Academy in connection with the duties of the Board or to consult with the Superintendent of the Academy.
(e) The Board shall inquire into the morale and discipline, the curriculum, instruction, physical equipment, fiscal affairs, academic methods, and other matters relating to the Academy that the Board decides to consider.
(f) Within 60 days after its annual visit, the Board shall submit a written report to the President of its action, and of its views and recommendations pertaining to the Academy. Any report of a visit, other than the annual visit, shall, if approved by a majority of the members of the Board, be submitted to the President within 60 days after the approval.
(g) Upon approval by the Secretary, the Board may call in advisers for consultation.
(h) While performing his duties, each member of the Board and each adviser shall be reimbursed under Government travel regulations for his travel expenses.
(Aug. 10, 1956, ch. 1041, 70A Stat. 245, §4355; Pub. L. 96–579, §13(a), Dec. 23, 1980, 94 Stat. 3369; Pub. L. 104–106, div. A, title X, §1061(e)(2), title XV, §1502(a)(12), Feb. 10, 1996, 110 Stat. 443, 503; Pub. L. 106–65, div. A, title X, §1067(1), Oct. 5, 1999, 113 Stat. 774; renumbered §7455, Pub. L. 115–232, div. A, title VIII, §808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
10:1056 (1st sentence).
10:1056 (less 1st sentence).
June 29, 1948, ch. 714, §§1–6, 62 Stat. 1094; June 30, 1954, ch. 432, §732, 68 Stat. 356.
4355(c) 10:1057.
4355(d) 10:1058.
4355(e) 10:1059(a).
4355(f) 10:1059(b).
4355(g) 10:1059(c).
4355(h) 10:1060.
In subsections (a) and (b), the word "designated" is substituted for the word "appointed" to make it clear that the positions described are not constitutional offices.
Subsection (b) is substituted for 10:1056(e) (2d sentence).
In subsection (c), the words "during the term for which such member was appointed" and "Such successor shall be appointed * * * who died or resigned" are omitted as surplusage.
In subsection (g), the words "as it may deem necessary or advisable effectuate the duties imposed upon it by the provisions of sections 1055–1060 of this title" are omitted as surplusage.
In subsection (h), the words "called for consultation by the Board in connection with the business of the Board" are omitted as surplusage.
1999—Subsec. (a)(3). Pub. L. 106–65, substituted "Committee on Armed Services" for "Committee on National Security".
1996—Subsec. (a)(3). Pub. L. 104–106, §1502(a)(12), substituted "National Security" for "Armed Services".
Subsec. (h). Pub. L. 104–106, §1061(e)(2), struck out "is entitled to not more than $5 a day and" after "each adviser".
1980—Subsec. (b). Pub. L. 96–579 required member whose term of office had expired to continue service until appointment of a successor.
§7456. Use of certain gifts
Under regulations prescribed by the Secretary of the Army, the Superintendent of the Academy may (without regard to section 2601 of this title) accept, hold, administer, invest, and spend any gift, devise, or bequest of personal property of a value of $20,000 or less made to the United States on the condition that such gift, devise, or bequest be used for the benefit of the Academy or any entity thereof. The Secretary may pay or authorize the payment of all reasonable and necessary expenses in connection with the conveyance or transfer of a gift, devise, or bequest under this section.
(Added Pub. L. 97–295, §1(41)(A), Oct. 12, 1982, 96 Stat. 1297, §4356; renumbered §7456, Pub. L. 115–232, div. A, title VIII, §808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
4356 10:4334 (note). Sept. 8, 1982, Pub. L. 97–252, §1133(a), 96 Stat. 761.
The word "Academy" is substituted for "United States Military Academy" for consistency in title 10.
Applicability of Section
Pub. L. 97–252, title XI, §1133, Sept. 8, 1982, 96 Stat. 761, provided that:
"(a) [Repealed and reenacted as section 4356 (now 7456) of this title by Pub. L. 97–295, §§1(41)(A), 6(b), Oct. 12, 1982, 96 Stat. 1297, 1315.]
"(b) This section applies with respect to any gift, devise, or bequest made on or after the date of the enactment of this Act [Sept. 8, 1982] for the purpose described in subsection (a) [see text of section 7456 of this title] and applies to any such gift, devise, or bequest, or devise made before the date of the enactment of this Act with respect to which the Secretary of the Army has approved application of this section rather than section 2601 of title 10, United States Code."
§7457. Acceptance of guarantees with gifts for major projects
(a) Acceptance Authority.—Subject to subsection (c), the Secretary of the Army may accept from a donor or donors a qualified guarantee for the completion of a major project for the benefit of the Academy.
(b) Obligation Authority.—The amount of a qualified guarantee accepted under this section shall be considered as contract authority to provide obligation authority for purposes of Federal fiscal and contractual requirements. Funds available for a project for which such a guarantee has been accepted may be obligated and expended for the project without regard to whether the total amount of the funds and other resources available for the project (not taking into account the amount of the guarantee) is sufficient to pay for completion of the project.
(c) Notice of Proposed Acceptance.—The Secretary of the Army may not accept a qualified guarantee under this section for the completion of a major project until after the expiration of 30 days following the date upon which a report of the facts concerning the proposed guarantee is submitted to Congress or, if earlier, the expiration of 14 days following the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of this title.
(d) Prohibition on Commingling of Funds.—The Secretary of the Army may not enter into any contract or other transaction involving the use of a qualified guarantee and appropriated funds in the same contract or transaction.
(e) Definitions.—In this section:
(1) Major project.—The term "major project" means a project for the purchase or other procurement of real or personal property, or for the construction, renovation, or repair of real or personal property, the total cost of which is, or is estimated to be, at least $1,000,000.
(2) Qualified guarantee.—The term "qualified guarantee", with respect to a major project, means a guarantee that—
(A) is made by one or more persons in connection with a donation, specifically for the project, of a total amount in cash or securities that, as determined by the Secretary of the Army, is sufficient to defray a substantial portion of the total cost of the project;
(B) is made to facilitate or expedite the completion of the project in reasonable anticipation that other donors will contribute sufficient funds or other resources in amounts sufficient to pay for completion of the project;
(C) is set forth as a written agreement that provides for the donor to furnish in cash or securities, in addition to the donor's other gift or gifts for the project, any additional amount that may become necessary for paying the cost of completing the project by reason of a failure to obtain from other donors or sources funds or other resources in amounts sufficient to pay the cost of completing the project; and
(D) is accompanied by—
(i) an irrevocable and unconditional standby letter of credit for the benefit of the Academy that is in the amount of the guarantee and is issued by a major United States commercial bank; or
(ii) a qualified account control agreement.
(3) Qualified account control agreement.—The term "qualified account control agreement", with respect to a guarantee of a donor, means an agreement among the donor, the Secretary of the Army, and a major United States investment management firm that—
(A) ensures the availability of sufficient funds or other financial resources to pay the amount guaranteed during the period of the guarantee;
(B) provides for the perfection of a security interest in the assets of the account for the United States for the benefit of the Academy with the highest priority available for liens and security interests under applicable law;
(C) requires the donor to maintain in an account with the investment management firm assets having a total value that is not less than 130 percent of the amount guaranteed; and
(D) requires the investment management firm, at any time that the value of the account is less than the value required to be maintained under subparagraph (C), to liquidate any noncash assets in the account and reinvest the proceeds in Treasury bills issued under section 3104 of title 31.
(4) Major united states commercial bank.—The term "major United States commercial bank" means a commercial bank that—
(A) is an insured bank (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813));
(B) is headquartered in the United States; and
(C) has net assets in a total amount considered by the Secretary of the Army to qualify the bank as a major bank.
(5) Major united states investment management firm.—The term "major United States investment management firm" means any broker, dealer, investment adviser, or provider of investment supervisory services (as defined in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c) or section 202 of the Investment Advisers Act of 1940 (15 U.S.C. 80b–2)) or a major United States commercial bank that—
(A) is headquartered in the United States; and
(B) holds for the account of others investment assets in a total amount considered by the Secretary of the Army to qualify the firm as a major investment management firm.
(Added Pub. L. 106–65, div. B, title XXVIII, §2871(a)(1), Oct. 5, 1999, 113 Stat. 871, §4357; amended Pub. L. 106–398, §1 [[div. A], title X, §1087(a)(17)], Oct. 30, 2000, 114 Stat. 1654, 1654A-291; Pub. L. 108–136, div. A, title X, §1031(a)(54), Nov. 24, 2003, 117 Stat. 1603; renumbered §7457, Pub. L. 115–232, div. A, title VIII, §808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
2003—Subsec. (c). Pub. L. 108–136 inserted before period at end "or, if earlier, the expiration of 14 days following the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of this title".
2000—Subsec. (e)(5). Pub. L. 106–398 inserted a closing parenthesis after "80b–2)".
§7458. Grants for faculty research for scientific, literary, and educational purposes: acceptance; authorized grantees
(a) Acceptance of Research Grants.—The Secretary of the Army may authorize the Superintendent of the Academy to accept qualifying research grants under this section. Any such grant may only be accepted if the work under the grant is to be carried out by a professor or instructor of the Academy for a scientific, literary, or educational purpose.
(b) Qualifying Grants.—A qualifying research grant under this section is a grant that is awarded on a competitive basis by an entity referred to in subsection (c) for a research project with a scientific, literary, or educational purpose.
(c) Entities From Which Grants May be Accepted.—A grant may be accepted under this section only from a corporation, fund, foundation, educational institution, or similar entity that is organized and operated primarily for scientific, literary, or educational purposes.
(d) Administration of Grant Funds.—The Secretary shall establish an account for administering funds received as research grants under this section. The Superintendent shall use the funds in the account in accordance with applicable regulations and the terms and conditions of the grants received.
(e) Related Expenses.—Subject to such limitations as may be provided in appropriations Acts, appropriations available for the Academy may be used to pay expenses incurred by the Academy in applying for, and otherwise pursuing, award of a qualifying research grant.
(f) Regulations.—The Secretary of the Army shall prescribe regulations for the administration of this section.
(Added Pub. L. 105–261, div. A, title X, §1063(a)(1), Oct. 17, 1998, 112 Stat. 2130, §4358; renumbered §7458, Pub. L. 115–232, div. A, title VIII, §808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
§7459. Mixed-funded athletic and recreational extracurricular programs: authority to manage appropriated funds in same manner as nonappropriated funds
(a) Authority.—In the case of an Academy mixed-funded athletic or recreational extracurricular program, the Secretary of the Army may designate funds appropriated to the Department of the Army and available for that program to be treated as nonappropriated funds and expended for that program in accordance with laws applicable to the expenditure of nonappropriated funds. Appropriated funds so designated shall be considered to be nonappropriated funds for all purposes and shall remain available until expended.
(b) Covered Programs.—In this section, the term "Academy mixed-funded athletic or recreational extracurricular program" means an athletic or recreational extracurricular program of the Academy to which each of the following applies:
(1) The program is not considered a morale, welfare, or recreation program.
(2) The program is supported through appropriated funds.
(3) The program is supported by a nonappropriated fund instrumentality.
(4) The program is not a private organization and is not operated by a private organization.
(Added Pub. L. 108–375, div. A, title V, §544(a)(1), Oct. 28, 2004, 118 Stat. 1906, §4359; renumbered §7459, Pub. L. 115–232, div. A, title VIII, §808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
Pub. L. 108–375, div. A, title V, §544(d), Oct. 28, 2004, 118 Stat. 1907, provided that: "Sections 4359, 6978, and 9359 [now 7459, 8478, and 9459] of title 10, United States Code, shall apply only with respect to funds appropriated for fiscal years after fiscal year 2004."
§7460. Cadets: charges and fees for attendance; limitation
(a) Prohibition.—Except as provided in subsection (b), no charge or fee for tuition, room, or board for attendance at the Academy may be imposed unless the charge or fee is specifically authorized by a law enacted after October 5, 1994.
(b) Exception.—The prohibition specified in subsection (a) does not apply with respect to any item or service provided to cadets for which a charge or fee is imposed as of October 5, 1994. The Secretary of Defense shall notify Congress of any change made by the Academy in the amount of a charge or fee authorized under this subsection.
§7461. Policy on sexual harassment and sexual violence
(a) Required Policy.—Under guidance prescribed by the Secretary of Defense, the Secretary of the Army shall direct the Superintendent of the Academy to prescribe a policy on sexual harassment and sexual violence applicable to the cadets and other personnel of the Academy.
(b) Matters To Be Specified in Policy.—The policy on sexual harassment and sexual violence prescribed under this section shall include specification of the following:
(1) Programs to promote awareness of the incidence of rape, acquaintance rape, and other sexual offenses of a criminal nature that involve cadets or other Academy personnel.
(2) Procedures that a cadet should follow in the case of an occurrence of sexual harassment or sexual violence, including—
(A) if the cadet chooses to report an occurrence of sexual harassment or sexual violence, a specification of the person or persons to whom the alleged offense should be reported and the options for confidential reporting;
(B) a specification of any other person whom the victim should contact; and
(C) procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault.
(3) Procedures for disciplinary action in cases of alleged criminal sexual assault involving a cadet or other Academy personnel.
(4) Any other sanction authorized to be imposed in a substantiated case of sexual harassment or sexual violence involving a cadet or other Academy personnel in rape, acquaintance rape, or any other criminal sexual offense, whether forcible or nonforcible.
(5) Required training on the policy for all cadets and other Academy personnel, including the specific training required for personnel who process allegations of sexual harassment or sexual violence involving Academy personnel.
(c) Annual Assessment.—(1) The Secretary of Defense, through the Secretary of the Army, shall direct the Superintendent to conduct at the Academy during each Academy program year an assessment, to be administered by the Department of Defense, to determine the effectiveness of the policies, training, and procedures of the Academy with respect to sexual harassment and sexual violence involving Academy personnel.
(2) For the assessment at the Academy under paragraph (1) with respect to an Academy program year that begins in an odd-numbered calendar year, the Secretary of the Army shall conduct a survey, to be administered by the Department of Defense, of Academy personnel—
(A) to measure—
(i) the incidence, during that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have been reported to officials of the Academy; and
(ii) the incidence, during that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have not been reported to officials of the Academy; and
(B) to assess the perceptions of Academy personnel of—
(i) the policies, training, and procedures on sexual harassment and sexual violence involving Academy personnel;
(ii) the enforcement of such policies;
(iii) the incidence of sexual harassment and sexual violence involving Academy personnel; and
(iv) any other issues relating to sexual harassment and sexual violence involving Academy personnel.
(d) Annual Report.—(1) The Secretary of the Army shall direct the Superintendent of the Academy to submit to the Secretary a report on sexual harassment and sexual violence involving cadets or other personnel at the Academy for each Academy program year.
(2) Each report under paragraph (1) shall include, for the Academy program year covered by the report, the following:
(A) The number of sexual assaults, rapes, and other sexual offenses involving cadets or other Academy personnel that have been reported to Academy officials during the program year and, of those reported cases, the number that have been substantiated.
(B) The policies, procedures, and processes implemented by the Secretary of the Army and the leadership of the Academy in response to sexual harassment and sexual violence involving cadets or other Academy personnel during the program year.
(C) A plan for the actions that are to be taken in the following Academy program year regarding prevention of and response to sexual harassment and sexual violence involving cadets or other Academy personnel.
(3) Each report under paragraph (1) for an Academy program year that begins in an odd-numbered calendar year shall include the results of the survey conducted in that program year under subsection (c)(2).
(4)(A) The Secretary of the Army shall transmit to the Secretary of Defense, and to the Board of Visitors of the Academy, each report received by the Secretary under this subsection, together with the Secretary's comments on the report.
(B) The Secretary of Defense shall transmit each such report, together with the Secretary's comments on the report, to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.
(e) Consideration of Request for Transfer of a Cadet Who Is the Victim of a Sexual Assault or Related Offense.—(1) The Secretary of the Army shall provide for timely consideration of and action on a request submitted by a cadet appointed to the United States Military Academy who is the victim of an alleged sexual assault or other offense covered by section 920, 920c, or 930 of this title (article 120, 120c, or 130 of the Uniform Code of Military Justice) for transfer to another military service academy or to enroll in a Senior Reserve Officers' Training Corps program affiliated with another institution of higher education.
(2) The Secretary of the Army shall prescribe regulations to carry out this subsection, within guidelines provided by the Secretary of Defense that—
(A) provide that the Superintendent of the United States Military Academy shall ensure that any cadet who has been appointed to the United States Military Academy and who is a victim of an alleged sexual assault or other offense referred to in paragraph (1), is informed of the right to request a transfer pursuant to this section, and that any formal request submitted by a cadet is processed as expeditiously as practicable through the chain of command for review and action by the Superintendent;
(B) direct the Superintendent of the United States Military Academy, in coordination with the Superintendent of the military service academy to which the cadet requests to transfer—
(i) to take action on a request for transfer under this subsection not later than 72 hours after receiving the formal request from the cadet;
(ii) to approve such request for transfer unless there are exceptional circumstances that require denial of the request; and
(iii) upon approval of such request, to take all necessary and appropriate action to effectuate the transfer of the cadet to the military service academy concerned as expeditiously as possible; and
(C) direct the Superintendent of the United States Military Academy, in coordination with the Secretary of the military department that sponsors the Senior Reserve Officers' Training Corps program at the institution of higher education to which the cadet requests to transfer—
(ii) subject to the cadet's acceptance for admission to the institution of higher education to which the cadet wishes to transfer, to approve such request for transfer unless there are exceptional circumstances that require denial of the application; and
(iii) to take all necessary and appropriate action to effectuate the cadet's enrollment in the institution of higher education to which the cadet wishes to transfer and to process the cadet for participation in the relevant Senior Reserve Officers' Training Corps program as expeditiously as possible.
(3) If the Superintendent of the United States Military Academy denies a request for transfer under this subsection, the cadet may request review of the denial by the Secretary of the Army, who shall take action on such request not later than 72 hours after receipt of the formal request for review.
(4) The Secretary concerned shall ensure that all records of any request, determination, transfer, or other action under this subsection remain confidential, consistent with applicable law and regulation.
(5) A cadet who transfers under this subsection may retain the cadet's appointment to the United States Military Academy or may be appointed to the military service academy to which the cadet transfers without regard to the limitations and requirements set forth in sections 7442, 8454, and 9442 of this title.
(Added Pub. L. 109–364, div. A, title V, §532(a)(1), Oct. 17, 2006, 120 Stat. 2200, §4361; renumbered §7461, Pub. L. 115–232, div. A, title VIII, §808(c)(1), Aug. 13, 2018, 132 Stat. 1839; amended Pub. L. 116–92, div. A, title V, §555(a), Dec. 20, 2019, 133 Stat. 1388.)
For termination, effective Dec. 31, 2021, of provisions in subsec. (d)(4)(B) of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.
Development of Resource Guides Regarding Sexual Assault for the Military Service Academies
Pub. L. 115–232, div. A, title V, §545, Aug. 13, 2018, 132 Stat. 1764, provided that:
"(a) Development.—Not later than 30 days after the date of the enactment of this Act [Aug. 13, 2018], each Superintendent of a military service academy shall develop and maintain a resource guide for students at the respective military service academies regarding sexual assault.
"(b) Elements.—Each guide developed under this section shall include the following information with regards to the relevant military service academy:
"(1) Process overview and definitions.—
"(A) An explanation of prohibited conduct, including examples.
"(B) An explanation of consent.
"(C) Victims' rights.
"(D) Clearly described complaint process, including to whom a complaint may be filed.
"(E) Explanations of restricted and unrestricted reporting.
"(F) List of mandatory reporters.
"(G) Protections from retaliation.
"(H) Assurance that leadership will take appropriate corrective action.
"(I) References to specific policies.
"(J) Resources for survivors.
"(2) Emergency services.—
"(A) Contact information.
"(B) Location.
"(3) Support and counseling.—Contact information for the following support and counseling resources:
"(A) The Sexual Assault Prevention and Response Victim Advocate or other equivalent advocate or counselor available to students in cases of sexual assault.
"(B) The Sexual Harassment/Assault Response and Prevention Resource Program Center.
"(C) Peer counseling.
"(D) Medical care.
"(E) Legal counsel.
"(F) Hotlines.
"(G) Chaplain or other spiritual representatives.
"(c) Distribution.—Each Superintendent shall provide the current guide developed by that Superintendent under this section—
"(1) not later than 30 days after completing development under subsection (a) to each student who is enrolled at the military service academy of that Superintendent on the date of the enactment of this Act;
"(2) at the beginning of each academic year after the date of the enactment of this Act to each student who enrolls at the military service academy of that Superintendent; and
"(3) as soon as practicable to a student at the military service academy of that Superintendent who reports that such student is a victim of sexual assault."
Applicability of Sexual Assault Prevention and Response and Related Military Justice Enhancements to Military Service Academies
Pub. L. 113–291, div. A, title V, §552(a), Dec. 19, 2014, 128 Stat. 3377, provided that: "The Secretary of the military department concerned shall ensure that the provisions of title XVII of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 950) [see Tables for classification], including amendments made by that title, and the provisions of subtitle D [subtitle D (§§531–547) of title V of div. A of Pub. L. 113–291, see Tables for classification], including amendments made by such subtitle, apply to the United States Military Academy, the Naval Academy, and the Air Force Academy, as applicable."
Prevention of Sexual Assault at Military Service Academies
Pub. L. 113–66, div. A, title XVII, §1746, Dec. 26, 2013, 127 Stat. 983, provided that: "The Secretary of Defense shall ensure that the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy include a section in the curricula of that military service academy that outlines honor, respect, and character development as such pertain to the issue of preventing sexual assault in the Armed Forces. Such curricula section shall include a brief history of the problem of sexual assault in the Armed Forces, a definition of sexual assault, information relating to reporting a sexual assault, victims' rights, and dismissal and dishonorable discharge for offenders. Training in such section in the curricula shall be provided within 14 days after the initial arrival of a new cadet or midshipman at that military service academy and repeated annually thereafter."
Further Information From Cadets and Midshipmen at the Service Academies on Sexual Assault and Sexual Harassment Issues
Pub. L. 109–364, div. A, title V, §532(b), Oct. 17, 2006, 120 Stat. 2205, provided that:
"(1) Use of focus groups for years when survey not required.—In any year in which the Secretary of a military department is not required by law to conduct a survey at the service academy under the Secretary's jurisdiction on matters relating to sexual assault and sexual harassment issues at that Academy, the Secretary shall provide for focus groups to be conducted at that Academy for the purposes of ascertaining information relating to sexual assault and sexual harassment issues at that Academy.
"(2) Inclusion in report.—Information ascertained from a focus group conducted pursuant to paragraph (1) shall be included in the Secretary's annual report to Congress on sexual harassment and sexual violence at the service academies.
"(3) Service academies.—For purposes of this subsection, the term 'service academy' means the following:
"(A) The United States Military Academy.
"(B) The United States Naval Academy.
"(C) The United States Air Force Academy."
§7462. Support of athletic programs
(a) Authority.—
(1) Contracts and cooperative agreements.—The Secretary of the Army may enter into contracts and cooperative agreements with the Army West Point Athletic Association for the purpose of supporting the athletic programs of the Academy. Notwithstanding section 2304(k) of this title, the Secretary may enter such contracts or cooperative agreements on a sole source basis pursuant to section 2304(c)(5) of this title. Notwithstanding chapter 63 of title 31, a cooperative agreement under this section may be used to acquire property or services for the direct benefit or use of the Academy.
(2) Financial controls.—(A) Before entering into a contract or cooperative agreement under paragraph (1), the Secretary shall ensure that such contract or agreement includes appropriate financial controls to account for Academy and Association resources in accordance with accepted accounting principles.
(B) Any such contract or cooperative agreement shall contain a provision that allows the Secretary, at the Secretary's discretion, to review the financial accounts of the Association to determine whether the operations of the Association—
(i) are consistent with the terms of the contract or cooperative agreement; and
(ii) will not compromise the integrity or appearance of integrity of any program of the Department of the Army.
(3) Leases.—Section 2667(h) of this title shall not apply to any leases the Secretary may enter into with the Association for the purpose of supporting the athletic programs of the Academy.
(b) Support Services.—
(1) Authority.—To the extent required by a contract or cooperative agreement under subsection (a), the Secretary may provide support services to the Association while the Association conducts its support activities at the Academy. The Secretary may provide support services described in paragraph (2) only if the Secretary determines that the provision of such services is essential for the support of the athletic programs of the Academy.
(2) Support services defined.—(A) In this subsection, the term "support services" includes utilities, office furnishings and equipment, communications services, records staging and archiving, audio and video support, and security systems in conjunction with the leasing or licensing of property.
(B) Such term includes—
(i) housing for Association personnel on United States Army Garrison, West Point, New York; and
(ii) enrollment of dependents of Association personnel in elementary and secondary schools under the same criteria applied to dependents of Federal employees under section 2164(a) of this title, except that educational services provided pursuant to this clause shall be provided on a reimbursable basis.
(3) No liability of the united states.—Any such support services may only be provided without any liability of the United States to the Association.
(c) Acceptance of Support.—
(1) Support received from the association.—Notwithstanding section 1342 of title 31, the Secretary may accept from the Association funds, supplies, and services for the support of the athletic programs of the Academy. For the purposes of this section, employees or personnel of the Association may not be considered to be employees of the United States.
(2) Funds received from ncaa.—The Secretary may accept funds from the National Collegiate Athletic Association to support the athletic programs of the Academy.
(3) Limitation.—The Secretary shall ensure that contributions under this subsection and expenditure of funds pursuant to subsection (e) do not reflect unfavorably on the ability of the Department of the Army, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner, or compromise the integrity or appearance of integrity of any program of the Department of the Army, or any individual involved in such a program.
(d) Trademarks and Service Marks.—
(1) Licensing, marketing, and sponsorship agreements.—An agreement under subsection (a) may, consistent with section 2260 of this title (other than subsection (d) of such section), authorize the Association to enter into licensing, marketing, and sponsorship agreements relating to trademarks and service marks identifying the Academy, subject to the approval of the Secretary of the Army.
(2) Limitations.—No licensing, marketing, or sponsorship agreement may be entered into under paragraph (1) if—
(A) such agreement would reflect unfavorably on the ability of the Department of the Army, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner; or
(B) the Secretary determines that the use of the trademark or service mark would compromise the integrity or appearance of integrity of any program of the Department of the Army, or any individual involved in such a program.
(e) Retention and Use of Funds.—Any funds received by the Secretary under this section may be retained for use in support of the athletic programs of the Academy and shall remain available until expended.
(f) Service on Association Board of Directors.—The Association is a designated entity for which authorization under sections 1033(a) and 1589(a) of this title may be provided.
(g) Conditions.—The authority provided in this section with respect to the Association is available only so long as the Association continues—
(1) to qualify as a nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1986 and operates in accordance with this section, the law of the State of New York, and the constitution and bylaws of the Association; and
(2) to operate exclusively to support the athletic programs of the Academy.
(h) Association Defined.—In this section, the term "Association" means the Army West Point Athletic Association.
(Added Pub. L. 114–92, div. A, title V, §557(a), Nov. 25, 2015, 129 Stat. 825, §4362; renumbered §7462, Pub. L. 115–232, div. A, title VIII, §808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
Section 501(c)(3) of the Internal Revenue Code of 1986, referred to in subsec. (g)(1), is classified to section 501(c)(3) of Title 26, Internal Revenue Code.
A prior section 7471, act Aug. 10, 1956, ch. 1041, 70A Stat. 462, related to appointments in professional and scientific service, prior to repeal by Pub. L. 85–861, §36B(23), Sept. 2, 1958, 72 Stat. 1571.
A prior section 7474, act Aug. 10, 1956, ch. 1041, 70A Stat. 463, related to establishment of wage rates for employees by Secretary of Navy, prior to repeal by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 663.
A prior section 7475, act Aug. 10, 1956, ch. 1041, 70A Stat. 463, restricted increasing of forces at naval activities prior to national elections, prior to repeal by Pub. L. 86–148, §1(1), Aug. 7, 1959, 73 Stat. 302.
Prior sections 7476 to 7480 were renumbered sections 8746 to 8750 of this title, respectively.