US (United States) Code. Title 10. Subtitle D. Part III. Chapter 903: US (United States) Air Force Academy

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-CITE-

10 USC CHAPTER 903 - UNITED STATES AIR FORCE ACADEMY 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 903 - UNITED STATES AIR FORCE ACADEMY

.

-HEAD-

CHAPTER 903 - UNITED STATES AIR FORCE ACADEMY

-MISC1-

Sec.

9331. Establishment; Superintendent; faculty.

9332. Departments and professors: titles.

9333. Superintendent; faculty: appointment and detail.

9333a. Superintendent: condition for detail to position.

9334. Command and supervision.

9335. Dean of the Faculty.

9336. Permanent professors; director of admissions.

9337. Chaplain.

9338. Civilian faculty: number; compensation.

9341. Faculty and other officers: leaves of absence.

9341a. Cadets: appointment by the President.

9342. Cadets: appointment; numbers, territorial distribution.

9343. Cadets: appointment; to bring to full strength.

9344. Selection of persons from foreign countries.

9345. Exchange program with foreign military academies.

9346. Cadets: requirements for admission.

9347. Cadets; nominees: effect of redistricting of States.

9348. Cadets: agreement to serve as officer.

9349. Cadets: organization; service; instruction.

9350. Cadets: clothing and equipment.

9351. Cadets: deficiencies in conduct or studies; effect of failure

on successor.

9352. Cadets: hazing.

9353. Cadets: degree and commission on graduation.

9354. Buildings and grounds: buildings for religious worship.

9355. Board of Visitors.

9356. Acceptance of guarantees with gifts for major projects.

9357. 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)(F), div.

B, title XXVIII, Sec. 2871(c)(2), Oct. 5, 1999, 113 Stat. 604, 877,

added items 9333a and 9356.

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

17, 1998, 112 Stat. 2132, added item 9357.

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

1997, 111 Stat. 1743, added item 9345.

1996 - Pub. L. 104-106, div. A, title V, Sec. 533(c)(2), Feb.

10, 1996, 110 Stat. 315, struck out item 9356 ''Athletics program:

athletic director; nonappropriated fund account''.

1994 - Pub. L. 103-337, div. A, title V, Sec. 556(c)(2), Oct. 5,

1994, 108 Stat. 2775, added item 9356.

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

30, 1993, 107 Stat. 1658, added item 9338.

1989 - Pub. L. 101-189, div. A, title V, Sec. 515(b)(2), Nov.

29, 1989, 103 Stat. 1441, substituted ''director of admissions''

for ''registrar'' in item 9336.

1983 - Pub. L. 98-94, title X, Sec. 1004(c)(3), Sept. 24, 1983,

97 Stat. 660, substituted ''Selection of persons from foreign

countries'' for ''Selection of persons from Canada and American

Republics'' in item 9344, and struck out item 9345 ''Selection of

Filipinos''.

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

95 Stat. 1006, added item 9341a.

1958 - Pub. L. 85-600, Sec. 1(23), Aug. 6, 1958, 72 Stat. 524,

inserted ''; registrar'' in item 9336.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 37 section 209.

-CITE-

10 USC Sec. 9331 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 903 - UNITED STATES AIR FORCE ACADEMY

-HEAD-

Sec. 9331. Establishment; Superintendent; faculty

-STATUTE-

(a) There is in the Department of the Air Force an Air Force

Academy (hereinafter in this chapter referred to as the

''Academy'') for the instruction and preparation for military

service of selected persons called ''Air Force cadets''. The

organization of the Academy shall be prescribed by the Secretary of

the Air Force.

(b) There shall be at the Academy the following:

(1) A Superintendent.

(2) A dean of the Faculty, who is a permanent professor.

(3) A Commandant of Cadets.

(4) 21 permanent professors.

(5) A chaplain.

(6) A director of admissions.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 561; Pub. L. 85-600, Sec.

1(19), Aug. 6, 1958, 72 Stat. 523; Pub. L. 96-513, title V, Sec.

514(10), Dec. 12, 1980, 94 Stat. 2935; Pub. L. 101-189, div. A,

title V, Sec. 515(a)(1), Nov. 29, 1989, 103 Stat. 1441; Pub. L.

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

2410; Pub. L. 103-160, div. A, title V, Sec. 533(b)(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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9331(a) 9331(b) 10:1851. 10:1854. R.S. 1309; Feb. 18,

10:1061. 1896, ch. 22 (less

proviso), 29 Stat.

8.

10:1087. 10:1089 June 26, 1946, ch.

(1st 20 words). 495, Sec. 1, 3 (1st

20 words), 60 Stat.

312.

Apr. 1, 1954, ch.

127, Sec. 2, 5, 68

Stat. 47, 48.

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

In subsection (b), reference to the senior instructors of

artillery, cavalry, and infantry, and the master of the sword, in

10:1061, are omitted as obsolete. The names of the other

departments are omitted as inapplicable to the Air Force. The

departmental names will be established under section 9332 of this

title. The words ''and one assistant professor'', in 10:1061, are

omitted as superseded by section 9333 of this title. 10:1061 (words

before colon) is omitted as inapplicable to the Air Force. 10:1854

(less last sentence) is omitted as executed by the inclusion in

this chapter of the laws applicable to the Air Force Academy.

10:1087 (proviso) is omitted as inapplicable to the Air Force.

Subsection (b)(3) is based on those laws establishing the various

departments at the United States Military Academy (see revision

note for section 4331 of this title).

AMENDMENTS

1993 - Subsec. (c). Pub. L. 103-160 struck out subsec. (c) which

read as follows:

''(1) The Secretary of the Air Force 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 Air Force 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).

1989 - Subsec. (b)(6). Pub. L. 101-189 substituted ''director of

admissions'' for ''registrar''.

1980 - Subsec. (a). Pub. L. 96-513 substituted ''(hereinafter in

this chapter referred to as the 'Academy')'' for '', in this

chapter called the 'Academy',''.

1958 - Subsec. (b)(6). Pub. L. 85-600 added par. (6).

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.

APPROPRIATIONS FOR THE AIR FORCE ACADEMY AFTER AUGUST 1, 1964;

REQUIREMENT OF AUTHORIZATION IN SUBSEQUENT LEGISLATION;

APPROPRIATIONS FOR ADVANCE PLANNING AND MINOR CONSTRUCTION

Pub. L. 88-390, title VI, Sec. 608, Aug. 1, 1964, 78 Stat. 364,

provided that: ''Notwithstanding the provisions of section 9 of the

Act of April 1, 1954 (Public Law 325) as amended (set out below),

no funds may be appropriated after the date of enactment of this

Act (Aug. 1, 1964) for construction at the Air Force Academy unless

appropriation of such funds has been authorized in this Act

(Military Construction Authorization Act, 1965) or any Act enacted

after the date of enactment of this Act: Provided, That funds are

authorized to be appropriated to accomplish advance planning and

minor construction at the Air Force Academy in the same manner as

for other projects under the Act of September 28, 1951, as amended

(31 U.S.C. 723) (10 U.S.C. 2661a(a)), and title 10, United States

Code, section 2674, as amended.''

APPROPRIATIONS FOR AIR FORCE ACADEMY

Act Apr. 1, 1954, ch. 127, 68 Stat. 47, which established the Air

Force Academy, provided by section 9 of such act, as amended by act

Aug. 3, 1956, ch. 939, title IV, Sec. 413(b), 70 Stat. 1018, and by

Pub. L. 85-241, title V, Sec. 508, Aug. 30, 1957, 71 Stat. 559;

Pub. L. 85-685, title III, Sec. 309, Aug. 20, 1958, 72 Stat. 659;

Pub. L. 87-57, title III, Sec. 304, June 27, 1961, 75 Stat. 108;

Pub. L. 90-408, title III, Sec. 304, July 21, 1968, 82 Stat. 385,

that there was authorized to be appropriated not to exceed the sum

of $141,978,000 to carry out the provisions of that Act, of which

not to exceed $26,000,000 was to be the amount so appropriated for

any such period, not to exceed $1,858,000 might be utilized for the

purpose of section 4 of this Act (set out below).

TEMPORARY BUILDINGS AND FACILITIES

Section 4 of act Apr. 1, 1954, ch. 127, 68 Stat. 47, provided

that for the purpose of providing temporary facilities and enabling

early operation of the Academy, the Secretary of the Air Force was

authorized to provide for the erection of the minimum additional

number of temporary buildings and the modification of existing

structures and facilities at an existing Air Force base and to

provide for the proper functioning, equipping, maintaining, and

repairing thereof; and to contract with civilian institutions for

such operation or instruction as he deemed necessary.

-CITE-

10 USC Sec. 9332 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 903 - UNITED STATES AIR FORCE ACADEMY

-HEAD-

Sec. 9332. Departments and professors: titles

-STATUTE-

The Secretary of the Air Force 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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 562.)

-MISC1-

Historical and Revision Notes

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

Large)

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9332 10:1061a. Dec. 14, 1942, ch.

729, 56 Stat. 1049.

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

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. 9333 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 903 - UNITED STATES AIR FORCE ACADEMY

-HEAD-

Sec. 9333. 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

the officers of the Air Force.

(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 Air Force.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 562; Pub. L. 85-600, Sec.

1(20), Aug. 6, 1958, 72 Stat. 523; Pub. L. 101-189, div. A, title

V, Sec. 515(a)(2), Nov. 29, 1989, 103 Stat. 1441.)

-MISC1-

Historical and Revision Notes

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

Large)

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9333(a) 10:1062. R.S. 1313.

9333(b) 10:1063. R.S. 1314 (words

before semicolon).

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

In subsection (a), the word ''detailed'' is substituted for the

word ''selected'', since historically the offices of superintendent

and commandant of cadets have been filled by detail. The words

''the officers of the Air Force'' are substituted for the words

''any arm of the service'', since the Air Force does not have

statutory arms or corps. 10:1063 (1st sentence and 1st 26 words of

last sentence) is omitted as covered by section 8012 of this title.

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 9349(b) of this

title.

AMENDMENTS

1989 - Subsec. (c). Pub. L. 101-189 substituted ''director of

admissions'' for ''registrar''.

1958 - Subsec. (c). Pub. L. 85-600 added subsec. (c).

-CITE-

10 USC Sec. 9333a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 903 - UNITED STATES AIR FORCE ACADEMY

-HEAD-

Sec. 9333a. 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)(3)(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. 9334 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 903 - UNITED STATES AIR FORCE ACADEMY

-HEAD-

Sec. 9334. Command and supervision

-STATUTE-

(a) The immediate government of the Academy is under the

Superintendent, who is also the commanding officer of the Academy

and of the military post.

(b) 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. 562; Pub. L. 85-600, Sec.

1(21), Aug. 6, 1958, 72 Stat. 524; Pub. L. 101-189, div. A, title

V, Sec. 515(a)(3), Nov. 29, 1989, 103 Stat. 1441.)

-MISC1-

Historical and Revision Notes

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

Large)

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

9334(a) 10:1042. R.S. 1311.

9334(b) 10:1079. June 28, 1902, ch.

1300 (1st proviso

under ''Permanent

Establishment''),

32 Stat. 409.

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

In subsection (a), the words ''and, in his absence, the next in

rank'' are omitted as surplusage.

In subsection (b), reference to assimilated rank is omitted as

superseded by section 9336 of this title. The words ''and the

associate professor'' are omitted as obsolete.

AMENDMENTS

1989 - Subsec. (b). Pub. L. 101-189 substituted ''director of

admissions'' for ''registrar''.

1958 - Subsec. (b). Pub. L. 85-600 inserted reference to

registrar.

-CITE-

10 USC Sec. 9335 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 903 - UNITED STATES AIR FORCE ACADEMY

-HEAD-

Sec. 9335. Dean of the Faculty

-STATUTE-

(a) The Dean of the Faculty 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) While serving as Dean of the Faculty, an officer of the Air

Force 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 Air Force on active duty.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 562; 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(c), Nov. 14, 1986, 100 Stat. 3867; Pub. L.

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

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

113 Stat. 605.)

-MISC1-

Historical and Revision Notes

1956 Act

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

Large)

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9335(a) 9335(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. So much of 10:1089 as relates to the duties of the

Dean of the Faculty is omitted as covered by section 8012(e) of

this title.

1958 ACT

The word ''regular'' is deleted (in sections 9335 and 9336) to

make clear that a Dean or professor of the United States Air Force

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 - Pub. L. 106-65 designated existing provisions as subsec.

(a) and added subsec. (b).

1992 - Pub. L. 102-484 designated subsec. (a) as entire section

and struck out subsec. (b) which read as follows: ''The Dean has

the grade of brigadier general while serving in such position, with

the benefits authorized for regular brigadier generals of the Air

Force, 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 amended subsec. (b) generally,

substituting ''while serving in such position'' for ''while serving

as such'' and ''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'' for ''except that his retirement

age''.

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. 9336 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 903 - UNITED STATES AIR FORCE ACADEMY

-HEAD-

Sec. 9336. Permanent professors; director of admissions

-STATUTE-

(a) A permanent professor of the Academy, other than the Dean of

the Faculty, 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 Air Force 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 Air Force

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. 562; Pub. L. 85-600, Sec.

1(22), Aug. 6, 1958, 72 Stat. 524; Pub. L. 85-861, Sec.

33(a)(46)(B), Sept. 2, 1958, 72 Stat. 1567; Pub. L. 96-513, title

II, Sec. 218(b), title V, Sec. 504(24), Dec. 12, 1980, 94 Stat.

2886, 2917; Pub. L. 98-525, title V, Sec. 533(d)(2), Oct. 19, 1984,

98 Stat. 2528; Pub. L. 101-189, div. A, title V, Sec. 515(a)(4),

(b)(1), Nov. 29, 1989, 103 Stat. 1441.)

-MISC1-

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1956 Act

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

Large)

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

9336 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 9335 and 9336) to

make clear that a Dean or professor of the United States Air Force

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

1989 - Pub. L. 101-189, Sec. 515(b), substituted ''director of

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

Subsec. (b). Pub. L. 101-189, Sec. 515(a)(4), substituted

''director of admissions'' for ''registrar'' in three places.

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. 504(24),

substituted ''after the date when a regular officer, junior to him

on the promotion list or active-duty list on which his name was

carried'' for ''after the date when a promotion-list officer,

junior to him on the promotion list on which his name was

carried''.

Subsec. (c). Pub. L. 96-513, Sec. 218(b), struck out subsec. (c)

which provided that, unless he is serving in a higher grade, an

officer detailed to perform the duties of registrar 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.

1958 - Pub. L. 85-600, Sec. 1(22)(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, Sec. 1(22)(A), designated existing provisions as

subsec. (a).

Subsecs. (b), (c). Pub. L. 85-600, Sec. 1(22)(B), added subsecs.

(b) and (c).

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by section 218(b) 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, see section

701 of Pub. L. 96-513.

Amendment by section 504(24) 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 August 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 AUGUST 6, 1958

Prohibition against accrual of increase in pay or allowances for

service performed prior to Aug. 6, 1958, see note set out under

section 4336 of this title.

-CITE-

10 USC Sec. 9337 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 903 - UNITED STATES AIR FORCE ACADEMY

-HEAD-

Sec. 9337. 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 the same allowances for public quarters

as are allowed to a captain, and to fuel and light for quarters in

kind. The chaplain may be reappointed.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 562; Pub. L. 87-651, title I,

Sec. 117, Sept. 7, 1962, 76 Stat. 513.)

-MISC1-

Historical and Revision Notes

1956 Act

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

Large)

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

9337 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 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

1962 - Pub. L. 87-651 struck out provisions which prescribed

salary of chaplain upon appointment and reappointment.

-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. 9338 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 903 - UNITED STATES AIR FORCE ACADEMY

-HEAD-

Sec. 9338. Civilian faculty: number; compensation

-STATUTE-

(a) The Secretary of the Air Force 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 Air Force 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(b)(1), Nov. 30,

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

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

-MISC1-

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. 9341 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 903 - UNITED STATES AIR FORCE ACADEMY

-HEAD-

Sec. 9341. 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. 563.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

9341 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. 9341a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 903 - UNITED STATES AIR FORCE ACADEMY

-HEAD-

Sec. 9341a. 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(c)(2)(A), Oct. 14, 1981,

95 Stat. 1006.)

-MISC1-

EFFECTIVE DATE

Section 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 a note under section

4341a of this title.

-CITE-

10 USC Sec. 9342 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 903 - UNITED STATES AIR FORCE ACADEMY

-HEAD-

Sec. 9342. Cadets: appointment; numbers, territorial distribution

-STATUTE-

(a) The authorized strength of Air Force 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 Air Force under subsection (j). Subject to

that limitation, Air Force Cadets are selected as follows:

(1) 65 cadets selected in order of merit as established by

competitive examination 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 Air Force.

(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 Air Force from

enlisted members of the Regular Air Force.

(3) 85 nominated by the Secretary of the Air Force from

enlisted members of reserve components of the Air Force.

(4) 20 nominated by the Secretary of the Air Force, 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 Air Force Reserve Officers'

Training Corps.

(5) 150 selected by the Secretary of the Air Force in order of

merit (prescribed pursuant to section 9343 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 Air Force Cadets to exceed the authorized number.

(e) If the annual quota of cadets under subsection (b)(1), (2),

or (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 Air Force 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 Air Force 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 Air Force Cadets, the

Secretary of the Air Force 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 Air Force 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 sections 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 Air Force

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 Air Force 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 Air Force Cadets of the Academy.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 563; Pub. L. 87-663, Sec. 1(5),

(6), Sept. 14, 1962, 76 Stat. 547; Pub. L. 88-276, Sec. 4(1), Mar.

3, 1964, 78 Stat. 151; Pub. L. 89-650, Sec. 1(1)-(3), (5), 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(3), Aug. 7, 1972, 86 Stat. 505; Pub. L. 93-171,

Sec. 3(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. 514(11), Dec. 12, 1980, 94 Stat. 2935; Pub. L.

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

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

98-94, title X, Sec. 1005(a)(3), (b)(3), Sept. 24, 1983, 97 Stat.

660, 661; 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(c)(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. 1674(c)(3), Oct. 5, 1994, 108

Stat. 3017; Pub. L. 104-106, div. A, title V, Sec. 532(c), title

XV, Sec. 1502(a)(1), Feb. 10, 1996, 110 Stat. 315, 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)(3), title

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

Sec. 1 ((div. A), title V, Sec. 531(c)), Oct. 30, 2000, 114 Stat.

1654, 1654A-110; Pub. L. 107-314, div. A, title V, Sec. 532(c),

Dec. 2, 2002, 116 Stat. 2546.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

9342(a) 10:1092a (1st par., R.S. 1317. June 30,

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

through (e)). 1, 2 (last

10:1092a (clauses 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).

9342(b) 10:1092a (last

par.).

10:1098.

9342(c) 10:1092a (14th

through 52d words

after 4th semicolon

of clause (a)).

10:1092b (last

proviso).

9342(d) 10:1092a (last 32

words of clause

(a)).

9342(e) 10:1092a (clause

(b), less 1st 13

words, and less 1st

proviso).

9342(f) 10:1092a (1st

proviso of clause

(b)).

9342(g) 10:1092a (clause

(c), less 1st 26

words).

9342(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 and 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(c)(1), inserted

before period at end of first sentence ''or such higher number as

may be prescribed by the Secretary of the Air Force under

subsection (j)''.

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

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

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

1999 - Subsec. (a). Pub. L. 106-65, Sec. 531(b)(3)(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, Air Force 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)(3)(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(c), 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(c)(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(c)(1)(B), substituted

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

Subsec. (f). Pub. L. 101-510, Sec. 532(c)(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)(3),

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)(3), substituted

''One cadet from American Samoa, nominated by the Delegate in

Congress from American Samoa'' for ''One cadet from American Samoa

nominated by the Secretary of the Air Force upon recommendation of

the Governor of American 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 cadets were admitted. See

section 9341a 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 the 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. 3(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 that

Territory''.

Subsec. (a)(9). Pub. L. 93-171, Sec. 3(2), struck out reference

to American Samoa and Virgin Islands.

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

Subsec. (f). Pub. L. 93-171, Sec. 3(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 number of Air

Force Cadets from 40 to 65 and added sons of members who are in

missing status and sons of civilian employees who are in missing

status as eligible for 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 Air Force 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 Air Force Academy by President pro tempore of Senate

if there is no Vice President.

Subsec. (b)(1). Pub. L. 89-650, Sec. 1(3), increased number of

Presidential appointments to Air Force 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(5), substituted ''reserve

components of the Air Force'' for ''the Air Force 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 Air Force to appoint 85 cadets annually from

enlisted members of the Regular Air Force, instead of a cumulative

total of 90, 85 annually from enlisted members of the Air Force

Reserve, instead of a cumulative total of 90, 20 annually from

honor graduates of designated honor schools and the A.F.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 subsec. (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(5), added cl.

(10).

Subsec. (c). Pub. L. 87-663, Sec. 1(6), inserted references to

American Samoa, Guam, and the Virgin Islands, and substituted

''Clauses (1)-(5) and (10)'' for ''clauses (1)-(5)''.

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

Amendment by Pub. L. 96-600 effective beginning with nominations

for appointment to the service academies for academic years

beginning more than one year after Dec. 24, 1980, see section 2(d)

of Pub. L. 96-600, set out as a note under section 4342 of this

title.

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

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

this title.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-171 effective beginning with the

nominations for appointment to the service academies in the

calendar year 1974, see section 4 of Pub. L. 93-171, set out as a

note under section 4342 of this title.

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; INTERIM SYSTEM FOR APPOINTMENT OF CADETS

Section 52(b) of act Aug. 10, 1956, as amended by Pub. L. 85-182,

Aug. 28, 1957, 71 Stat. 463, provided that section 9342(a) of Title

10, Armed Forces would take effect four years after the entrance of

the initial class at the United States Air Force Academy. However,

for the four-year period beginning with the class of cadets

entering in July 1959, not more than one quarter of the number of

cadets authorized by clause (1), (2), (3), (4), (7), or (8) of that

section could be appointed in any one academic year; two of the

number of cadets authorized by clause (5) of that section could be

appointed in the first and third years of that four-year period,

and not more than one of the number authorized by it could be

appointed in the second and fourth years of that period; and one

cadet authorized by clause (6) of that section could be appointed

in the first two years of that four-year period, and not more than

one of the number authorized by it could be appointed in the second

two years of that period. In addition, during that four-year

period, the nominating authority named in clauses (1) to (6) of

that section could select for each cadet allocated to him for the

year concerned a principal candidate and not more than ten

alternate candidates, or he could nominate as many candidates as

the Secretary prescribed and authorize the Secretary to select the

principal candidates in order of merit as determined by competitive

examination. In carrying out section 9343 of Title 10, during that

four-year period, only qualified alternates who were nominated by

the authorities named in clauses (1) to (4) of section 9342(a)

could be nominated for appointment as cadets. Not more than one

qualified alternate nominated by any one authority named in those

classes could be appointed as a cadet, after nomination under

section 9343, during each year of that four-year period.

LIMITATION ON NUMBER OF CADETS AND MIDSHIPMEN AUTHORIZED TO ATTEND

SERVICE ACADEMIES

Authorized strength of service academies not to exceed 4,000 per

academy for class years beginning after 1994, and any reduction in

number of appointments not to be achieved by reduction in number of

appointments under subsec. (a) of this section, see section 511 of

Pub. L. 102-190, set out as a note under section 4342 of this

title.

ELIGIBILITY OF FEMALE INDIVIDUALS FOR APPOINTMENT AND ADMISSION TO

SERVICE ACADEMIES; UNIFORM APPLICATION OF ACADEMIC AND OTHER

STANDARDS TO MALE AND FEMALE INDIVIDUALS

Secretary required to take such action as may be necessary and

appropriate to insure that (1) female individuals shall be eligible

for appointment and admission to the United States Air Force

Academy, 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, see

section 803(a) of Pub. L. 94-106, set out as a note under section

4342 of this title.

SECRETARY TO IMPLEMENT POLICY OF EXPEDITIOUS ADMISSION OF WOMEN TO

THE ACADEMY

Secretary to continue to exercise the authority granted under

this chapter and chapters 403 and 603 of this title, but such

authority to be exercised within a program providing for the

orderly and expeditious admission of women to the Academy,

consistent with the needs of the services, see section 803(c) of

Pub. L. 94-106, set out as a note under section 4342 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9343, 9344 of this title.

-CITE-

10 USC Sec. 9343 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 903 - UNITED STATES AIR FORCE ACADEMY

-HEAD-

Sec. 9343. Cadets: appointment; to bring 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 Air Force 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 Academy 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 9342(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. 564; Pub. L. 88-276, Sec. 4(2),

Mar. 3, 1964, 78 Stat. 153; Pub. L. 89-718, Sec. 46, Nov. 2, 1966,

80 Stat. 1121; Pub. L. 93-171, Sec. 3(5), Nov. 29, 1973, 87 Stat.

691; Pub. L. 101-510, div. A, title V, Sec. 532(a)(2), (c)(2),

Nov. 5, 1990, 104 Stat. 1563, 1564.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

9343 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 9342(a), and clause (2) of section

9342(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

1990 - Pub. L. 101-510, Sec. 532(a)(2), (c)(2), amended section

identically, substituting ''clauses (2) through (8)'' for ''clauses

(2)-(9)''.

1973 - Pub. L. 93-171 substituted ''clauses (2)-(9) of section

9342(a)'' for ''clauses (2)-(8) of section 9342(a)''.

1966 - Pub. L. 89-718 substituted ''Academy Board'' for

''Faculty''.

1964 - Pub. L. 88-276, among other changes, increased percentage

of nominees to be selected from two-thirds to three-fourths, and

struck out ''as are necessary to meet the needs of the Air Force,

but not more than the authorized strength of Air Force cadets''

after ''the Faculty''.

EFFECTIVE DATE OF 1973 AMENDMENT

For 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

Nonreduction of number of appointees from congressional sources

under this section because of additional Presidential appointments

under section 9342(b) (1) of this title, see section 2 of Pub. L.

89-650, set out as a note under section 4343 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9342 of this title.

-CITE-

10 USC Sec. 9344 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 903 - UNITED STATES AIR FORCE ACADEMY

-HEAD-

Sec. 9344. Selection of persons from foreign countries

-STATUTE-

(a)(1) The Secretary of the Air Force 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 Air Force Cadets of the Academy

under section 9342 of this title.

(2) The Secretary of the Air Force, 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 Air Force 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 Air Force 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 Air Force 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 Air Force 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 9346(d) of this title.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 564; Pub. L. 98-94, title X,

Sec. 1004(c)(1), Sept. 24, 1983, 97 Stat. 659; Pub. L. 105-85,

div. A, title V, Sec. 543(c), Nov. 18, 1997, 111 Stat. 1744; Pub.

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

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

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

title V, Sec. 533(c)(1), (2), Dec. 28, 2001, 115 Stat. 1106.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

9344(a) 9344(b) 10:1093c (less 3d June 26, 1946, ch.

9344(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).

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

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

omitted as inapplicable to the Air Force.

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; 10:1093c (proviso of last sentence) is

omitted, since 10:1099 is inapplicable to the Air Force and 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(c)(1),

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

Subsec. (b)(2). Pub. L. 107-107, Sec. 533(c)(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(c)(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 Air Force 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(c)(1),

substituted '', 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.'' for period at end.

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

1983 - Pub. L. 98-94 substituted ''foreign countries'' for

''Canada and American Republics'' in section catchline.

Subsec. (a). Pub. L. 98-94 amended subsec. (a) generally,

substituting ''The Secretary of the Air Force may permit not more

than 40 persons at any one time from foreign countries to receive

instruction at the Academy'' and ''Such persons shall be in

addition to the authorized strength of the Air Force Cadets of the

Academy under section 9342 of this title'' for ''Upon designation

by the President, the Secretary of the Air Force 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'' and ''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 first two sentences of

subsec. (a) and designating those sentences as par. (1), and adding

par. (2).

Subsec. (b). Pub. L. 98-94 amended subsec. (b) generally,

designating existing provisions as par. (1), striking out

provisions that had directed that the mileage allowance payable to

persons for travel to the Academy for initial admission was not

limited to mileage for travel within the United States, and adding

par. (2).

Subsec. (c). Pub. L. 98-94 amended subsec. (c) generally,

designating first sentence of subsec. (c) as par. (1), inserting

provisions authorizing the Secretary to 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, and designating the second sentence of subsec. (c) as par.

(2).

Subsec. (d). Pub. L. 98-94, in amending section generally, added

subsec. (d).

EFFECTIVE DATE OF 2001 AMENDMENT

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

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

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

person who entered the United States Air Force Academy to receive

instruction under section 9344 of title 10, United States Code,

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

Amendment by Pub. L. 107-107 inapplicable with respect to any

academic year that began before Dec. 28, 2001, see section 533(d)

of Pub. L. 107-107, set out as a note under section 4344 of this

title.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-398 applicable with respect to academic

years that begin after Oct. 1, 2000, see section 1 ((div. A), title

V, Sec. 532(d)) of Pub. L. 106-398, set out as a note under section

4344 of this title.

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-65 applicable with respect to students

from a foreign country entering the United States Military Academy,

Naval Academy, or Air Force Academy on or after May 1, 1999, see

section 534(d) of Pub. L. 106-65, set out as a note under section

4344 of this title.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-85 applicable with respect to students

from foreign country entering United States Military Academy,

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

or after May 1, 1998, see section 543(d) of Pub. L. 105-85, set out

as a note under section 4344 of this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-94 effective one year after Sept. 24,

1983, and applicable to persons entering the Academy after such

date, with subsec. (b)(2) of this section, as amended, not to apply

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

date, entered the Academy, see section 1004(d) of Pub. L. 98-94,

set out as a note under section 4344 of this title.

PERSONS FROM COUNTRIES ASSISTING U.S. IN VIETNAM; AIR FORCE ACADEMY

INSTRUCTION; BENEFITS, LIMITATIONS, RESTRICTIONS, AND REGULATIONS;

OATH OF TRAINEES

Air Force Academy instruction of persons from countries assisting

U.S. in Vietnam, numerical limitation, prohibition against

appointment of graduates to the Armed Forces, exemption from oath,

etc., see Pub. L. 89-802, Nov. 9, 1966, 80 Stat. 1518, 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 9345 of this title; title

20 section 221a.

-CITE-

10 USC Sec. 9345 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 903 - UNITED STATES AIR FORCE ACADEMY

-HEAD-

Sec. 9345. Exchange program with foreign military academies

-STATUTE-

(a) Exchange Program Authorized. - The Secretary of the Air Force

may permit a student enrolled at a military academy of a foreign

country to receive instruction at the Air Force Academy in exchange

for an Air Force 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 9344 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 Air Force

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 Air Force

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 an Air Force cadet by reason of attendance at the Air

Force 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 Air Force cadet in that foreign country.

(3) The Air Force 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 9344 of this title shall apply with respect to a student

enrolled at a military academy of a foreign country while attending

the Air Force 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(c)(1), Nov. 18,

1997, 111 Stat. 1742; amended Pub. L. 106-65, div. A, title V,

Sec. 535(c), Oct. 5, 1999, 113 Stat. 606.)

-MISC1-

PRIOR PROVISIONS

A prior section 9345, act Aug. 10, 1956, ch. 1041, 70A Stat. 565,

related to selection of Filipinos for instruction at the Air Force

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

1004(c)(2), (d), Sept. 24, 1983, 97 Stat. 660, effective one year

after Sept. 24, 1983.

AMENDMENTS

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

''24 Air Force cadets'' for ''10 Air Force cadets''.

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

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

-CITE-

10 USC Sec. 9346 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 903 - UNITED STATES AIR FORCE ACADEMY

-HEAD-

Sec. 9346. 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 Air Force, 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 an oath prescribed by the Secretary of the Air Force.

If a candidate for admission refuses to take and subscribe to the

prescribed oath, his appointment is terminated.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 565; Pub. L. 89-718, Sec. 47,

Nov. 2, 1966, 80 Stat. 1121; Pub. L. 104-201, div. A, title V,

Sec. 555(d), Sept. 23, 1996, 110 Stat. 2527.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

9346(a) 9346(b) 10:1092b (less June 30, 1950, ch.

9346(c) provisos). 10:1096. 421, Sec. 2 (less

10:1095. provisos), 64 Stat.

304.

R.S. 1319; restated

Mar. 2, 1901, ch.

804 (1st proviso

under ''Permanent

Establishment''),

31 Stat. 911.

Aug. 9, 1912, ch.

275 (2d proviso

under ''Permanent

Establishment''),

37 Stat. 252.

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

In subsection (a), the words ''Effective January 1, 1951'' are

omitted as executed. The word ''Calendar'' is omitted as

surplusage. The words ''must not have passed his twenty-second

birthday'' are substituted for the words ''not more than twenty-two

years of age'', to make it clear that a person whose twenty-second

birthday falls on July 1 of the year of admission is eligible (see

opinion of the Judge Advocate General of the Army (JAGA 1952/7083,

2 Sept. 1952)).

In subsection (b), the words ''is qualified in'' are substituted

for the words ''to be well versed in''. The words ''To be'' are

substituted for the words ''before they shall be''. The words ''an

appointee 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''.

AMENDMENTS

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

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

1966 - Subsec. (d). Pub. L. 89-718 added subsec. (d).

AUTHORITY TO WAIVE MAXIMUM AGE LIMITATION ON ADMISSION TO SERVICE

ACADEMIES FOR CERTAIN ENLISTED MEMBERS WHO SERVED DURING PERSIAN

GULF WAR

For authority to waive maximum age limitation in subsec. (a) of

this section on basis of service on active duty in connection with

Operation Desert Storm, see section 514 of Pub. L. 102-190, set out

as a note under section 4346 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9344 of this title.

-CITE-

10 USC Sec. 9347 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 903 - UNITED STATES AIR FORCE ACADEMY

-HEAD-

Sec. 9347. 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. 565.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

9347 10:1091-1. July 7, 1943, ch.

193, 57 Stat. 383.

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

The word ''domicile'' is substituted for the words ''place of

residence'' and ''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 ''but 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. 9348 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 903 - UNITED STATES AIR FORCE ACADEMY

-HEAD-

Sec. 9348. 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 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 in the Air Force for service in 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 Air Force may transfer to the Air

Force 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 Air Force 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 Air Force 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. 565; Pub. L. 88-276, Sec. 5(a),

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

301(25), Oct. 13, 1964, 78 Stat. 1073; Pub. L. 98-525, title V,

Sec. 541(c), 542(d), Oct. 19, 1984, 98 Stat. 2529; Pub. L. 99-145,

title V, Sec. 512(c), Nov. 8, 1985, 99 Stat. 625; Pub. L. 101-189,

div. A, title V, Sec. 511(d), title XVI, Sec. 1622(e)(5), Nov. 29,

1989, 103 Stat. 1439, 1605; Pub. L. 104-106, div. A, title V, Sec.

531(c), Feb. 10, 1996, 110 Stat. 314.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

9348 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 32 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(d),

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 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 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 Air 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 Air Force to the Air

Force 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(c), 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. 542(d), 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

Amendment by Pub. L. 104-106 applicable to persons first admitted

to United States Military Academy, United States Naval Academy, and

United States Air Force Academy after Dec. 31, 1991, see section

531(e) of Pub. L. 104-106, set out as a note under section 4348 of

this title.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by section 511(d) 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

Amendment by Pub. L. 99-145 (other than with respect to the

authority of the Secretary of the Air Force to prescribe

regulations) effective on the date on which regulations prescribed

by the Secretary take effect and applicable to agreements entered

into under this section on or after the effective date of such

regulations and also with respect to each such agreement that was

entered into before the effective date of such regulations by an

individual who is a cadet on such date, see section 512(e) of Pub.

L. 99-145, set out as a note under section 4348 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 541(c) of Pub. L. 98-525 applicable with

respect to agreements entered into under this section before, on,

or after Oct. 19, 1984, see section 541(d) of Pub. L. 98-525, set

out as a note under section 4348 of this title.

EFFECTIVE DATE OF 1964 AMENDMENT; OBLIGATED PERIOD OF SERVICE

For effective date of amendment by Pub. L. 88-276, see section

5(c) of Pub. L. 88-276, set out as a note under section 4348 of

this title.

REGULATIONS IMPLEMENTING 1985 AMENDMENT

Secretary of the Air Force to prescribe regulations required by

subsec. (c) of this section as added by Pub. L. 99-145 not later

than the end of the 90-day period beginning on Nov. 8, 1985, see

section 512(d) of Pub. L. 99-145, set out as a note under section

4348 of this title.

-CITE-

10 USC Sec. 9349 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 903 - UNITED STATES AIR FORCE ACADEMY

-HEAD-

Sec. 9349. Cadets: organization; service; instruction

-STATUTE-

(a) A cadet shall perform duties at such places and of such type

as the President may direct.

(b) The course of instruction at the Academy is four years.

(c) The Secretary of the Air Force shall so arrange the course of

studies at the Academy that cadets are not required to pursue their

studies on Sunday.

(d) Cadets shall be trained in the duties of members of the Air

Force.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 566.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

9349(a) 10:1102. R.S. 1322.

9349(b) 10:1043. R.S. 1323.

9349(c) 9349(d) 10:1044. 10:1105. Mar. 30, 1920, ch.

112 (1st par., less

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 Air Force'' are

substituted for the words ''private soldier, noncommissioned

officer, and officer''. The words ''taught and'' are omitted as

surplusage. 10:1105 (less 1st 18 words of last sentence) is omitted

as inapplicable to the Air Force.

-CITE-

10 USC Sec. 9350 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 903 - UNITED STATES AIR FORCE ACADEMY

-HEAD-

Sec. 9350. Cadets: clothing and equipment

-STATUTE-

(a) The Secretary of the Air Force 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. 566.)

-MISC1-

Historical and Revision Notes

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

Large)

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

9350(a) 9350(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 purpose of'' are substituted for the words

''who is indebted to the United States on account of advances in

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. 9351 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 903 - UNITED STATES AIR FORCE ACADEMY

-HEAD-

Sec. 9351. 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 Academy 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 Superintendent 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. 566.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

9351(a) 9351(b) 10:1104. 10:1103. Aug. 11, 1916, ch.

9351(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 8287(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. 9352 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 903 - UNITED STATES AIR FORCE ACADEMY

-HEAD-

Sec. 9352. Cadets: hazing

-STATUTE-

(a) Subject to the approval of the Secretary of the Air Force,

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 as an Air Force cadet, 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. 566.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

9352(a) 9352(b) 10:1163 (1st par.). Mar. 2, 1901, ch.

9352(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. 9353 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 903 - UNITED STATES AIR FORCE ACADEMY

-HEAD-

Sec. 9353. Cadets: degree and commission on graduation

-STATUTE-

(a) The Superintendent of the Academy may, under such conditions

as the Secretary of the Air Force may prescribe, 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 Air

Force under section 531 of this title.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 567; Pub. L. 85-861, Sec.

1(201), 33(a)(43), Sept. 2, 1958, 72 Stat. 1541, 1567; Pub. L.

96-513, title V, Sec. 504(25), Dec. 12, 1980, 94 Stat. 2917; Pub.

L. 105-85, div. A, title V, Sec. 542(d), Nov. 18, 1997, 111 Stat.

1743.)

-MISC1-

Historical and Revision Notes

1956 Act

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

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

Large)

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

9353(a) 9353(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 word

''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)

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

9353(b) 10 App.:1850c(e) July 20, 1956, ch.

(1st sentence). 646, Sec. 203(e)

(1st sentence), 70

Stat. 585.

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

It is unnecessary to include a reference to section 541 of title

10, since that section does not derogate from the authority granted

in this section.

The change reflects the opinion of the Judge Advocate General of

the Air Force (July 19, 1957) that the words ''from and after the

date of the accrediting of said academies'' in the source law for

section 9353(a) (Act of May 25, 1933, ch. 37 (48 Stat. 73), as

amended) were a condition precedent to the authority to grant

degrees and should not have been omitted.

AMENDMENTS

1997 - Subsec. (a). Pub. L. 105-85 substituted ''The'' for

''After the date of the accrediting of the Academy, the''.

1980 - Subsec. (b). Pub. L. 96-513 inserted ''under section 531

of this title'' after ''Regular Air Force''.

1958 - Subsec. (a). Pub. L. 85-861, Sec. 33(a)(43), permitted

conferring of degrees only after date of accrediting of Academy.

Subsec. (b). Pub. L. 85-861, Sec. 1(201), 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.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by section 33(a)(43) of 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. 9354 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 903 - UNITED STATES AIR FORCE ACADEMY

-HEAD-

Sec. 9354. Buildings and grounds: buildings for religious worship

-STATUTE-

The Secretary of the Air Force may authorize any denomination,

sect, or religious body to erect a building for religious worship

at the Air Force Academy, 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 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. 567.)

-MISC1-

Historical and Revision Notes

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

Large)

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

9354 10:1126. July 8, 1898, ch.

636, 30 Stat. 722.

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

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. 9355 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 903 - UNITED STATES AIR FORCE ACADEMY

-HEAD-

Sec. 9355. 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 Air Force, 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 which

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. 567; Pub. L. 96-579, Sec.

13(c), 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

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

Large)

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

9355(a) 9355(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.

9355(c) 10:1057.

9355(d) 10:1058.

9355(e) 10:1059(a).

9355(f) 10:1059(b).

9355(g) 10:1059(c).

9355(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) (less 1st 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 to 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. 9356 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 903 - UNITED STATES AIR FORCE ACADEMY

-HEAD-

Sec. 9356. Acceptance of guarantees with gifts for major projects

-STATUTE-

(a) Acceptance Authority. - Subject to subsection (c), the

Secretary of the Air Force 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 Air

Force 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

Air Force 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

Air Force, 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

Air Force, 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 Air Force 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 Air Force to

qualify the firm as a major investment management firm.

-SOURCE-

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

5, 1999, 113 Stat. 875; 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 9356, added Pub. L. 103-337, div. A, title V,

Sec. 556(c)(1), Oct. 5, 1994, 108 Stat. 2775, 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(c)(1), Feb. 10, 1996, 110 Stat. 315.

AMENDMENTS

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

parenthesis after ''80b-2)'' in introductory provisions.

-CITE-

10 USC Sec. 9357 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART III - TRAINING

CHAPTER 903 - UNITED STATES AIR FORCE ACADEMY

-HEAD-

Sec. 9357. Grants for faculty research for scientific, literary,

and educational purposes: acceptance; authorized grantees

-STATUTE-

(a) Acceptance of Research Grants. - The Secretary of the Air

Force 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 Air Force shall prescribe

regulations for the administration of this section.

-SOURCE-

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

1998, 112 Stat. 2131.)

-CITE-