US (United States) Code. Title 10. Subtitle B. Part III. Chapter 403: US (United States) Military Academy

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-CITE-

10 USC CHAPTER 403 - UNITED STATES MILITARY ACADEMY 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 403 - UNITED STATES MILITARY ACADEMY

.

-HEAD-

CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-MISC1-

Sec.

4331. Establishment; Superintendent; faculty.

4332. Departments and professors: titles.

4333. Superintendent; faculty: appointment and detail.

4333a. Superintendent: condition for detail to position.

4334. Command and supervision.

4335. Dean of Academic Board.

4336. Permanent professors; director of admissions.

4337. Chaplain.

4338. Civilian faculty: number; compensation.

(4339. Repealed.)

4340. Quartermaster.

4341. Faculty and other officers: leaves of absence.

4341a. Cadets: appointment by the President.

4342. Cadets: appointment; numbers, territorial distribution.

4343. Cadets: appointment; to bring Corps to full strength.

4344. Selection of persons from foreign countries.

4345. Exchange program with foreign military academies.

4346. Cadets: requirements for admission.

4347. Cadets; nominees: effect of redistricting of States.

4348. Cadets: agreement to serve as officer.

4349. Cadets: organization of Corps; service; instruction.

4350. Cadets: clothing and equipment.

4351. Cadets: deficiencies in conduct or studies; effect of failure

on successor.

4352. Cadets: hazing.

4353. Cadets: degree and commission on graduation.

4354. Buildings and grounds: memorial hall; buildings for religious

worship.

4355. Board of Visitors.

4356. Use of certain gifts.

4357. Acceptance of guarantees with gifts for major projects.

4358. Grants for faculty research for scientific, literary, and

educational purposes: acceptance; authorized grantees.

AMENDMENTS

1999 - Pub. L. 106-65, div. A, title V, Sec. 532(a)(4)(B), div.

B, title XXVIII, Sec. 2871(a)(2), Oct. 5, 1999, 113 Stat. 603, 873,

added items 4333a and 4357.

1998 - Pub. L. 105-261, div. A, title X, Sec. 1063(a)(2), Oct.

17, 1998, 112 Stat. 2130, added item 4358.

1997 - Pub. L. 105-85, div. A, title V, Sec. 542(a)(2), Nov. 18,

1997, 111 Stat. 1741, added item 4345.

1996 - Pub. L. 104-106, div. A, title V, Sec. 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, Sec. 556(a)(2), Oct. 5,

1994, 108 Stat. 2774, added item 4357.

1993 - Pub. L. 103-160, div. A, title V, Sec. 533(a)(2), Nov.

30, 1993, 107 Stat. 1658, added item 4338.

1983 - Pub. L. 98-94, title X, Sec. 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, Sec. 1(41)(B), Oct. 12, 1982, 96 Stat.

1298, added item 4356.

1981 - Pub. L. 97-60, title II, Sec. 203(a)(2)(B), Oct. 14, 1981,

95 Stat. 1006, added item 4341a.

1978 - Pub. L. 95-551, Sec. 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, Sec. 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, Sec. 1(12), Aug. 6, 1958, 72 Stat. 523,

inserted '', registrar'' in item 4336.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 37 section 209.

-CITE-

10 USC Sec. 4331 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-

Sec. 4331. Establishment; Superintendent; faculty

-STATUTE-

(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-two permanent professors.

(5) A chaplain.

(6) A director of admissions.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 238; Pub. L. 85-600, Sec. 1(8),

Aug. 6, 1958, 72 Stat. 522; Pub. L. 85-723, Aug. 21, 1958, 72 Stat.

711; Pub. L. 95-551, Sec. 1, Oct. 30, 1978, 92 Stat. 2069; Pub. L.

96-513, title V, Sec. 512(12), Dec. 12, 1980, 94 Stat. 2929; Pub.

L. 102-484, div. A, title V, Sec. 523(a), Oct. 23, 1992, 106 Stat.

2409; Pub. L. 103-160, div. A, title V, Sec. 533(a)(3), Nov. 30,

1993, 107 Stat. 1658.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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4331(a) 10:1061. 10:1071. R.S. 1309; Feb. 18,

4331(b) 10:1077. 10:1077a. 1896, ch. 22 (less

10:1078a. 10:1087 proviso), 29 Stat.

(less proviso). 8. June 23, 1879,

10:1088. 10:1089 ch. 35, Sec. 4

(1st 20 words). (less last 30

10:1073. 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, Sec. 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, Sec. 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.

AMENDMENTS

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.''

1992 - Subsec. (c). Pub. L. 102-484 added subsec. (c).

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.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

PROHIBITION ON IMPOSITION OF ADDITIONAL CHARGES OR FEES FOR

ATTENDANCE AT CERTAIN ACADEMIES

Pub. L. 103-337, div. A, title V, Sec. 553, Oct. 5, 1994, 108

Stat. 2772, as amended by Pub. L. 107-314, div. A, title X, Sec.

1041(b), Dec. 2, 2002, 116 Stat. 2646, provided that:

''(a) Prohibition. - Except as provided in subsection (b), no

charge or fee for tuition, room, or board for attendance at an

academy named in subsection (c) may be imposed unless the charge or

fee is specifically authorized by a law enacted after the date of

the enactment of this Act (Oct. 5, 1994).

''(b) Exception. - The prohibition specified in subsection (a)

shall not apply with respect to any item or service provided to

cadets or midshipmen at an academy named in subsection (c) for

which a charge or fee is imposed as of the date of the enactment of

this Act.

''(c) Covered Academies. - This section applies to the following:

''(1) The United States Military Academy.

''(2) The United States Naval Academy.

''(3) The United States Air Force Academy.

''(4) The United States Coast Guard Academy.

''(5) The United States Merchant Marine Academy.''

(For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.)

TEST PROGRAM TO EVALUATE USE OF PRIVATE PREPARATORY SCHOOLS FOR

SERVICE ACADEMY PREPARATORY SCHOOL MISSION

Section 536 of Pub. L. 103-160 required Secretary of Defense to

conduct test program to determine efficiency and cost effectiveness

of using schools in private sector as alternative to existing

schools used for mission of operating military preparatory school

program for one or more of the service academies, prior to repeal

by Pub. L. 104-106, div. A, title V, Sec. 534, Feb. 10, 1996, 110

Stat. 315.

COLONEL THOMAS HAWKINS JOHNSON VISITING SCHOLAR PROGRAM AND LECTURE

SERIES

Pub. L. 101-510, div. A, title XIV, Sec. 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.''

-CITE-

10 USC Sec. 4332 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-

Sec. 4332. Departments and professors: titles

-STATUTE-

(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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 238.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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4332(a) 4332(b) 10:1061a. 10:1087 Dec. 14, 1942, ch.

(proviso). 729, 56 Stat. 1049.

June 26, 1946, ch.

495, Sec. 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.

-CITE-

10 USC Sec. 4333 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-

Sec. 4333. Superintendent; faculty: appointment and detail

-STATUTE-

(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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 238; Pub. L. 85-600, Sec. 1(9),

Aug. 6, 1958, 72 Stat. 522; Pub. L. 95-551, Sec. 2, Oct. 30, 1978,

92 Stat. 2069; Pub. L. 96-513, title V, Sec. 502(24), Dec. 12,

1980, 94 Stat. 2910.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

4333(a) 4333(b) 10:1062. 10:1063 R.S. 1313. R.S. 1314

4333(c) (1st sentence, and (words before

1st 26 words of semicolon). July

last sentence). 26, 1894, ch. 167

10:1063 (last (words after

sentence, less 1st semicolon in 7th

26 words). 10:1064. 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''.

AMENDMENTS

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).

EFFECTIVE DATE OF 1980 AMENDMENT

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.

July 10, 1952, ch. 630, title III, 66 Stat. 520.

Oct. 18, 1951, ch. 512, title III, 65 Stat. 427.

Sept. 6, 1950, ch. 896, Ch. X, title III, 64 Stat. 733.

Oct. 29, 1949, ch. 787, title III, 63 Stat. 998.

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.

June 28, 1944, ch. 303, 58 Stat. 588.

July 1, 1943, ch. 185, 57 Stat. 361.

July 2, 1942, ch. 477, 56 Stat. 624.

June 30, 1941, ch. 262, 55 Stat. 384.

June 13, 1940, ch. 343, 54 Stat. 370.

Apr. 26, 1939, ch. 88, 53 Stat. 610.

June 11, 1938, ch. 347, 52 Stat. 659.

July 1, 1937, ch. 423, 50 Stat. 460.

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.

-CITE-

10 USC Sec. 4333a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-

Sec. 4333a. Superintendent: condition for detail to position

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 106-65, div. A, title V, Sec. 532(a)(1)(B), Oct. 5,

1999, 113 Stat. 603.)

-MISC1-

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 3921 of this title.

-CITE-

10 USC Sec. 4334 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-

Sec. 4334. Command and supervision

-STATUTE-

(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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 239; Pub. L. 85-600, Sec.

1(10), Aug. 6, 1958, 72 Stat. 523; Pub. L. 95-551, Sec. 2, Oct. 30,

1978, 92 Stat. 2069.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

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.

AMENDMENTS

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''.

-CITE-

10 USC Sec. 4335 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-

Sec. 4335. Dean of Academic Board

-STATUTE-

(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) 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. The

retirement age of an officer so appointed is that of a permanent

professor of the Academy. 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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 239; Pub. L. 85-861, Sec.

33(a)(46)(A), Sept. 2, 1958, 72 Stat. 1567; Pub. L. 99-661, div.

A, title V, Sec. 508(a), Nov. 14, 1986, 100 Stat. 3866; Pub. L.

102-484, div. A, title V, Sec. 521(a), Oct. 23, 1992, 106 Stat.

2409; Pub. L. 106-65, div. A, title V, Sec. 533(a), Oct. 5, 1999,

113 Stat. 604.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

4335(a) 4335(b) 10:1089 (2d June 26, 1946, ch.

sentence). 10:1089 495, Sec. 3 (less

(less 1st 20 words, 1st 20 words), 60

and less 2d Stat. 312.

sentence).

-------------------------------

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.

1958 ACT

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.

AMENDMENTS

1999 - Subsec. (c). Pub. L. 106-65 added subsec. (c).

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, Sec. 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, Sec. 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''.

EFFECTIVE DATE OF 1986 AMENDMENT

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.

EFFECTIVE DATE OF 1958 AMENDMENT

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.

-CITE-

10 USC Sec. 4336 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-

Sec. 4336. Permanent professors; director of admissions

-STATUTE-

(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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 239; Pub. L. 85-600, Sec.

1(11), Aug. 6, 1958, 72 Stat. 523; Pub. L. 85-861, Sec.

33(a)(46)(B), Sept. 2, 1958, 72 Stat. 1567; Pub. L. 95-551, Sec. 2,

4(a), Oct. 30, 1978, 92 Stat. 2069; Pub. L. 96-513, title II, Sec.

218(a), title V, Sec. 502(25), Dec. 12, 1980, 94 Stat. 2886, 2911;

Pub. L. 98-525, title V, Sec. 533(d)(1), Oct. 19, 1984, 98 Stat.

2528.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

4336 10:1079a(a). Aug. 7, 1947, ch.

512, Sec. 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.

1958 ACT

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.

AMENDMENTS

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, Sec. 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, Sec. 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, Sec. 4(a), substituted ''director of

admissions'' for ''registrar'' in section catchline.

Subsecs. (b), (c). Pub. L. 95-551, Sec. 2, substituted ''director

of admissions'' for ''registrar'' wherever appearing.

1958 - Pub. L. 85-600, Sec. 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).

EFFECTIVE DATE OF 1980 AMENDMENT

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.

EFFECTIVE DATE OF 1958 AMENDMENT

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.

SERVICE PERFORMED AS REGISTRAR PRIOR TO AUG. 6, 1958

Section 2 of Pub. L. 85-600 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).''

-CITE-

10 USC Sec. 4337 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-

Sec. 4337. Chaplain

-STATUTE-

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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 239; Pub. L. 87-651, title I,

Sec. 117, Sept. 7, 1962, 76 Stat. 513; Pub. L. 107-107, div. A,

title V, Sec. 540(a), Dec. 28, 2001, 115 Stat. 1109.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

4337 10:1083. 10:1137. 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.

1962 ACT

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).

AMENDMENTS

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.

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-107, div. A, title V, Sec. 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).''

-TRANS-

DELEGATION OF FUNCTIONS

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.

-CITE-

10 USC Sec. 4338 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-

Sec. 4338. Civilian faculty: number; compensation

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 103-160, div. A, title V, Sec. 533(a)(1), Nov. 30,

1993, 107 Stat. 1658; amended Pub. L. 106-65, div. A, title XI,

Sec. 1107(a), Oct. 5, 1999, 113 Stat. 778.)

-MISC1-

PRIOR PROVISIONS

A prior section 4338, acts Aug. 10, 1956, ch. 1041, 70A Stat.

239; Sept. 7, 1962, Pub. L. 87-649, Sec. 4, 76 Stat. 493, provided

that the director of music, who was also leader of the Military

Academy Band, have the rank prescribed by the Secretary of the

Army, that at such time as the President directs, the director of

music be retired in the grade equal to the highest rank in which he

served on active duty satisfactorily for at least six months and

with the retired pay of an officer of the Army with the same grade

and length of service, and that the dependents of the director of

music be entitled to pensions, death gratuity, and other benefits

provided for the dependents of a Regular Army officer with

corresponding grade and length of service, prior to repeal by Pub.

L. 95-551, Sec. 3(a), Oct. 30, 1978, 92 Stat. 2069.

AMENDMENTS

1999 - Subsec. (c). Pub. L. 106-65 added subsec. (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 5102.

-CITE-

10 USC Sec. 4339 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-

(Sec. 4339. Repealed. Pub. L. 89-716, Sec. 1, Nov. 2, 1966, 80

Stat. 1114)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 240, authorized

public quarters and fuel and light therefor for the organist and

choirmaster of the Academy and for civilian instructors in the

departments of foreign languages and tactics.

QUARTERS FOR ORGANIST, CHOIRMASTER AND CERTAIN CIVILIAN INSTRUCTORS

APPOINTED PRIOR TO JAN. 17, 1963

Section 2 of Pub. L. 89-716 provided that the organist and

choirmaster and the civilian instructors in departments of foreign

languages and tactics at United States Military Academy who were

serving under appointments made prior to Jan. 17, 1963, were

entitled to public quarters without charge, and to fuel and light

without charge when they occupy public quarters.

-CITE-

10 USC Sec. 4340 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-

Sec. 4340. Quartermaster

-STATUTE-

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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 240.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

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.

-CITE-

10 USC Sec. 4341 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-

Sec. 4341. Faculty and other officers: leaves of absence

-STATUTE-

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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 240.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

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.

-CITE-

10 USC Sec. 4341a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-

Sec. 4341a. Cadets: appointment by the President

-STATUTE-

Cadets at the Academy shall be appointed by the President alone.

An appointment is conditional until the cadet is admitted.

-SOURCE-

(Added Pub. L. 97-60, title II, Sec. 203(a)(2)(A), Oct. 14, 1981,

95 Stat. 1006.)

-MISC1-

EFFECTIVE DATE

Section 203(d) of Pub. L. 97-60 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).''

-CITE-

10 USC Sec. 4342 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-

Sec. 4342. Cadets: appointment; numbers, territorial distribution

-STATUTE-

(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 4,000 or such higher 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) Two 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) Two cadets from Guam, nominated by the Delegate in Congress

from Guam.

(9) One cadet from American Samoa, nominated by the Delegate in

Congress from American Samoa.

(10) One cadet from the Commonwealth of the Northern Mariana

Islands, nominated by the resident representative 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.

(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 clause (1)

of subsection (a) may not be selected under this clause.

(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 4343 of this title) from

qualified alternates nominated by persons named in clauses (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 clauses

(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 clauses (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:

(A) 27 appointments under subsection (b)(2);

(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 Secretary of the Army 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. However, no increase may be prescribed for any academic year

after the 2007-2008 academic year.

(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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 240; Pub. L. 85-861, Sec.

33(a)(26), Sept. 2, 1958, 72 Stat. 1565; Pub. L. 87-663, Sec. 1(1),

(2), Sept. 14, 1962, 76 Stat. 547; Pub. L. 88-276, Sec. 1(1), Mar.

3, 1964, 78 Stat. 148; Pub. L. 89-650, Sec. 1(1)-(4), Oct. 13,

1966, 80 Stat. 896; Pub. L. 90-374, July 5, 1968, 82 Stat. 283;

Pub. L. 90-623, Sec. 2(8), Oct. 22, 1968, 82 Stat. 1314; Pub. L.

91-405, title II, Sec. 204(c), Sept. 22, 1970, 84 Stat. 852; Pub.

L. 92-365, Sec. 1(1), Aug. 7, 1972, 86 Stat. 505; Pub. L. 93-171,

Sec. 1(1)-(4), Nov. 29, 1973, 87 Stat. 690; Pub. L. 94-106, title

VIII, Sec. 803(b)(1), Oct. 7, 1975, 89 Stat. 538; Pub. L. 96-513,

title V, Sec. 512(13), Dec. 12, 1980, 94 Stat. 2930; Pub. L.

96-600, Sec. 2(a), Dec. 24, 1980, 94 Stat. 3493; Pub. L. 97-60,

title II, Sec. 203(a)(1), Oct. 14, 1981, 95 Stat. 1006; Pub. L.

98-94, title X, Sec. 1005(a)(1), (b)(1), Sept. 24, 1983, 97 Stat.

660; Pub. L. 101-189, div. A, title XVI, Sec. 1621(a)(1), Nov. 29,

1989, 103 Stat. 1602; Pub. L. 101-510, div. A, title V, Sec.

532(a)(1), Nov. 5, 1990, 104 Stat. 1563; Pub. L. 103-160, div. A,

title V, Sec. 531, Nov. 30, 1993, 107 Stat. 1657; Pub. L. 103-337,

div. A, title XVI, Sec. 1672(c)(3), Oct. 5, 1994, 108 Stat. 3015;

Pub. L. 104-106, div. A, title V, Sec. 532(a), title XV, Sec.

1502(a)(1), Feb. 10, 1996, 110 Stat. 314, 502; Pub. L. 105-85,

div. A, title X, Sec. 1073(a)(62), Nov. 18, 1997, 111 Stat. 1903;

Pub. L. 106-65, div. A, title V, Sec. 531(b)(1), title X, Sec.

1067(1), Oct. 5, 1999, 113 Stat. 602, 774; Pub. L. 106-398, Sec. 1

((div. A), title V, Sec. 531(a)), Oct. 30, 2000, 114 Stat. 1654,

1654A-109; Pub. L. 107-314, div. A, title V, Sec. 532(a), (f),

Dec. 2, 2002, 116 Stat. 2545, 2547.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

4342(a) 10:1092a (1st par., R.S. 1317. June 30,

less clauses (a) 1950, ch. 421, Sec.

through (e)). 1, 2 (last

10:1092a (clause proviso), 64 Stat.

(a), less 14th 303, 304; June 3,

through 52d words 1954, ch. 251, Sec.

after 4th 2, 68 Stat. 169.

semicolon; and less

last 32 words).

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.). 10:1098.

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.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-314, Sec. 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, Sec. 532(f), struck out

''(beginning with the 2001-2002 academic year)'' after ''any

year''.

Subsec. (j). Pub. L. 107-314, Sec. 532(a)(2), added subsec. (j).

2000 - Subsec. (b)(1)(B). Pub. L. 106-398, Sec. 1 ((div. A),

title V, Sec. 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, Sec. 1 ((div. A), title

V, Sec. 531(a)(2)), added subpars. (C) and (D).

1999 - Subsec. (a). Pub. L. 106-65, Sec. 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, Sec. 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, Sec. 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, Sec. 532(a), added par.

(10).

Subsec. (g). Pub. L. 104-106, Sec. 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, Sec.

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, Sec. 532(a)(1)(B), substituted

''clauses (2) through (9)'' for ''clauses (2)-(7), (9), or (10)''.

Subsec. (f). Pub. L. 101-510, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 1(2), struck out reference

to Guam and Virgin Islands.

Subsec. (a)(10). Pub. L. 93-171, Sec. 1(3), added cl. (10).

Subsec. (f). Pub. L. 93-171, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 1(1), added cl.

(10).

Subsec. (c). Pub. L. 87-633, Sec. 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''.

EFFECTIVE DATE OF 1994 AMENDMENT

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.

EFFECTIVE DATE OF 1981 AMENDMENT

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 4341a of this title.

EFFECTIVE DATE OF 1980 AMENDMENTS

Section 2(d) of Pub. L. 96-600 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).''

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1973 AMENDMENT

Section 4 of Pub. L. 93-171 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.''

EFFECTIVE DATE OF 1970 AMENDMENT

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.

EFFECTIVE DATE OF 1968 AMENDMENT

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.

EFFECTIVE DATE OF 1958 AMENDMENT

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.

STRENGTH LIMITATIONS AT UNITED STATES MILITARY ACADEMY

Pub. L. 106-65, div. A, title V, Sec. 531(a), Oct. 5, 1999, 113

Stat. 601, provided that:

''(1) The Secretary of the Army shall take such action as

necessary to ensure that the United States Military Academy is in

compliance with the USMA cadet strength limit not later than the

day before the last day of the 2001-2002 academic year.

''(2) The Secretary of the Army may provide for a variance to the

USMA cadet strength limit -

''(A) as of the day before the last day of the 1999-2000

academic year of not more than 5 percent; and

''(B) as of the day before the last day of the 2000-2001

academic year of not more than 2 1/2 percent.

''(3) For purposes of this subsection -

''(A) the USMA cadet strength limit is the maximum of 4,000

cadets established for the Corps of Cadets at the United States

Military Academy by section 511 of the National Defense

Authorization Act for Fiscal Years 1992 and 1993 (Public Law

102-190; (former) 10 U.S.C. 4342 note), reenacted in section

4342(a) of title 10, United States Code, by the amendment made by

subsection (b)(1); and

''(B) the last day of an academic year is graduation day.''

LIMITATION ON NUMBER OF CADETS AND MIDSHIPMEN AUTHORIZED TO ATTEND

SERVICE ACADEMIES

Pub. L. 102-190, div. A, title V, Sec. 511(a)-(d), Dec. 5, 1991,

105 Stat. 1359, 1360, provided that authorized strength of Corps of

Cadets of United States Military Academy, Air Force Cadets of

United States Air Force Academy, and brigade of midshipmen of

United States Naval Academy could not exceed 4,000 for each service

academy for class years beginning after 1994, and contained

provisions concerning effect of class reductions on certain

appointments and requiring Comptroller General to make

determinations and reports, prior to repeal by Pub. L. 106-65,

div. A, title V, Sec. 531(b)(4), Oct. 5, 1999, 113 Stat. 602.

Section 531 of Pub. L. 101-510, which required that number of

appointments made for class entering service academy in 1991 not

exceed the number 100 less than the number entering service academy

in 1990, and that number of such appointments not exceed 1,000 in

1995, was repealed by Pub. L. 102-190, div. A, title V, Sec.

511(e), Dec. 5, 1991, 105 Stat. 1360.

ELIGIBILITY OF FEMALE INDIVIDUALS FOR APPOINTMENT AND ADMISSION TO

SERVICE ACADEMIES; UNIFORM APPLICATION OF ACADEMIC AND OTHER

STANDARDS TO MALE AND FEMALE INDIVIDUALS

Section 803(a) of Pub. L. 94-106 provided that: ''Notwithstanding

any other provision of law, in the administration of chapter 403 of

title 10, United States Code (this chapter) (relating to the United

States Military Academy), chapter 603 of such title (relating to

the United States Naval Academy), and chapter 903 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

Section 803(c) of Pub. L. 94-106 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 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).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4343, 4344 of this title.

-CITE-

10 USC Sec. 4343 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-

Sec. 4343. Cadets: appointment; to bring Corps to full strength

-STATUTE-

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 clauses (2) through (8) of section 4342(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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 242; Pub. L. 88-276, Sec. 1(2),

Mar. 3, 1964, 78 Stat. 150; Pub. L. 93-171, Sec. 1(5), Nov. 29,

1973, 87 Stat. 690; Pub. L. 102-25, title VII, Sec. 701(f)(5), Apr.

6, 1991, 105 Stat. 115.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

4343 10:1092d. June 30, 1950, ch.

421, Sec. 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''.

AMENDMENTS

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 1973 AMENDMENT

Effective date of amendment by Pub. L. 93-171, see section 4 of

Pub. L. 93-171, set out as a note under section 4342 of this title.

NUMBER OF ALTERNATE-APPOINTEES FROM CONGRESSIONAL SOURCES NOT TO BE

REDUCED BECAUSE OF ADDITIONAL PRESIDENTIAL APPOINTMENTS

Pub. L. 89-650, Sec. 2, Oct. 13, 1966, 80 Stat. 896, provided

that: ''Notwithstanding any other provision of law, none of the

additional appointments authorized in sections 4342(b)(1),

6954(b)(1) and 9342(b)(1) of this title 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 4343, 6956, and 9343 of title 10, United

States Code.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4342 of this title.

-CITE-

10 USC Sec. 4344 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-

Sec. 4344. Selection of persons from foreign countries

-STATUTE-

(a)(1) The Secretary of the Army may permit not more than 60

persons at any one time from foreign countries to receive

instruction at the Academy. Such persons shall be in addition to

the authorized strength of the Corps of the Cadets of the Academy

under section 4342 of this title.

(2) The Secretary of the Army, upon approval by the Secretary of

Defense, shall determine the countries from which persons may be

selected for appointment under this section and the number of

persons that may be selected from each country. The Secretary of

the Army may establish entrance qualifications and methods of

competition for selection among individual applicants under this

section and shall select those persons who will be permitted to

receive instruction at the Academy under this section.

(3) In selecting persons to receive instruction under this

section from among applicants from the countries approved under

paragraph (2), the Secretary of the Army shall give a priority to

persons who have a national service obligation to their countries

upon graduation from the Academy.

(b)(1) A person receiving instruction under this section is

entitled to the pay, allowances, and emoluments of a cadet

appointed from the United States, and from the same appropriations.

(2) Each foreign country from which a cadet is permitted to

receive instruction at the Academy under this section shall

reimburse the United States for the cost of providing such

instruction, including the cost of pay, allowances, and emoluments

provided under paragraph (1). The Secretary of the Army shall

prescribe the rates for reimbursement under this paragraph, except

that the reimbursement rates may not be less than the cost to the

United States of providing such instruction, including pay,

allowances, and emoluments, to a cadet appointed from the United

States.

(3) The Secretary of Defense may waive, in whole or in part, the

requirement for reimbursement of the cost of instruction for a

cadet under paragraph (2). In the case of a partial waiver, the

Secretary shall establish the amount waived.

(c)(1) Except as the Secretary of the Army determines, a person

receiving instruction under this section is subject to the same

regulations governing admission, attendance, discipline,

resignation, discharge, dismissal, and graduation as a cadet at the

Academy appointed from the United States. The Secretary may

prescribe regulations with respect to access to classified

information by a person receiving instruction under this section

that differ from the regulations that apply to a cadet at the

Academy appointed from the United States.

(2) A person receiving instruction under this section is not

entitled to an appointment in an armed force of the United States

by reason of graduation from the Academy.

(d) A person receiving instruction under this section is not

subject to section 4346(d) of this title.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 242; Pub. L. 98-94, title X,

Sec. 1004(a)(1), Sept. 24, 1983, 97 Stat. 657; Pub. L. 105-85,

div. A, title V, Sec. 543(a), Nov. 18, 1997, 111 Stat. 1743; Pub.

L. 106-65, div. A, title V, Sec. 534(a), Oct. 5, 1999, 113 Stat.

605; Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 532(a)), Oct.

30, 2000, 114 Stat. 1654, 1654A-110; Pub. L. 107-107, div. A,

title V, Sec. 533(a)(1), (2), Dec. 28, 2001, 115 Stat. 1105.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

4344(a) 4344(b) 10:1093c (less 3d June 26, 1946, ch.

4344(c) and last 493, Sec. 1, 60

sentences). Stat. 311; June 1,

10:1093c (3d 1948, ch. 357, Sec.

sentence). 10:1093c 2, 62 Stat. 280.

(last sentence,

less proviso).

4344(d) 10:1093c (proviso of

last sentence).

-------------------------------

In subsection (a), the words ''at West Point, New York'' are

omitted as surplusage.

In subsection (b), the words ''is entitled to'' are substituted

for the words ''shall receive''. The words ''performed in

proceeding'' are omitted as surplusage. The words ''continental

limits'' are omitted, since section 101(1) of this title defines

the United States to include only the States and the District of

Columbia.

In subsection (c), the words ''to any office or position'' are

omitted as surplusage.

In subsection (d), the words ''and 1101'' are omitted, since

section 1321 of the Revised Statutes, previously codified in

10:1101, was repealed by section 6(b) of the Act of June 30, 1950,

ch. 421, 64 Stat. 305.

AMENDMENTS

2001 - Subsec. (a)(1). Pub. L. 107-107, Sec. 533(a)(1),

substituted ''60'' for ''40''.

Subsec. (b)(2). Pub. L. 107-107, Sec. 533(a)(2)(A), struck out

''unless a written waiver of reimbursement is granted by the

Secretary of Defense'' before period at end of first sentence.

Subsec. (b)(3). Pub. L. 107-107, Sec. 533(a)(2)(B), added par.

(3) and struck out former par. (3) which read as follows: ''The

amount of reimbursement waived under paragraph (2) may not exceed

50 percent of the per-person reimbursement amount otherwise

required to be paid by a foreign country under such paragraph,

except in the case of not more than 20 persons receiving

instruction at the Academy under this section at any one time.''

2000 - Subsec. (a)(3). Pub. L. 106-398 added par. (3).

1999 - Subsec. (b)(3). Pub. L. 106-65 substituted ''50 percent''

for ''35 percent'' and ''20 persons'' for ''five persons''.

1997 - Subsec. (b)(2). Pub. L. 105-85, Sec. 543(a)(1), inserted

before period at end '', except that the reimbursement rates may

not be less than the cost to the United States of providing such

instruction, including pay, allowances, and emoluments, to a cadet

appointed from the United States''.

Subsec. (b)(3). Pub. L. 105-85, Sec. 543(a)(2), added par. (3).

1983 - Pub. L. 98-94 substituted ''persons from foreign

countries'' for ''persons from Canada and American Republics'' in

section catchline.

Subsec. (a)(1). Pub. L. 98-94 substituted ''The Secretary of the

Army may permit not more than 40 persons at any one time from

foreign countries to receive instruction at the Academy'' for

''Upon designation by the President, the Secretary of the Army may

permit not more than 20 persons at any one time from Canada and the

American Republics, other than the United States, to receive

instruction at the Academy'' as the first sentence of existing

subsec. (a), redesignated that first sentence as par. (1), and in

par. (1) as so redesignated inserted second sentence providing that

such persons shall be in addition to the authorized strength of the

Corps of the Cadets of the Academy under section 4342 of this

title.

Subsec. (a)(2). Pub. L. 98-94 substituted ''The Secretary of the

Army, upon approval by the Secretary of Defense, shall determine

the countries from which persons may be selected for appointment

under this section and the number of persons that may be selected

from each country'' for ''However, not more than three persons from

any one of those republics or from Canada may receive instruction

under this section at any one time'' as the second sentence of

existing subsec. (a), redesignated that second sentence as par.

(2), and in par. (2) as so redesignated inserted second sentence

providing that the Secretary of the Army may establish entrance

qualifications and methods of competition for selection among

individual applicants under this section and shall select those

persons who will be permitted to receive instruction at the Academy

under this section.

Subsec. (b)(1). Pub. L. 98-94 redesignated first sentence of

existing subsec. (b) as par. (1) thereof.

Subsec. (b)(2). Pub. L. 98-94 substituted ''Each foreign country

from which a cadet is permitted to receive instruction at the

Academy under this section shall reimburse the United States for

the cost of providing such instruction, including the cost of pay,

allowances, and emoluments provided under paragraph (1) unless a

written waiver of reimbursement is granted by the Secretary of

Defense'' for ''However, the mileage allowance payable to that

person for travel to the Academy for initial admission is not

limited to mileage for travel within the United States'' as second

sentence of existing subsec. (b), redesignated that second sentence

as par. (2) and inserted second sentence providing that the

Secretary of the Army shall prescribe the rates for reimbursement

under this paragraph.

Subsec. (c)(1). Pub. L. 98-94 redesignated first sentence of

existing subsec. (c) as par. (1) and inserted second sentence

providing that the Secretary may prescribe regulations with respect

to access to classified information by a person receiving

instruction under this section that differ from the regulations

that apply to a cadet at the Academy appointed from the United

States.

Subsec. (c)(2). Pub. L. 98-94 redesignated second sentence of

existing subsec. (c) as par. (2) and substituted ''appointment in

an armed force of the United States'' for ''appointment in the

United States Army''.

Subsec. (d). Pub. L. 98-94 reenacted subsec. (d) without change.

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-107, div. A, title V, Sec. 533(a)(3), Dec. 28, 2001,

115 Stat. 1105, provided that: ''The amendments made by paragraph

(2) (amending this section) shall not apply with respect to any

person who entered the United States Military Academy to receive

instruction under section 4344 of title 10, United States Code,

before the date of the enactment of this Act (Dec. 28, 2001).''

Pub. L. 107-107, div. A, title V, Sec. 533(d), Dec. 28, 2001,

115 Stat. 1106, provided that: ''The amendments made by this

section (amending this section and sections 6957 and 9344 of this

title) shall not apply with respect to any academic year that began

before the date of the enactment of this Act (Dec. 28, 2001).''

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 532(d)), Oct.

30, 2000, 114 Stat. 1654, 1654A-110, provided that: ''The

amendments made by this section (amending this section and sections

6957 and 9344 of this title) shall apply with respect to academic

years that begin after October 1, 2000.''

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-65, div. A, title V, Sec. 534(d), Oct. 5, 1999, 113

Stat. 605, provided that: ''The amendments made by this section

(amending this section and sections 6957 and 9344 of this title)

apply with respect to students from a foreign country entering the

United States Military Academy, the United States Naval Academy, or

the United States Air Force Academy on or after May 1, 1999.''

EFFECTIVE DATE OF 1997 AMENDMENT

Section 543(d) of Pub. L. 105-85 provided that: ''The amendments

made by this section (amending this section and sections 6957 and

9344 of this title) apply with respect to students from a foreign

country entering the United States Military Academy, the United

States Naval Academy, or the United States Air Force Academy on or

after May 1, 1998.''

EFFECTIVE DATE OF 1983 AMENDMENT

Section 1004(d) of Pub. L. 98-94 provided that:

''Sections 4344(b)(2), 6957(b)(2), and 9344(b)(2) of title 10,

United States Code, as added by this section, do not apply to the

cost of providing instruction to a person who, before the effective

date of this section, entered the United States Military Academy,

the United States Naval Academy, or the United States Air Force

Academy under section 4344, 4345, 6957, 9344, or 9345 of such

title, as in effect on the day before such date. Any such person

shall be counted against the maximum of 40 persons who may attend

the Academy concerned at any time under any of those sections.

''The amendments made by subsections (a), (b), and (c) (amending

this section and sections 6957 and 9344 of this title and repealing

sections 4345 and 9345 of this title) shall take effect one year

after the date of the enactment of this Act (Sept. 24, 1983) and

shall apply to each person entering the United States Military

Academy, the United States Naval Academy, or the United States Air

Force Academy after that effective date.''

PERSONS FROM COUNTRIES ASSISTING U.S. IN VIETNAM: SERVICE ACADEMY

INSTRUCTION; BENEFITS, LIMITATIONS, RESTRICTIONS, AND REGULATIONS;

OATH OF TRAINEES

Pub. L. 89-802, Nov. 9, 1966, 80 Stat. 1518, provided that:

''(a) Notwithstanding any other provision of law, upon

designation by the President, the Secretary of the Army, the

Secretary of the Navy, and the Secretary of the Air Force,

respectively, may permit persons from foreign countries to receive

instruction at the Military Academy, the Naval Academy, and the Air

Force Academy.

''(b) A person may not be admitted to an Academy for instruction

under this Act unless his country at the time of his admission is

assisting the United States in Vietnam by the provision of manpower

or bases.

''(c) Not more than four persons may receive instruction under

this Act at any one Academy at any one time.

''(d) No person may be admitted to an Academy under this Act

after October 1, 1970.

''(e) A person receiving instruction under this Act is entitled

to the pay, allowances, and emoluments of a cadet or midshipman

appointed from the United States and from the same appropriations.

''(f) Except as the Secretary determines, a person receiving

instruction under this Act is subject to the same regulations

governing admission, attendance, discipline, resignation,

discharge, dismissal and graduation as a cadet or midshipman

appointed from the United States. However, a person receiving

instruction under this Act is not entitled to an appointment in the

Armed Forces of the United States by reason of his graduation from

an Academy.

''(g) A person receiving instruction under this Act is not

subject to section 4346(d) of title 10, United States Code.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4345 of this title; title

20 section 221a.

-CITE-

10 USC Sec. 4345 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-

Sec. 4345. Exchange program with foreign military academies

-STATUTE-

(a) Exchange Program Authorized. - The Secretary of the Army may

permit a student enrolled at a military academy of a foreign

country to receive instruction at the Academy in exchange for a

cadet receiving instruction at that foreign military academy

pursuant to an exchange agreement entered into between the

Secretary and appropriate officials of the foreign country.

Students receiving instruction at the Academy under the exchange

program shall be in addition to persons receiving instruction at

the Academy under section 4344 of this title.

(b) Limitations on Number and Duration of Exchanges. - An

exchange agreement under this section between the Secretary and a

foreign country shall provide for the exchange of students on a

one-for-one basis each fiscal year. Not more than 24 cadets and a

comparable number of students from all foreign military academies

participating in the exchange program may be exchanged during any

fiscal year. The duration of an exchange may not exceed the

equivalent of one academic semester at the Academy.

(c) Costs and Expenses. - (1) A student from a military academy

of a foreign country is not entitled to the pay, allowances, and

emoluments of a cadet by reason of attendance at the Academy under

the exchange program, and the Department of Defense may not incur

any cost of international travel required for transportation of

such a student to and from the sponsoring foreign country.

(2) The Secretary may provide a student from a foreign country

under the exchange program, during the period of the exchange, with

subsistence, transportation within the continental United States,

clothing, health care, and other services to the same extent that

the foreign country provides comparable support and services to the

exchanged cadet in that foreign country.

(3) The Academy shall bear all costs of the exchange program from

funds appropriated for the Academy. Expenditures in support of the

exchange program may not exceed $120,000 during any fiscal year.

(d) Application of Other Laws. - Subsections (c) and (d) of

section 4344 of this title shall apply with respect to a student

enrolled at a military academy of a foreign country while attending

the Academy under the exchange program.

(e) Regulations. - The Secretary shall prescribe regulations to

implement this section. Such regulations may include qualification

criteria and methods of selection for students of foreign military

academies to participate in the exchange program.

-SOURCE-

(Added Pub. L. 105-85, div. A, title V, Sec. 542(a)(1), Nov. 18,

1997, 111 Stat. 1740; amended Pub. L. 106-65, div. A, title V,

Sec. 535(a), Oct. 5, 1999, 113 Stat. 605.)

-MISC1-

PRIOR PROVISIONS

A prior section 4345, act Aug. 10, 1956, ch. 1041, 70A Stat. 242,

related to selection of Filipinos for instruction at the Military

Academy, prior to repeal by Pub. L. 98-94, title X, Sec.

1004(a)(2), (d), Sept. 24, 1983, 97 Stat. 658, 660, effective one

year after Sept. 24, 1983. See section 4344 of this title.

AMENDMENTS

1999 - Subsec. (b). Pub. L. 106-65, Sec. 535(a)(1), substituted

''24 cadets'' for ''10 cadets''.

Subsec. (c)(3). Pub. L. 106-65, Sec. 535(a)(2), substituted

''$120,000'' for ''$50,000''.

-CITE-

10 USC Sec. 4346 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-

Sec. 4346. Cadets: requirements for admission

-STATUTE-

(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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 242; Pub. L. 104-201, div. A,

title V, Sec. 555(b), Sept. 23, 1996, 110 Stat. 2527.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

4346(a) 4346(b) 10:1092b (less June 30, 1950, ch.

4346(c) provisos). 10:1096. 421, Sec. 2 (less

10:1095. 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. R.S.

1320.

-------------------------------

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.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-201 substituted ''twenty-third

birthday'' for ''twenty-second birthday''.

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, Sec. 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) 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, Sec. 1(g), Nov. 9, 1966, 80 Stat. 1519, set out as a note

under section 4344 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4344 of this title.

-CITE-

10 USC Sec. 4347 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-

Sec. 4347. Cadets; nominees: effect of redistricting of States

-STATUTE-

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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 243.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

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.

-CITE-

10 USC Sec. 4348 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-

Sec. 4348. Cadets: agreement to serve as officer

-STATUTE-

(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.

(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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 243; Pub. L. 88-276, Sec. 5(a),

Mar. 3, 1964, 78 Stat. 153; Pub. L. 88-647, title III, Sec. 301(9),

Oct. 13, 1964, 78 Stat. 1072; Pub. L. 98-525, title V, Sec. 541(a),

542(b), Oct. 19, 1984, 98 Stat. 2529; Pub. L. 99-145, title V, Sec.

512(a), Nov. 8, 1985, 99 Stat. 623; Pub. L. 101-189, div. A, title

V, Sec. 511(b), title XVI, Sec. 1622(e)(5), Nov. 29, 1989, 103

Stat. 1439, 1605; Pub. L. 104-106, div. A, title V, Sec. 531(a),

Feb. 10, 1996, 110 Stat. 314.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

4348 10:1092c. June 30, 1950, ch.

421, Sec. 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''.

AMENDMENTS

1996 - Subsec. (a)(2)(B). Pub. L. 104-106 substituted ''five

years'' for ''six years''.

1989 - Subsec. (a)(2)(B). Pub. L. 101-189, Sec. 511(b),

substituted ''six years'' for ''five years''.

Subsec. (d). Pub. L. 101-189, Sec. 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, Sec. 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, Sec. 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''.

1964 - Pub. L. 88-647 designated existing provisions as subsec.

(a) and added subsec. (b).

Subsec. (a)(2). Pub. L. 88-276 substituted ''five'' for

''three''.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 531(e) of Pub. L. 104-106 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.''

EFFECTIVE DATE OF 1989 AMENDMENT

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.

EFFECTIVE DATE OF 1985 AMENDMENT

Section 512(e) of Pub. L. 99-145 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, 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.''

EFFECTIVE DATE OF 1984 AMENDMENT

Section 541(d) of Pub. L. 98-525 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 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

Section 5(c) of Pub. L. 88-276 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

Section 512(d) of Pub. L. 99-145 provided that: ''The Secretary

of each military department shall prescribe the regulations

required by section 4348(c), 6959(c), or 9348(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).''

-CITE-

10 USC Sec. 4349 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-

Sec. 4349. Cadets: organization of Corps; service; instruction

-STATUTE-

(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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 243.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

4349(a) 10:1105 (less last R.S. 1322. R.S.

sentence). 1323.

4349(b) 4349(c) 10:1102. 10:1043. Mar. 30, 1920, ch.

4349(d) 4349(e) 10:1044. 10:1105 112 (1st par., less

(last sentence). provisos, under

''Miscellaneous''),

41 Stat. 548. R.S.

1324.

-------------------------------

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.

-CITE-

10 USC Sec. 4350 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-

Sec. 4350. Cadets: clothing and equipment

-STATUTE-

(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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 244.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

4350(a) 4350(b) 10:1149a. 10:1106. Aug. 31, 1918, ch.

166, Sec. 9 (17th

through 22d words),

40 Stat. 957.

Aug. 22, 1951, ch.

340, Sec. 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.)

-CITE-

10 USC Sec. 4351 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-

Sec. 4351. Cadets: deficiencies in conduct or studies; effect of

failure on successor

-STATUTE-

(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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 244.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

4351(a) 4351(b) 10:1104. 10:1103. Aug. 11, 1916, ch.

4351(c) 10:1092b (1st 314 (3d, 4th, and

proviso). 5th provisos under

''Permanent

Establishment''),

39 Stat. 493.

R.S. 1325.

June 30, 1950, ch.

421, Sec. 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.

-CITE-

10 USC Sec. 4352 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-

Sec. 4352. Cadets: hazing

-STATUTE-

(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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 244.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

4352(a) 4352(b) 10:1163 (1st par.). Mar. 2, 1901, ch.

4352(c) 10:1163 (1st 32 804 (2d proviso

words of last under ''Permanent

par.). 10:1163 Establishment'');

(last par., less restated Apr. 19,

1st 32 words). 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.

-CITE-

10 USC Sec. 4353 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-

Sec. 4353. Cadets: degree and commission on graduation

-STATUTE-

(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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 245; Pub. L. 85-861, Sec.

1(103), Sept. 2, 1958, 72 Stat. 1489; Pub. L. 96-513, title V, Sec.

502(26), Dec. 12, 1980, 94 Stat. 2911.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

4353(a) 4353(b) 10:486a (less last May 25, 1933, ch. 37

sentence). (less last

10:506c(f) (1st sentence); restated

sentence, less last Aug. 9, 1946, ch.

43 words). 932 (less last

sentence); restated

Aug. 4, 1949, ch.

393, Sec. 13;

restated Aug. 18,

1949, ch. 476 (less

last sentence), 63

Stat. 615.

Aug. 7, 1947, ch.

512, Sec. 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.

1958 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

4353(b) 10 App.:506c-4(c) July 20, 1956, ch.

(1st sentence). 646, Sec. 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.

AMENDMENTS

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''.

EFFECTIVE DATE OF 1980 AMENDMENT

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.

DEGREES FOR PERSONS WHO GRADUATED BEFORE ACCREDITING OF MILITARY

ACADEMY

Section 35 of act Aug. 10, 1956, 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.

-CITE-

10 USC Sec. 4354 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-

Sec. 4354. Buildings and grounds: memorial hall; buildings for

religious worship

-STATUTE-

(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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 245.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

4354(a) 4354(b) 10:1125. 10:1126. July 23, 1892, ch.

237, Sec. 6, 27

Stat. 263.

July 8, 1898, ch.

636, 30 Stat. 722.

-------------------------------

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''.

-CITE-

10 USC Sec. 4355 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-

Sec. 4355. Board of Visitors

-STATUTE-

(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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 245; Pub. L. 96-579, Sec.

13(a), Dec. 23, 1980, 94 Stat. 3369; Pub. L. 104-106, div. A,

title X, Sec. 1061(e)(2), title XV, Sec. 1502(a)(12), Feb. 10,

1996, 110 Stat. 443, 503; Pub. L. 106-65, div. A, title X, Sec.

1067(1), Oct. 5, 1999, 113 Stat. 774.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

4355(a) 4355(b) 10:1055. 10:1056 June 29, 1948, ch.

(1st sentence). 714, Sec. 1-6, 62

10:1056 (less 1st Stat. 1094; June

sentence). 30, 1954, ch. 432,

Sec. 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.

AMENDMENTS

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, Sec. 1502(a)(12),

substituted ''National Security'' for ''Armed Services''.

Subsec. (h). Pub. L. 104-106, Sec. 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.

-CITE-

10 USC Sec. 4356 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-

Sec. 4356. Use of certain gifts

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 97-295, Sec. 1(41)(A), Oct. 12, 1982, 96 Stat.

1297.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

4356 10:4334 (note). Sept. 8, 1982, Pub.

L. 97-252, Sec.

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, Sec. 1133, Sept. 8, 1982, 96 Stat. 761,

provided that:

''(a) (Repealed and reenacted as section 4356 of this title by

Pub. L. 97-295, Sec. 1(41)(A), 6(b), Oct. 12, 1982, 96 Stat. 1297,

1315.)

''(b) This section (section 4356 of this title) 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) (section 4356 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.''

-CITE-

10 USC Sec. 4357 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-

Sec. 4357. Acceptance of guarantees with gifts for major projects

-STATUTE-

(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.

(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.

-SOURCE-

(Added Pub. L. 106-65, div. B, title XXVIII, Sec. 2871(a)(1), Oct.

5, 1999, 113 Stat. 871; amended Pub. L. 106-398, Sec. 1 ((div. A),

title X, Sec. 1087(a)(17)), Oct. 30, 2000, 114 Stat. 1654,

1654A-291.)

-MISC1-

PRIOR PROVISIONS

A prior section 4357, added Pub. L. 103-337, div. A, title V,

Sec. 556(a)(1), Oct. 5, 1994, 108 Stat. 2774, related to position

of athletic director of Academy and to administration of

nonappropriated fund account for athletics program of Academy,

prior to repeal by Pub. L. 104-106, div. A, title V, Sec.

533(a)(1), Feb. 10, 1996, 110 Stat. 315.

AMENDMENTS

2000 - Subsec. (e)(5). Pub. L. 106-398 inserted a closing

parenthesis after ''80b-2)''.

-CITE-

10 USC Sec. 4358 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART III - TRAINING

CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-

Sec. 4358. Grants for faculty research for scientific, literary,

and educational purposes: acceptance; authorized grantees

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 105-261, div. A, title X, Sec. 1063(a)(1), Oct. 17,

1998, 112 Stat. 2130.)

-CITE-