-CITE-
    10 USC CHAPTER 403 - UNITED STATES MILITARY ACADEMY         01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-
               CHAPTER 403 - UNITED STATES MILITARY ACADEMY           

-MISC1-
    Sec.                                                     
    4331.       Establishment; Superintendent; faculty.               
    4332.       Departments and professors: titles.                   
    4333.       Superintendent; faculty: appointment and detail.      
    4333a.      Superintendent: condition for detail to position.     
    4334.       Command and supervision.                              
    4335.       Dean of Academic Board.                               
    4336.       Permanent professors; director of admissions.         
    4337.       Chaplain.                                             
    4338.       Civilian faculty: number; compensation.               
    [4339.      Repealed.]                                            
    4340.       Quartermaster.                                        
    4341.       Faculty and other officers: leaves of absence.        
    4341a.      Cadets: appointment by the President.                 
    4342.       Cadets: appointment; numbers, territorial
                 distribution.                                        
    4343.       Cadets: appointment; to bring Corps to full strength. 
    4344.       Selection of persons from foreign countries.          
    4345.       Exchange program with foreign military academies.     
    4346.       Cadets: requirements for admission.                   
    4347.       Cadets; nominees: effect of redistricting of States.  
    4348.       Cadets: agreement to serve as officer.                
    4349.       Cadets: organization of Corps; service; instruction.  
    4350.       Cadets: clothing and equipment.                       
    4351.       Cadets: deficiencies in conduct or studies; effect of
                 failure on successor.                                
    4352.       Cadets: hazing.                                       
    4353.       Cadets: degree and commission on graduation.          
    4354.       Buildings and grounds: memorial hall; buildings for
                 religious worship.                                   
    4355.       Board of Visitors.                                    
    4356.       Use of certain gifts.                                 
    4357.       Acceptance of guarantees with gifts for major
                 projects.                                            
    4358.       Grants for faculty research for scientific, literary,
                 and educational purposes: acceptance; authorized
                 grantees.                                            
    4359.       Mixed-funded athletic and recreational extracurricular
                 programs: authority to manage appropriated funds in
                 same manner as nonappropriated funds.                
    4360.       Cadets: charges and fees for attendance; limitation.  
    4361.       Policy on sexual harassment and sexual violence.      

                                AMENDMENTS                            
      2006 - Pub. L. 109-364, div. A, title X, Sec. 1071(g)(2), Oct.
    17, 2006, 120 Stat. 2402, made technical correction to directory
    language of Pub. L. 108-375, Sec. 544(a)(2). See 2004 Amendment
    note below.
      Pub. L. 109-364, div. A, title V, Sec. 532(d)(1), Oct. 17, 2006,
    120 Stat. 2205, added item 4361.
      2004 - Pub. L. 108-375, div. A, title V, Sec. 545(a)(2), Oct. 28,
    2004, 118 Stat. 1908, added item 4360.
      Pub. L. 108-375, div. A, title V, Sec. 544(a)(2), Oct. 28, 2004,
    118 Stat. 1906, as amended by Pub. L. 109-364, div. A, title X,
    Sec. 1071(g)(2), Oct. 17, 2006, 120 Stat. 2402, added item 4359.
      1999 - Pub. L. 106-65, div. A, title V, Sec. 532(a)(4)(B), div.
    B, title XXVIII, Sec. 2871(a)(2), Oct. 5, 1999, 113 Stat. 603, 873,
    added items 4333a and 4357.
      1998 - Pub. L. 105-261, div. A, title X, Sec. 1063(a)(2), Oct.
    17, 1998, 112 Stat. 2130, added item 4358.
      1997 - Pub. L. 105-85, div. A, title V, Sec. 542(a)(2), Nov. 18,
    1997, 111 Stat. 1741, added item 4345.
      1996 - Pub. L. 104-106, div. A, title V, Sec. 533(a)(2), Feb. 10,
    1996, 110 Stat. 315, struck out item 4357 "Athletics program:
    athletic director; nonappropriated fund account".
      1994 - Pub. L. 103-337, div. A, title V, Sec. 556(a)(2), Oct. 5,
    1994, 108 Stat. 2774, added item 4357.
      1993 - Pub. L. 103-160, div. A, title V, Sec. 533(a)(2), Nov. 30,
    1993, 107 Stat. 1658, added item 4338.
      1983 - Pub. L. 98-94, title X, Sec. 1004(a)(3), Sept. 24, 1983,
    97 Stat. 658, substituted "from foreign countries" for "from Canada
    and American Republics" in item 4344, and struck out item 4345
    "Selection of Filipinos".
      1982 - Pub. L. 97-295, Sec. 1(41)(B), Oct. 12, 1982, 96 Stat.
    1298, added item 4356.
      1981 - Pub. L. 97-60, title II, Sec. 203(a)(2)(B), Oct. 14, 1981,
    95 Stat. 1006, added item 4341a.
      1978 - Pub. L. 95-551, Sec. 4(b), Oct. 30, 1978, 92 Stat. 2069,
    substituted "Establishment; Superintendent; faculty" for
    "Superintendent; faculty; adjutant; chaplain" in item 4331,
    "director of admissions" for "registrar" in item 4336, and struck
    out item 4338 "Director of music".
      1968 - Pub. L. 90-623, Sec. 2(7), Oct. 22, 1968, 82 Stat. 1314,
    struck out item 4339 "Organist and choirmaster; civilian
    instructors in departments of foreign languages and tactics:
    quarters, fuel, and light".
      1958 - Pub. L. 85-600, Sec. 1(12), Aug. 6, 1958, 72 Stat. 523,
    inserted ", registrar" in item 4336.

-End-



-CITE-
    10 USC Sec. 4331                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-
    Sec. 4331. Establishment; Superintendent; faculty

-STATUTE-
      (a) There is in the Department of the Army a United States
    Military Academy, at West Point, New York (hereinafter in this
    chapter referred to as the "Academy"), for the instruction and
    preparation for military service of selected persons called
    "cadets". The organization of the Academy shall be prescribed by
    the Secretary of the Army.
      (b) There shall be at the Academy the following:
        (1) A Superintendent.
        (2) A Dean of the Academic Board, who is a permanent professor.
        (3) A Commandant of Cadets.
        (4) Twenty-two permanent professors.
        (5) A chaplain.
        (6) A director of admissions.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 238; Pub. L. 85-600, Sec. 1(8),
    Aug. 6, 1958, 72 Stat. 522; Pub. L. 85-723, Aug. 21, 1958, 72 Stat.
    711; Pub. L. 95-551, Sec. 1, Oct. 30, 1978, 92 Stat. 2069; Pub. L.
    96-513, title V, Sec. 512(12), Dec. 12, 1980, 94 Stat. 2929; Pub.
    L. 102-484, div. A, title V, Sec. 523(a), Oct. 23, 1992, 106 Stat.
    2409; Pub. L. 103-160, div. A, title V, Sec. 533(a)(3), Nov. 30,
    1993, 107 Stat. 1658.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    4331(a)      10:1061.                      R.S. 1309; Feb. 18,      
                                                1896, ch. 22 (less      
                                                proviso), 29 Stat. 8.   
                                                                        
                                                                        
                                                                        
                                                                        
                                                                        
                                                                        
                                                                        
    4331(b)                                                             
                 10:1071.                                               
                 10:1077.                                               
                 10:1077a.                                              
                 10:1078a.                                              
                 10:1087 (less proviso).                                
                 10:1088.                                               
                 10:1089 (1st 20 words).                                
                 10:1073.                                               
                                               June 23, 1879, ch. 35,   
                                                Sec. 4 (less last 30    
                                                words), 21 Stat. 34.    
                                               June 8, 1926, ch. 492    
                                                (1st par., less 1st     
                                                proviso), 44 Stat. 703. 
                                               Apr. 19, 1910, ch. 174   
                                                (1st and 2d provisos    
                                                under "Permanent        
                                                Establishment"), 36     
                                                Stat. 312; June 8, 1926,
                                                ch. 492 (1st proviso of 
                                                1st par.), 44 Stat. 703.
                                               Apr. 19, 1910, ch. 174   
                                                (8th par. under         
                                                "Permanent              
                                                Establishment"), 36     
                                                Stat. 312.              
                                               May 26, 1934, ch. 353,   
                                                48 Stat. 806.           
                                               June 26, 1946, ch. 495,  
                                                Secs. 1 (less proviso), 
                                                2, 3 (1st 20 words), 60 
                                                Stat. 312.              
    --------------------------------------------------------------------

      In subsection (a), reference to the senior instructors of
    artillery, cavalry, and infantry, and the master of the sword, in
    10:1061, are omitted as obsolete. The duties of the former master
    of the sword are presently performed by the director of physical
    education, detailed to that duty by the superintendent of the
    Academy from officers assigned to duty at that installation by the
    Secretary under section 3012(e) of this title. The words "and one
    assistant professor", in 10:1061, are omitted as superseded by
    section 4333 of this title. The words "shall be constituted" are
    omitted as surplusage. The Act of June 8, 1926, ch. 492 (last
    proviso of 1st par.), 44 Stat. 703, is not contained in 10:1077a.
    It is also omitted from the revised section as executed.
      The word "permanent" is inserted in subsection (a)(4), pursuant
    to 10:1087, which, by adding one permanent professor for each of
    the subjects of instruction named in clauses (A)-(I), inclusive,
    implies that there already was a permanent professor for each of
    those subjects. The subjects of instruction set forth in clauses
    (A)-(I), inclusive, are those for which a professor was authorized
    before the enactment of the source statute for 10:1087. The names
    of the subjects to be taught at the Academy are changed, where
    necessary, to conform to the names of those presently taught,
    pursuant to regulations and orders issued under the general
    authority for the change of titles of departments of instruction,
    contained in section 4332 of this title. These changes, published
    in general orders by authority of the Secretary of War and the
    Secretary of the Army, are as follows:
      In clause (4)(A), the word "Electricity" is substituted for the
    words "chemistry, mineralogy, and geology", in 10:1061, pursuant to
    General Orders 38, Hq USMA, 29 June 1946.
      In clause (4)(C), the word "Foreign" is substituted for the word
    "modern", in 10:1071, pursuant to General Orders No. 6, Hq USMA, 14
    February 1949. The Act of June 23, 1879, ch. 35, Sec. 4 (1st 47
    words) is not contained in 10:1071. It is also omitted from the
    revised section as executed.
      In clause (4)(E), the word "Mechanics" is substituted for the
    words "natural and experimental philosophy", in 10:1061, pursuant
    to General Orders No. 3, Hq USMA, 11 February 1943.
      In clause (4)(F), the words "Military Art and Engineering" are
    substituted for the words "civil and military engineering", in
    10:1061, pursuant to General Orders No. 3, Hq USMA, 11 February
    1943.
      In clause (4)(G), the words "Military Topography and Graphics"
    are substituted for the word "drawing", in 10:1061, pursuant to
    General Orders No. 3, Hq USMA, 11 February 1943.
      In clause (4)(H), the words "Physics and Chemistry" are
    substituted for the word "physics", in 10:1078a, pursuant to
    General Orders No. 38, Hq USMA, 29 June 1946.
      In clause (4)(I), the words "Social Sciences" are substituted for
    the words "economics, government, and history", in 10:1077a,
    pursuant to General Orders No. 13, Hq USMA, 22 April 1947.
      In clause (4)(B) and (I), the provisions of 10:1077 and 1077a
    relating to the appointment of a civilian in the department of
    English, and a professor of economics, government, and history, by
    the President, by and with the advice and consent of the Senate,
    are omitted as executed. The provisions of 10:1077a relating to the
    establishment of a Department of Economics, Government, and History
    are omitted as executed.
      Subsection (a)(8) is inserted to complete the listing of the
    appointed officials of the Academy.
      In subsection (a)(9), the word "director" is substituted for the
    word "teacher" to conform to section 4338 of this title.

                                AMENDMENTS                            
      1993 - Subsec. (c). Pub. L. 103-160 struck out subsec. (c) which
    read as follows:
      "(1) The Secretary of the Army may employ as many civilians as
    professors, instructors, and lecturers at the Academy as the
    Secretary considers necessary.
      "(2) The compensation of persons employed under this subsection
    shall be as prescribed by the Secretary.
      "(3) The Secretary may delegate the authority conferred by this
    subsection to any person in the Department of the Army to the
    extent the Secretary considers proper. Such delegation may be made
    with or without the authority to make successive redelegations."
      1992 - Subsec. (c). Pub. L. 102-484 added subsec. (c).
      1980 - Pub. L. 96-513 substituted "New York (hereinafter in this
    chapter referred to as the 'Academy')" for "New York, in this
    chapter called the 'Academy' ".
      1978 - Pub. L. 95-551 substituted "Establishment; Superintendent;
    faculty" for "Superintendent; faculty; adjutant; chaplain" in
    section catchline.
      Subsec. (a). Pub. L. 95-551 substituted provision establishing in
    the Department of the Army a Military Academy located at West
    Point, New York, for instruction and preparation of cadets for
    military service and providing that the organization of the Academy
    be prescribed by the Secretary of the Army for provision describing
    the faculty of the Academy as consisting of a Superintendent, a
    Dean of the Academic Board, a Commandant of Cadets, two permanent
    professors in each of nine enumerated academic fields, one
    permanent professor in each of the fields of Law, Ordnance, and
    Physical education, a professor of Military Hygiene, an adjutant, a
    registrar, a chaplain, and a director of music.
      Subsec. (b). Pub. L. 95-551 substituted provision describing the
    faculty of the Academy as consisting of a Superintendent, a Dean of
    the Academic Board, a Commandant of Cadets, twenty-two permanent
    professors, a chaplain, and a director of admissions for provision
    making an officer, upon becoming the senior commissioned officer of
    the Medical Corps on active duty at the Academy, the professor of
    Military Hygiene.
      1958 - Subsec. (a)(5). Pub. L. 85-723 authorized a permanent
    professor of physical education.
      Subsec. (a)(8) to (10). Pub. L. 85-600 added par. (8) and
    redesignated existing pars. (8) and (9) as (9) and (10),
    respectively.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section
    701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of
    this title.

               PRAYER AT MILITARY SERVICE ACADEMY ACTIVITIES           
      Pub. L. 109-163, div. A, title V, Sec. 598, Jan. 6, 2006, 119
    Stat. 3283, provided that:
      "(a) In General. - The superintendent of a service academy may
    have in effect such policy as the superintendent considers
    appropriate with respect to the offering of a voluntary,
    nondenominational prayer at an otherwise authorized activity of the
    academy, subject to the United States Constitution and such
    limitations as the Secretary of Defense may prescribe.
      "(b) Service Academies. - For purposes of this section, the term
    'service academy' means any of the following:
        "(1) The United States Military Academy.
        "(2) The United States Naval Academy.
        "(3) The United States Air Force Academy."

     SEXUAL HARASSMENT AND VIOLENCE AT THE MILITARY SERVICE ACADEMIES 
      Pub. L. 108-375, div. A, title V, Sec. 576, Oct. 28, 2004, 118
    Stat. 1924, provided that:
      "(a) Extension of Task Force. - (1) The task force in the
    Department of Defense established by the Secretary of Defense
    pursuant to section 526 of the National Defense Authorization Act
    for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1466) [set out
    below] to examine matters relating to sexual harassment and
    violence at the United States Military Academy and United States
    Naval Academy shall continue in existence for a period of at least
    18 months after the date as of which the task force would otherwise
    be terminated pursuant to subsection (i) of that section.
      "(2) Upon the completion of the functions of the task force
    referred to in paragraph (1) pursuant to section 526 of the
    National Defense Authorization Act for Fiscal Year 2004, the name
    of the task force shall be changed to the Defense Task Force on
    Sexual Assault in the Military Services, and the task force shall
    then carry out the functions specified in this section. The task
    force shall not begin to carry out the functions specified in this
    section until it has completed its functions under such section
    526.
      "(3) Before the task force extended under this subsection begins
    to carry out the functions specified in this section, the Secretary
    of Defense may, consistent with the qualifications required by
    section 526(f) of Public Law 108-136, change the composition of the
    task force as the Secretary considers appropriate for the effective
    performance of such functions, except that - 
        "(A) any change initiated by the Secretary in the membership of
      the task force under this paragraph may not take effect before
      the task force has completed its functions under section 526 of
      Public Law 108-136; and
        "(B) the total number of members of the task force may not
      exceed 14.
      "(b) Examination of Matters Relating to Sexual Assault in the
    Armed Forces. - The task force shall conduct an examination of
    matters relating to sexual assault in cases in which members of the
    Armed Forces are either victims or commit acts of sexual assault.
      "(c) Recommendations. - The Task Force shall include in its
    report under subsection (e) recommendations of ways by which
    civilian officials within the Department of Defense and leadership
    within the Armed Forces may more effectively address matters
    relating to sexual assault. That report shall include an assessment
    of, and recommendations (including any recommendations for changes
    in law) for measures to improve, with respect to sexual assault,
    the following:
        "(1) Victim care and advocacy programs.
        "(2) Effective prevention.
        "(3) Collaboration among military investigative organizations
      with responsibility or jurisdiction.
        "(4) Coordination and resource sharing between military and
      civilian communities, including local support organizations.
        "(5) Reporting procedures, data collection, tracking of cases,
      and use of data on sexual assault by senior military and civilian
      leaders.
        "(6) Oversight of sexual assault programs, including
      development of measures of the effectiveness of those programs in
      responding to victim needs.
        "(7) Military justice issues.
        "(8) Progress in developing means to investigate and prosecute
      assailants who are foreign nationals.
        "(9) Adequacy of resources supporting sexual assault prevention
      and victim advocacy programs, particularly for deployed units and
      personnel.
        "(10) Training of military and civilian personnel responsible
      for implementation of sexual assault policies.
        "(11) Programs and policies, including those related to
      confidentiality, designed to encourage victims to seek services
      and report offenses.
        "(12) Other issues identified by the task force relating to
      sexual assault.
      "(d) Methodology. - In carrying out its examination under
    subsection (b) and in formulating its recommendations under
    subsection (c), the task force shall consider the findings and
    recommendations of previous reviews and investigations of sexual
    assault conducted by the Department of Defense and the Armed
    Forces.
      "(e) Report. - (1) Not later than one year after the initiation
    of its examination under subsection (b), the task force shall
    submit to the Secretary of Defense and the Secretaries of the Army,
    Navy, and Air Force a report on the activities of the task force
    and on the activities of the Department of Defense and the Armed
    Forces to respond to sexual assault.
      "(2) The report shall include the following:
        "(A) A description of any barrier to implementation of
      improvements as a result of previous efforts to address sexual
      assault.
        "(B) Other areas of concern not previously addressed in prior
      reports.
        "(C) The findings and conclusions of the task force.
        "(D) Any recommendations for changes to policy and law that the
      task force considers appropriate.
      "(3) Within 90 days after receipt of the report under paragraph
    (1), the Secretary of Defense shall submit the report, together
    with the Secretary's evaluation of the report, to the Committees on
    Armed Services of the Senate and House of Representatives.
      "(f) Termination. - The task force shall terminate 90 days after
    the date on which the report of the task force is submitted to the
    Committees on Armed Services of the Senate and House of
    Representatives pursuant to subsection (e)(3)."
      Pub. L. 108-136, div. A, title V, Sec. 526, Nov. 24, 2003, 117
    Stat. 1466, provided that:
      "(a) Establishment. - The Secretary of Defense shall establish a
    Department of Defense task force to examine matters relating to
    sexual harassment and violence at the United States Military
    Academy and the United States Naval Academy.
      "(b) Recommendations. - Not later than 12 months after the date
    on which all members of the task force have been appointed, the
    task force shall submit to the Secretary of Defense a report
    recommending ways by which the Department of Defense and the
    Department of the Army and the Department of the Navy may more
    effectively address matters relating to sexual harassment and
    violence at the United States Military Academy and the United
    States Naval Academy, respectively. The report shall include an
    assessment of, and recommendations (including any recommended
    changes in law) for measures to improve, with respect to sexual
    harassment and violence at those academies, the following:
        "(1) Victims' safety programs.
        "(2) Offender accountability.
        "(3) Effective prevention of sexual harassment and violence.
        "(4) Collaboration among military organizations with
      responsibility or jurisdiction with respect to sexual harassment
      and violence.
        "(5) Coordination between military and civilian communities,
      including local support organizations, with respect to sexual
      harassment and violence.
        "(6) Coordination between military and civilian communities,
      including civilian law enforcement relating to acts of sexual
      harassment and violence.
        "(7) Data collection and case management and tracking.
        "(8) Curricula and training, including standard training
      programs for cadets at the United States Military Academy and
      midshipmen at the United States Naval Academy and for permanent
      personnel assigned to those academies.
        "(9) Responses to sexual harassment and violence at those
      academies, including standard guidelines.
        "(10) Other issues identified by the task force relating to
      sexual harassment and violence at those academies.
      "(c) Methodology. - The task force shall consider the findings
    and recommendations of previous reviews and investigations of
    sexual harassment and violence conducted for those academies as one
    of the bases for its assessment.
      "(d) Report. - (1) The task force shall submit to the Secretary
    of Defense and the Secretaries of the Army and the Navy a report on
    the activities of the task force and on the activities of the
    United States Military Academy and the United States Naval Academy
    to respond to sexual harassment and violence at those academies.
      "(2) The report shall include the following:
        "(A) Any barriers to implementation of improvements as a result
      of those efforts.
        "(B) Other areas of concern not previously addressed in prior
      reports.
        "(C) The findings and conclusions of the task force.
        "(D) Any recommendations for changes to policy and law as the
      task force considers appropriate, including whether cases of
      sexual assault at those academies should be included in the
      Department of Defense database known as the Defense Incident-
      Based Reporting System.
      "(3) Within 90 days after receipt of the report under paragraph
    (1) the Secretary of Defense shall submit the report, together with
    the Secretary's evaluation of the report, to the Committees on
    Armed Services of the Senate and House of Representatives.
      "(e) Report on Air Force Academy. - Simultaneously with the
    submission of the report under subsection (d)(3), the Secretary of
    Defense, in coordination with the Secretary of the Air Force, shall
    submit to the committees specified in that subsection the
    Secretary's assessment of the effectiveness of corrective actions
    being taken at the United States Air Force Academy as a result of
    various investigations conducted at that Academy into matters
    involving sexual assault and harassment.
      "(f) Composition. - (1) The task force shall consist of not more
    than 14 members, to be appointed by the Secretary of Defense.
    Members shall be appointed from each of the Army, Navy, Air Force,
    and Marine Corps, and shall include an equal number of personnel of
    the Department of Defense (military and civilian) and persons from
    outside the Department of Defense. Members appointed from outside
    the Department of Defense may be appointed from other Federal
    departments and agencies, from State and local agencies, or from
    the private sector.
      "(2) The Secretary shall ensure that the membership of the task
    force appointed from the Department of Defense includes at least
    one judge advocate.
      "(3) In appointing members to the task force, the Secretary may -
    
        "(A) consult with the Attorney General regarding a
      representative from the Office of Violence Against Women of the
      Department of Justice; and
        "(B) consult with the Secretary of Health and Human Services
      regarding a representative from the Women's Health office of the
      Department of Health and Human Services.
      "(4) Each member of the task force appointed from outside the
    Department of Defense shall be an individual who has demonstrated
    expertise in the area of sexual harassment and violence or shall be
    appointed from one of the following:
        "(A) A representative from the Office of Civil Rights of the
      Department of Education.
        "(B) A representative from the Centers for Disease Control and
      Prevention of the Department of Health and Human Services.
        "(C) A sexual assault policy and advocacy organization.
        "(D) A civilian law enforcement agency.
        "(E) A judicial policy organization.
        "(F) A national crime victim policy organization.
      "(5) The members of the task force shall be appointed not later
    than 120 days after the date of the enactment of this Act [Nov. 24,
    2003].
      "(g) Co-Chairs of the Task Force. - There shall be two co-chairs
    of the task force. One of the co-chairs shall be designated by the
    Secretary of the Defense at the time of appointment from among the
    Department of Defense personnel on the task force. The other co-
    chair shall be selected from among the members appointed from
    outside the Department of Defense by those members.
      "(h) Administrative Support. - (1) Each member of the task force
    who is a member of the Armed Forces or a civilian officer or
    employee of the United States shall serve without compensation
    (other than compensation to which entitled as a member of the Armed
    Forces or an officer or employee of the United States, as the case
    may be). Other members of the task force shall be appointed in
    accordance with, and subject to, section 3161 of title 5, United
    States Code.
      "(2) The Deputy Under Secretary of Defense for Personnel and
    Readiness, under the direction of the Under Secretary of Defense
    for Personnel and Readiness, shall provide oversight of the task
    force. The Washington Headquarters Services of the Department of
    Defense shall provide the task force with personnel, facilities,
    and other administrative support as necessary for the performance
    of the task force's duties.
      "(3) The Deputy Under Secretary shall coordinate with the
    Secretary of the Army to provide visits of the task force to the
    United States Military Academy and with the Secretary of the Navy
    to provide visits of the task force to the United States Naval
    Academy.
      "(i) Termination. - The task force shall terminate 90 days after
    the date on which the report of the task force is submitted to the
    Committees on Armed Services of the Senate and House of
    Representatives pursuant to subsection (d)(3)."
      Pub. L. 108-136, div. A, title V, Sec. 527, Nov. 24, 2003, 117
    Stat. 1468, which required the Superintendent of each United States
    military service academy to prescribe a policy on sexual harassment
    and violence applicable to personnel, to make an annual assessment
    to determine the effectiveness of policies, training, and
    procedures on sexual harassment and violence, and to submit an
    annual report to the Secretary of Defense on sexual harassment and
    violence involving personnel for each of the 2004 to 2008 academy
    program years, was repealed by Pub. L. 109-364, div. A, title V,
    Sec. 532(c), Oct. 17, 2006, 120 Stat. 2205.

        PROHIBITION ON IMPOSITION OF ADDITIONAL CHARGES OR FEES FOR
                      ATTENDANCE AT CERTAIN ACADEMIES
      Pub. L. 103-337, div. A, title V, Sec. 553, Oct. 5, 1994, 108
    Stat. 2772, as amended by Pub. L. 107-314, div. A, title X, Sec.
    1041(b), Dec. 2, 2002, 116 Stat. 2646, prohibited imposition of
    additional charges or fees for attendance at United States military
    service academies, prior to repeal by Pub. L. 108-375, div. A,
    title V, Sec. 545(f), Oct. 28, 2004, 118 Stat. 1909.

      TEST PROGRAM TO EVALUATE USE OF PRIVATE PREPARATORY SCHOOLS FOR
                SERVICE ACADEMY PREPARATORY SCHOOL MISSION
      Section 536 of Pub. L. 103-160 required Secretary of Defense to
    conduct test program to determine efficiency and cost effectiveness
    of using schools in private sector as alternative to existing
    schools used for mission of operating military preparatory school
    program for one or more of the service academies, prior to repeal
    by Pub. L. 104-106, div. A, title V, Sec. 534, Feb. 10, 1996, 110
    Stat. 315.

    COLONEL THOMAS HAWKINS JOHNSON VISITING SCHOLAR PROGRAM AND LECTURE
                                  SERIES
      Pub. L. 101-510, div. A, title XIV, Sec. 1466, Nov. 5, 1990, 104
    Stat. 1700, provided that:
      "(a) Visiting Scholar Program. - (1) The Secretary of the Army
    shall establish a visiting scholar program at the United States
    Military Academy to be known as the 'Thomas Hawkins Johnson
    Visiting Scholar Program'. The Secretary shall select not more than
    two scholars to participate in the program for an academic year. A
    person selected to participate in the program shall serve as an
    instructor at the Academy for two weeks during the academic year
    and perform such duties as the Secretary may assign.
      "(2) There is authorized to be appropriated to the Secretary of
    the Army $25,000 for each fiscal year to carry out this subsection.
      "(b) Lecture Series. - (1) The Secretary of Defense shall
    establish a lecture series at the National Defense University to be
    known as the 'Thomas Hawkins Johnson Lecture Series'. The Secretary
    shall use the lecture series to bring prominent persons to the
    National Defense University to deliver lectures on topics relating
    to public policy, national security, and science.
      "(2) There is authorized to be appropriated to the Secretary of
    Defense $25,000 for each fiscal year to carry out this subsection."

-End-



-CITE-
    10 USC Sec. 4332                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-
    Sec. 4332. Departments and professors: titles

-STATUTE-
      (a) The Secretary of the Army may prescribe the titles of each of
    the departments of instruction and the professors of the Academy.
    However, the change of the title of a department or officer does
    not affect the status, rank, or eligibility for promotion or
    retirement of, or otherwise prejudice, a professor at the Academy.
      (b) Upon becoming the senior professor in a department, a
    permanent professor thereby becomes the head of that department.

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

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    4332(a)      10:1061a.                     Dec. 14, 1942, ch. 729,  
                                                56 Stat. 1049.          
    4332(b)                                                             
                 10:1087 (proviso).                                     
                                               June 26, 1946, ch. 495,  
                                                Sec. 1 (proviso), 60    
                                                Stat. 312.              
    --------------------------------------------------------------------

      In subsection (a), the words "now or after December 14, 1942,
    established at" are omitted as surplusage. The word "precedence" is
    omitted as covered by the word "rank". The words "pay, allowances"
    are omitted, since they are determined by the grade held. The words
    "from time to time", "shall be known", and "operate in any case or
    on any account" are omitted as surplusage.

-End-



-CITE-
    10 USC Sec. 4333                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-
    Sec. 4333. Superintendent; faculty: appointment and detail

-STATUTE-
      (a) The Superintendent and the Commandant of Cadets of the
    Academy shall be detailed to those positions by the President from
    any branch of the Army. Other officers on duty at the Academy,
    except the permanent professors, may be detailed from any branch of
    the Army.
      (b) The permanent professors of the Academy shall be appointed by
    the President, by and with the advice and consent of the Senate.
      (c) The director of admissions of the Academy shall be appointed
    by the President, by and with the advice and consent of the Senate,
    and shall perform such duties as the Superintendent of the Academy
    may prescribe with the approval of the Secretary of the Army.
      (d) Any officer of the Regular Army in a grade above captain may
    be detailed to perform the duties of director of admissions without
    being appointed as director of admissions. Such a detail does not
    affect his position on the active-duty list.
      (e) No graduate of the Academy may be appointed or detailed to
    serve at the Academy as a professor or instructor, or as an
    assistant to a professor or instructor, within two years after his
    graduation.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 238; Pub. L. 85-600, Sec. 1(9),
    Aug. 6, 1958, 72 Stat. 522; Pub. L. 95-551, Sec. 2, Oct. 30, 1978,
    92 Stat. 2069; Pub. L. 96-513, title V, Sec. 502(24), Dec. 12,
    1980, 94 Stat. 2910.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    4333(a)      10:1062.                      R.S. 1313.               
                                                                        
                                                                        
                                                                        
    4333(b)                                                             
                                                                        
    4333(c)                                                             
                 10:1063 (1st sentence,                                 
                  and 1st 26 words of last                              
                  sentence).                                            
                 10:1063 (last sentence,                                
                  less 1st 26 words).                                   
                 10:1064.                                               
                                               R.S. 1314 (words before  
                                                semicolon).             
                                               July 26, 1894, ch. 167   
                                                (words after semicolon  
                                                in 7th clause), 28 Stat.
                                                151.                    
    --------------------------------------------------------------------

      In subsection (a), the word "detailed" is substituted for the
    word "selected", in 10:1062, and for the word "appointed", in
    10:1063, since historically the offices of superintendent and
    commandant of cadets have been filled by detail. The words
    "assistant professors, acting assistant professors, and the
    adjutant", in 10:1063, are omitted as covered by the word
    "officers", in 10:1062. The words "except the permanent professors"
    are inserted to conform to 10:1062.
      In subsection (b), the words "by and with the advice and consent
    of the Senate" are inserted, since many of the statutes
    establishing particular permanent professorships from time to time
    have so provided, and historically it has been the uniform practice
    to make these appointments in this manner. 10:1063 (last 14 words)
    is omitted as obsolete and as covered by section 4349(b) of this
    title.
      In subsection (c), the word "appointed" is substituted for the
    word "assigned".

                                AMENDMENTS                            
      1980 - Subsec. (d). Pub. L. 96-513 struck out "regular or
    temporary" in first sentence, and substituted "active-duty list"
    for "applicable promotion list" in second sentence.
      1978 - Subsecs. (c), (d). Pub. L. 95-551 substituted "director of
    admissions" for "registrar" wherever appearing.
      1958 - Subsecs. (c) to (e). Pub. L. 85-600 added subsecs. (c) and
    (d) and redesignated former subsec. (c) as (e).

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section
    701 of Pub. L. 96-513, set out as a note under section 101 of this
    title.

                  DETAIL OF RETIRED OFFICER AS LIBRARIAN              
      Provisions authorizing the performance of the duties of the
    librarian at the United States Military Academy by a retired
    officer detailed on active duty, which were contained in Pub. L. 85-
    724, title III, Aug. 22, 1958, 72 Stat. 714, the Department of
    Defense Appropriation Act, 1959, were not contained in subsequent
    appropriation acts. Similar provisions were contained in the
    following prior acts:
      Aug. 2, 1957, Pub. L. 85-117, title III, 71 Stat. 313.
      July 2, 1956, ch. 488, title III, 70 Stat. 456.
      July 13, 1955, ch. 358, title III, 69 Stat. 303.
      June 30, 1954, ch. 432, title IV, 68 Stat. 339.
      Aug. 1, 1953, ch. 305, title III, 67 Stat. 338.
      July 10, 1952, ch. 630, title III, 66 Stat. 520.
      Oct. 18, 1951, ch. 512, title III, 65 Stat. 427.
      Sept. 6, 1950, ch. 896, Ch. X, title III, 64 Stat. 733.
      Oct. 29, 1949, ch. 787, title III, 63 Stat. 998.
      June 24, 1948, ch. 632, 62 Stat. 660.
      July 30, 1947, ch. 357, title I, 61 Stat. 563.
      July 16, 1946, ch. 583, 60 Stat. 555.
      July 3, 1945, ch. 265, 59 Stat. 398.
      June 28, 1944, ch. 303, 58 Stat. 588.
      July 1, 1943, ch. 185, 57 Stat. 361.
      July 2, 1942, ch. 477, 56 Stat. 624.
      June 30, 1941, ch. 262, 55 Stat. 384.
      June 13, 1940, ch. 343, 54 Stat. 370.
      Apr. 26, 1939, ch. 88, 53 Stat. 610.
      June 11, 1938, ch. 347, 52 Stat. 659.
      July 1, 1937, ch. 423, 50 Stat. 460.
      May 15, 1936, ch. 404, 49 Stat. 1297.
      Apr. 9, 1935, ch. 54, title I, 49 Stat. 138.
      Apr. 26, 1934, ch. 165, title I, 48 Stat. 631.

-End-



-CITE-
    10 USC Sec. 4333a                                           01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    CHAPTER 403 - UNITED STATES MILITARY ACADEMY

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

-STATUTE-
      (a) Retirement. - As a condition for detail to the position of
    Superintendent of the Academy, an officer shall acknowledge that
    upon termination of that detail the officer shall be retired
    pursuant to section 3921(a) of this title, unless such retirement
    is waived under section 3921(b) of this title.
      (b) Minimum Tour of Duty. - An officer who is detailed to the
    position of Superintendent of the Academy shall be so detailed for
    a period of not less than three years. In any case in which an
    officer serving as Superintendent is reassigned or retires before
    having completed three years service as Superintendent, or
    otherwise leaves that position (other than due to death) without
    having completed three years service in that position, the
    Secretary of the Army shall submit to Congress notice that such
    officer left the position of Superintendent without having
    completed three years service in that position, together with a
    statement of the reasons why that officer did not complete three
    years service in that position.

-SOURCE-
    (Added Pub. L. 106-65, div. A, title V, Sec. 532(a)(1)(B), Oct. 5,
    1999, 113 Stat. 603; amended Pub. L. 108-375, div. A, title V, Sec.
    541(b)(1), Oct. 28, 2004, 118 Stat. 1902.)


-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-375 designated existing provisions as subsec.
    (a), inserted heading, inserted "pursuant to section 3921(a) of
    this title, unless such retirement is waived under section 3921(b)
    of this title" before period at end, and added subsec. (b).

      APPLICATION OF SECTION TO SUPERINTENDENTS SERVING ON OCTOBER 5,
                                   1999
      Section not applicable to an officer serving on Oct. 5, 1999, in
    the position of Superintendent of the United States Military
    Academy, Naval Academy, or Air Force Academy for so long as that
    officer continues on and after that date to serve in that position
    without a break in service, see section 532(a)(5) of Pub. L. 106-
    65, set out as a note under section 3921 of this title.

-End-



-CITE-
    10 USC Sec. 4334                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-
    Sec. 4334. Command and supervision

-STATUTE-
      (a) The supervision and charge of the Academy is in the
    Department of the Army, under officers of the Army detailed to that
    duty by the Secretary of the Army.
      (b) The immediate government of the Academy is under the
    Superintendent, who is also the commanding officer of the Academy
    and of the military post at West Point.
      (c) The Commandant of Cadets is the immediate commander of the
    Corps of Cadets, and is in charge of the instruction of the Corps
    in tactics.
      (d) The permanent professors and the director of admissions
    exercise command only in the academic department of the Academy.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 239; Pub. L. 85-600, Sec.
    1(10), Aug. 6, 1958, 72 Stat. 523; Pub. L. 95-551, Sec. 2, Oct. 30,
    1978, 92 Stat. 2069.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    4334(a)      10:1041.                      R.S. 1331.               
    4334(b)      10:1042.                      R.S. 1311.               
    4334(c)      10:1065.                      R.S. 1312.               
    4334(d)      10:1079.                      June 28, 1902, ch. 1300  
                                                (1st proviso under      
                                                "Permanent              
                                                Establishment"), 32     
                                                Stat. 409.              
    --------------------------------------------------------------------

      In subsection (a), the word "detailed" is substituted for the
    word "assign" to conform to section 4333 of this title.
      In subsection (b), the words "and, in his absence, the next in
    rank" are omitted as surplusage.
      In subsection (c), the words "Corps of Cadets" are substituted
    for the words "battalion of cadets" to conform to section 4349 of
    this title and present terminology. The words "of artillery,
    cavalry, and infantry" are omitted as surplusage.
      In subsection (d), reference to assimilated rank is omitted as
    superseded by section 4336 of this title. The words "and the
    associate professor" are omitted as obsolete.

                                AMENDMENTS                            
      1978 - Subsec. (d). Pub. L. 95-551 substituted "director of
    admissions" for "registrar".
      1958 - Subsec. (d). Pub. L. 85-600 inserted "and the registrar"
    after "professors".

-End-



-CITE-
    10 USC Sec. 4335                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-
    Sec. 4335. Dean of Academic Board

-STATUTE-
      (a) The Dean of the Academic Board shall be appointed as an
    additional permanent professor from the permanent professors who
    have served as heads of departments of instruction at the Academy.
      (b) The Dean of the Academic Board shall perform such duties as
    the Superintendent of the Academy may prescribe with the approval
    of the Secretary of the Army.
      (c) While serving as Dean of the Academic Board, an officer of
    the Army who holds a grade lower than brigadier general shall hold
    the grade of brigadier general, if appointed to that grade by the
    President, by and with the advice and consent of the Senate. The
    retirement age of an officer so appointed is that of a permanent
    professor of the Academy. An officer so appointed is counted for
    purposes of the limitation in section 526(a) of this title on
    general officers of the Army on active duty.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 239; Pub. L. 85-861, Sec.
    33(a)(46)(A), Sept. 2, 1958, 72 Stat. 1567; Pub. L. 99-661, div. A,
    title V, Sec. 508(a), Nov. 14, 1986, 100 Stat. 3866; Pub. L. 102-
    484, div. A, title V, Sec. 521(a), Oct. 23, 1992, 106 Stat. 2409;
    Pub. L. 106-65, div. A, title V, Sec. 533(a), Oct. 5, 1999, 113
    Stat. 604.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                                 1956 ACT                             
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    4335(a)      10:1089 (2d sentence).        June 26, 1946, ch. 495,  
                                                Sec. 3 (less 1st 20     
                                                words), 60 Stat. 312.   
    4335(b)                                                             
                 10:1089 (less 1st 20                                   
                  words, and less 2d                                    
                  sentence).                                            
    --------------------------------------------------------------------

      In subsection (b), the word "grade" is substituted for the word
    "rank". The words "pay, allowances" are omitted, since they are
    determined by the grade held. The words "retirement rights" are
    omitted as covered by the word "benefits". The words "There is
    authorized", "from time to time", and "statutory" are omitted as
    surplusage.

                                 1958 ACT                             
      The word "regular" is deleted [in sections 4335 and 4336] to make
    clear that a Dean or professor of the United States Military
    Academy holds only the office of "Dean" or "professor" and not the
    office of "brigadier general" or "colonel", as the case may be,
    even though he is entitled to the pay and allowances of that grade.

                                AMENDMENTS                            
      1999 - Subsec. (c). Pub. L. 106-65 added subsec. (c).
      1992 - Subsec. (c). Pub. L. 102-484 struck out subsec. (c) which
    read as follows: "The Dean of the Academic Board has the grade of
    brigadier general while serving in such position, with the benefits
    authorized for regular brigadier generals of the Army, if appointed
    to that grade by the President, by and with the advice and consent
    of the Senate. However, the retirement age of an officer so
    appointed is that of a permanent professor of the Academy."
      1986 - Subsec. (b). Pub. L. 99-661, Sec. 508(a)(1), struck out
    "The Dean has the grade of brigadier general while serving as such,
    with the benefits authorized for regular brigadier generals of the
    Army, except that his retirement age is that of a permanent
    professor of the Academy." See subsec. (c).
      Subsec. (c). Pub. L. 99-661, Sec. 508(a)(2), added subsec. (c).
      1958 - Subsec. (b). Pub. L. 85-861 substituted "the grade of
    brigadier general" for "the regular grade of brigadier general".

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-661 applicable with respect to
    appointments or details made on or after Nov. 14, 1986, see section
    508(f) of Pub. L. 99-661, set out as an Effective Date note under
    section 12210 of this title.

                     EFFECTIVE DATE OF 1958 AMENDMENT                 
      Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section
    33(g) of Pub. L. 85-861, set out as a note under section 101 of
    this title.

-End-



-CITE-
    10 USC Sec. 4336                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-
    Sec. 4336. Permanent professors; director of admissions

-STATUTE-
      (a) A permanent professor of the Academy, other than the Dean of
    the Academic Board, who is the head of a department of instruction,
    or who has served as such a professor for more than six years, has
    the grade of colonel. However, a permanent professor appointed from
    the Regular Army has the grade of colonel after the date when he
    completes six years of service as a professor, or after the date on
    which he would have been promoted had he been selected for
    promotion from among officers in the promotion zone, whichever is
    earlier. All other permanent professors have the grade of
    lieutenant colonel.
      (b) A person appointed as director of admissions of the Academy
    has the regular grade of lieutenant colonel, and, after he has
    served six years as director of admissions, has the regular grade
    of colonel. However, a person appointed from the Regular Army has
    the regular grade of colonel after the date when he completes six
    years of service as director of admissions, or after the date on
    which he would have been promoted had he been selected for
    promotion from among officers in the promotion zone, whichever is
    earlier.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 239; Pub. L. 85-600, Sec.
    1(11), Aug. 6, 1958, 72 Stat. 523; Pub. L. 85-861, Sec.
    33(a)(46)(B), Sept. 2, 1958, 72 Stat. 1567; Pub. L. 95-551, Secs.
    2, 4(a), Oct. 30, 1978, 92 Stat. 2069; Pub. L. 96-513, title II,
    Sec. 218(a), title V, Sec. 502(25), Dec. 12, 1980, 94 Stat. 2886,
    2911; Pub. L. 98-525, title V, Sec. 533(d)(1), Oct. 19, 1984, 98
    Stat. 2528.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                                 1956 ACT                             
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    4336         10:1079a(a).                  Aug. 7, 1947, ch. 512,   
                                                Sec. 520(a), 61 Stat.   
                                                912.                    
    --------------------------------------------------------------------

      The word "grade" is substituted for the word "rank". The words
    "pay, and allowances" are omitted, since they are determined by the
    grade held. 10:1079a (a) (last proviso), and the words "Hereafter
    each of", "who have been or may hereafter be", and "and appointed
    in" are omitted as surplusage.

                                 1958 ACT                             
      The word "regular" is deleted [in sections 4335 and 4336] to make
    clear that a Dean or professor of the United States Military
    Academy holds only the office of "Dean" or "professor" and not the
    office of "brigadier general" or "colonel", as the case may be,
    even though he is entitled to the pay and allowances of that grade.

                                AMENDMENTS                            
      1984 - Subsecs. (a), (b). Pub. L. 98-525 substituted "on which he
    would have been promoted had he been selected for promotion from
    among officers in the promotion zone," for "when a regular officer,
    junior to him on the promotion list or active-duty list on which
    his name was carried before his appointment as a professor, is
    promoted to the regular grade of colonel,".
      1980 - Subsecs. (a), (b). Pub. L. 96-513, Sec. 502(25),
    substituted "a regular officer" for "a promotion-list officer", and
    inserted "or active-duty list" after "on the promotion list".
      Subsec. (c). Pub. L. 96-513, Sec. 218(a), struck out subsec. (c)
    which provided that, unless he is serving in a higher grade, an
    officer detailed to perform the duties of director of admissions
    has, while performing those duties, the temporary grade of
    lieutenant colonel and, after performing those duties for a period
    of six years, has the temporary grade of colonel.
      1978 - Pub. L. 95-551, Sec. 4(a), substituted "director of
    admissions" for "registrar" in section catchline.
      Subsecs. (b), (c). Pub. L. 95-551, Sec. 2, substituted "director
    of admissions" for "registrar" wherever appearing.
      1958 - Pub. L. 85-600, Sec. 1(11)(C), inserted "; registrar" in
    section catchline.
      Subsec. (a). Pub. L. 85-861 substituted "has the grade of
    colonel" for "has the regular grade of colonel" in two places, and
    "have the grade of lieutenant colonel" for "have the regular grade
    of lieutenant colonel".
      Pub. L. 85-600 designated existing provisions as subsec. (a) and
    added subsecs. (b) and (c).

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by section 218(a) of Pub. L. 96-513 effective Sept. 15,
    1981, but the authority to prescribe regulations under the
    amendment by Pub. L. 96-513 effective on Dec. 12, 1980, and
    amendment by section 502(25) of Pub. L. 96-513 effective Sept. 15,
    1981, see section 701 of Pub. L. 96-513, set out as a note under
    section 101 of this title.

                     EFFECTIVE DATE OF 1958 AMENDMENT                 
      Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section
    33(g) of Pub. L. 85-861, set out as a note under section 101 of
    this title.

           SERVICE PERFORMED AS REGISTRAR PRIOR TO AUG. 6, 1958       
      Section 2 of Pub. L. 85-600 provided that: "No increase in pay or
    allowances accrues by reason of the enactment of this Act [amending
    this section and sections 3075, 3204, 3205, 3283, 3296, 3883, 3886,
    4331, 4333, 4334, 8075, 8204, 8205, 8296, 8883, 8886, 9331, 9333,
    9334, and 9336 of this title] for service performed before this Act
    takes effect [Aug. 6, 1958]."

-End-



-CITE-
    10 USC Sec. 4337                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-
    Sec. 4337. Chaplain

-STATUTE-
      There shall be a chaplain at the Academy, who must be a
    clergyman, appointed by the President for a term of four years. The
    chaplain is entitled to a monthly housing allowance in the same
    amount as the basic allowance for housing allowed to a lieutenant
    colonel, and to fuel and light for quarters in kind. The chaplain
    may be reappointed.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 239; Pub. L. 87-651, title I,
    Sec. 117, Sept. 7, 1962, 76 Stat. 513; Pub. L. 107-107, div. A,
    title V, Sec. 540(a), Dec. 28, 2001, 115 Stat. 1109.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                                 1956 ACT                             
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    4337         10:1083.                      Feb. 18, 1896, ch. 22    
                                                (proviso), 29 Stat. 8;  
                                                May 16, 1928, ch. 579,  
                                                45 Stat. 573; June 2,   
                                                1945, ch. 172, 59 Stat. 
                                                230.                    
                 10:1137.                                               
    --------------------------------------------------------------------

      The words "The chaplain may be reappointed" are substituted for
    the words "and said chaplain shall be eligible for reappointment
    for an additional term or terms". The figures "$5,482.80" and
    "$6,714" are substituted for the figures "$4,000" and "$5,000" to
    reflect increases in the rates of salary of that office effected by
    the Federal Employees Pay Act of 1945, 59 Stat. 295, the Federal
    Employees Pay Act of 1946, 60 Stat. 216, the Postal Rate Revision
    and Federal Employees Salary Act of 1948, 62 Stat. 1260, and the
    Classification Act of 1949, 63 Stat. 954.

                                 1962 ACT                             
      The change reflects the opinion of the Assistant General Counsel,
    Civil Service Commission (GC: JHF:fz, May 4, 1959), that those
    parts of section 4337 and 9337 of title 10 that relate to the
    salaries of the chaplains at the United States Military Academy and
    the United States Air Force Academy were superseded by the
    Classification Act of 1949 (5 U.S.C. 1071 et seq.). While the
    positions of chaplain at those Academies are not specifically
    covered by the Act, the Act has been determined to apply to those
    positions in accordance with section 203 thereof (5 U.S.C. 1083).

                                AMENDMENTS                            
      2001 - Pub. L. 107-107 substituted "a monthly housing allowance
    in the same amount as the basic allowance for housing allowed to a
    lieutenant colonel" for "the same allowances for public quarters as
    are allowed to a captain".
      1962 - Pub. L. 87-651 struck out provisions which prescribed the
    salary of chaplain on appointment and reappointment.

                     EFFECTIVE DATE OF 2001 AMENDMENT                 
      Pub. L. 107-107, div. A, title V, Sec. 540(b), Dec. 28, 2001, 115
    Stat. 1109, provided that: "The amendment made by subsection (a)
    [amending this section] shall take effect on the first day of the
    first month beginning on or after the date of the enactment of this
    Act [Dec. 28, 2001]."


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Functions of President under this section delegated to Secretary
    of Defense, see section 1(5) of Ex. Ord. No. 11390, Jan. 22, 1968,
    33 F.R. 841, set out as a note under section 301 of Title 3, The
    President.

-End-



-CITE-
    10 USC Sec. 4338                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-
    Sec. 4338. Civilian faculty: number; compensation

-STATUTE-
      (a) The Secretary of the Army may employ as many civilians as
    professors, instructors, and lecturers at the Academy as the
    Secretary considers necessary.
      (b) The compensation of persons employed under this section is as
    prescribed by the Secretary.
      (c) The Secretary of the Army may, notwithstanding the provisions
    of subchapter V of chapter 55 of title 5 or section 6101 of such
    title, prescribe for persons employed under this section the
    following:
        (1) The work schedule, including hours of work and tours of
      duty, set forth with such specificity and other characteristics
      as the Secretary determines appropriate.
        (2) Any premium pay or compensatory time off for hours of work
      or tours of duty in excess of the regularly scheduled hours or
      tours of duty.

-SOURCE-
    (Added Pub. L. 103-160, div. A, title V, Sec. 533(a)(1), Nov. 30,
    1993, 107 Stat. 1658; amended Pub. L. 106-65, div. A, title XI,
    Sec. 1107(a), Oct. 5, 1999, 113 Stat. 778.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 4338, acts Aug. 10, 1956, ch. 1041, 70A Stat.
    239; Sept. 7, 1962, Pub. L. 87-649, Sec. 4, 76 Stat. 493, provided
    that the director of music, who was also leader of the Military
    Academy Band, have the rank prescribed by the Secretary of the
    Army, that at such time as the President directs, the director of
    music be retired in the grade equal to the highest rank in which he
    served on active duty satisfactorily for at least six months and
    with the retired pay of an officer of the Army with the same grade
    and length of service, and that the dependents of the director of
    music be entitled to pensions, death gratuity, and other benefits
    provided for the dependents of a Regular Army officer with
    corresponding grade and length of service, prior to repeal by Pub.
    L. 95-551, Sec. 3(a), Oct. 30, 1978, 92 Stat. 2069.

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

-End-



-CITE-
    10 USC Sec. 4339                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-
    Sec. 4339. Repealed.

-MISC1-
    [Sec. 4339. Repealed. Pub. L. 89-716, Sec. 1, Nov. 2, 1966, 80
      Stat. 1114].
      Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 240, authorized
    public quarters and fuel and light therefor for the organist and
    choirmaster of the Academy and for civilian instructors in the
    departments of foreign languages and tactics.

    QUARTERS FOR ORGANIST, CHOIRMASTER AND CERTAIN CIVILIAN INSTRUCTORS
                     APPOINTED PRIOR TO JAN. 17, 1963
      Section 2 of Pub. L. 89-716 provided that the organist and
    choirmaster and the civilian instructors in departments of foreign
    languages and tactics at United States Military Academy who were
    serving under appointments made prior to Jan. 17, 1963, were
    entitled to public quarters without charge, and to fuel and light
    without charge when they occupy public quarters.

-End-



-CITE-
    10 USC Sec. 4340                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-
    Sec. 4340. Quartermaster

-STATUTE-
      The Secretary of the Army shall detail a commissioned officer of
    the Army as quartermaster for the Corps of Cadets. The
    quartermaster shall - 
        (1) buy and issue all supplies for the cadets;
        (2) buy and issue all provisions for the mess; and
        (3) supervise the mess.

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

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    4340         10:1067.                      Aug. 7, 1876, ch. 255    
                                                (last par.), 19 Stat.   
                                                126.                    
    --------------------------------------------------------------------

      The words "buy and issue all provisions for the mess" and
    "supervise the mess" are substituted for the words "all the duties
    of purveying and supervision for the mess". The word "commissary"
    is omitted as obsolete. The words "and all supplies of all kinds
    and descriptions shall be furnished to the cadets at actual cost,
    without any commission or advance over said cost" are omitted to
    reflect Title IV of the National Security Act of 1947, as amended
    (61 Stat. 495), which authorized the Secretary of Defense to
    prescribe regulations governing the use and sale of certain
    inventories at cost, including applicable administrative expenses.

-End-



-CITE-
    10 USC Sec. 4341                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    CHAPTER 403 - UNITED STATES MILITARY ACADEMY

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

-STATUTE-
      The Superintendent of the Academy may grant a leave of absence
    for the period of the suspension of the ordinary academic studies,
    without deduction of pay or allowances, to a professor, assistant
    professor, instructor, or other officer of the Academy.

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

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    4341         10:1144.                      R.S. 1330.               
    --------------------------------------------------------------------

      The words "under regulations prescribed by the Secretary of the
    Army" are omitted, since the Secretary has inherent authority to
    issue regulations appropriate to exercising his statutory
    functions.

-End-



-CITE-
    10 USC Sec. 4341a                                           01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-
    Sec. 4341a. Cadets: appointment by the President

-STATUTE-
      Cadets at the Academy shall be appointed by the President alone.
    An appointment is conditional until the cadet is admitted.

-SOURCE-
    (Added Pub. L. 97-60, title II, Sec. 203(a)(2)(A), Oct. 14, 1981,
    95 Stat. 1006.)


-MISC1-
                              EFFECTIVE DATE                          
      Section 203(d) of Pub. L. 97-60 provided that: "The amendments
    made by this section [enacting this section and section 9341a of
    this title and amending sections 4342, 6953, 6954, and 9342 of this
    title] shall take effect with respect to nominations for
    appointment to the first class admitted to each Academy after the
    date of the enactment of this Act [Oct. 14, 1981]."

-End-



-CITE-
    10 USC Sec. 4342                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    CHAPTER 403 - UNITED STATES MILITARY ACADEMY

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

-STATUTE-
      (a) The authorized strength of the Corps of Cadets of the Academy
    (determined for any year as of the day before the last day of the
    academic year) is 4,000 or such higher number as may be prescribed
    by the Secretary of the Army under subsection (j). Subject to that
    limitation, cadets are selected as follows:
        (1) 65 cadets selected in order of merit as established by
      competitive examinations from the children of members of the
      armed forces who were killed in action or died of, or have a
      service-connected disability rated at not less than 100 per
      centum resulting from, wounds or injuries received or diseases
      contracted in, or preexisting injury or disease aggravated by,
      active service, children of members who are in a "missing status"
      as defined in section 551(2) of title 37, and children of
      civilian employees who are in "missing status" as defined in
      section 5561(5) of title 5. The determination of the Department
      of Veterans Affairs as to service connection of the cause of
      death or disability, and the percentage at which the disability
      is rated, is binding upon the Secretary of the Army.
        (2) Five cadets nominated at large by the Vice President or, if
      there is no Vice President, by the President pro tempore of the
      Senate.
        (3) Ten cadets from each State, five of whom are nominated by
      each Senator from that State.
        (4) Five cadets from each congressional district, nominated by
      the Representative from the district.
        (5) Five cadets from the District of Columbia, nominated by the
      Delegate to the House of Representatives from the District of
      Columbia.
        (6) Three 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) Three cadets from Guam, nominated by the Delegate in
      Congress from Guam.
        (9) Two cadets from American Samoa, nominated by the Delegate
      in Congress from American Samoa.
        (10) One cadet from the Commonwealth of the Northern Mariana
      Islands, nominated by the resident representative from the
      commonwealth.

    Each Senator, Representative, and Delegate in Congress, including
    the Resident Commissioner from Puerto Rico, is entitled to nominate
    10 persons for each vacancy that is available to him under this
    section. Nominees may be submitted without ranking or with a
    principal candidate and 9 ranked or unranked alternates. Qualified
    nominees not selected for appointment under this subsection shall
    be considered qualified alternates for the purposes of selection
    under other provisions of this chapter.
      (b) In addition, there may be appointed each year at the Academy
    cadets as follows:
        (1) one hundred selected by the President from the children of
      members of an armed force who - 
          (A) are on active duty (other than for training) and who have
        served continuously on active duty for at least eight years;
          (B) are, or who died while they were, retired with pay or
        granted retired or retainer pay;
          (C) are serving as members of reserve components and are
        credited with at least eight years of service computed under
        section 12733 of this title; or
          (D) would be, or who died while they would have been,
        entitled to retired pay under chapter 1223 of this title except
        for not having attained 60 years of age;

      however, a person who is eligible for selection under clause (1)
      of subsection (a) may not be selected under this clause.
        (2) 85 nominated by the Secretary of the Army from enlisted
      members of the Regular Army.
        (3) 85 nominated by the Secretary of the Army from enlisted
      members of reserve components of the Army.
        (4) 20 nominated by the Secretary of the Army, under
      regulations prescribed by him, from the honor graduates of
      schools designated as honor schools by the Department of the
      Army, the Department of the Navy, or the Department of the Air
      Force, and from members of the Reserve Officers' Training Corps.
        (5) 150 selected by the Secretary of the Army in order of merit
      (prescribed pursuant to section 4343 of this title) from
      qualified alternates nominated by persons named in clauses (3)
      and (4) of subsection (a).

      (c) The President may also appoint as cadets at the Academy
    children of persons who have been awarded the Medal of Honor for
    acts performed while in the armed forces.
      (d) The Superintendent may nominate for appointment each year 50
    persons from the country at large. Persons nominated under this
    paragraph may not displace any appointment authorized under clauses
    (2) through (9) of subsection (a) and may not cause the total
    strength of the Corps of Cadets to exceed the authorized number.
      (e) If the annual quota of cadets under subsection (b)(1), (2),
    (3) is not filled, the Secretary may fill the vacancies by
    nominating for appointment other candidates from any of these
    sources who were found best qualified on examination for admission
    and not otherwise nominated.
      (f) Each candidate for admission nominated under clauses (3)
    through (9) of subsection (a) must be domiciled in the State, or in
    the congressional district, from which he is nominated, or in the
    District of Columbia, Puerto Rico, American Samoa, Guam, or the
    Virgin Islands, if nominated from one of those places.
      (g) The Secretary of the Army may limit the number of cadets
    authorized to be appointed under this section to the number that
    can be adequately accommodated at the Academy, as determined by the
    Secretary after consulting with the Committee on Armed Services of
    the Senate and the Committee on Armed Services of the House of
    Representatives, subject to the following:
        (1) Cadets chargeable to each nominating authority named in
      subsection (a)(3) or (4) may not be limited to less than four.
        (2) If the Secretary limits the number of appointments under
      subsection (a)(3) or (4), appointments under subsection (b)(1)-
      (4) are limited as follows:
          (A) 27 appointments under subsection (b)(1);
          (B) 27 appointments under subsection (b)(2);
          (C) 27 appointments under subsection (b)(3); and
          (D) 13 appointments under subsection (b)(4).

        (3) If the Secretary limits the number of appointments under
      subsection (b)(5), appointments under subsection (b)(2)-(4) are
      limited as follows:
          (A) 27 appointments under subsection (b)(2);
          (B) 27 appointments under subsection (b)(3); and
          (C) 13 appointments under subsection (b)(4).

        (4) The limitations provided for in this subsection do not
      affect the operation of subsection (e).

      (h) The Superintendent shall furnish to any Member of Congress,
    upon the written request of such Member, the name of the
    Congressman or other nominating authority responsible for the
    nomination of any named or identified person for appointment to the
    Academy.
      (i) For purposes of the limitation in subsection (a) establishing
    the aggregate authorized strength of the Corps of Cadets, the
    Secretary of the Army may for any year permit a variance in that
    limitation by not more than one percent. In applying that
    limitation, and any such variance, the last day of an academic year
    shall be considered to be graduation day.
      (j)(1) Beginning with the 2003-2004 academic year, the Secretary
    of the Army may prescribe annual increases in the cadet strength
    limit in effect under subsection (a). For any academic year, any
    such increase shall be by no more than 100 cadets or such lesser
    number as applies under paragraph (3) for that year. Such annual
    increases may be prescribed until the cadet strength limit is
    4,400. However, no increase may be prescribed for any academic year
    after the 2007-2008 academic year.
      (2) Any increase in the cadet strength limit under paragraph (1)
    with respect to an academic year shall be prescribed not later than
    the date on which the budget of the President is submitted to
    Congress under section 1105 of title 31 for the fiscal year
    beginning in the same year as the year in which that academic year
    begins. Whenever the Secretary prescribes such an increase, the
    Secretary shall submit to Congress a notice in writing of the
    increase. The notice shall state the amount of the increase in the
    cadet strength limit and the new cadet strength limit, as so
    increased, and the amount of the increase in Senior Army Reserve
    Officers' Training Corps enrollment under each of sections 2104 and
    2107 of this title.
      (3) The amount of an increase under paragraph (1) in the cadet
    strength limit for an academic year may not exceed the increase (if
    any) for the preceding academic year in the total number of cadets
    enrolled in the Army Senior Reserve Officers' Training Corps
    program under chapter 103 of this title who have entered into an
    agreement under section 2104 or 2107 of this title.
      (4) In this subsection, the term "cadet strength limit" means the
    authorized maximum strength of the Corps of Cadets of the Academy.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 240; Pub. L. 85-861, Sec.
    33(a)(26), Sept. 2, 1958, 72 Stat. 1565; Pub. L. 87-663, Sec. 1(1),
    (2), Sept. 14, 1962, 76 Stat. 547; Pub. L. 88-276, Sec. 1(1), Mar.
    3, 1964, 78 Stat. 148; Pub. L. 89-650, Sec. 1(1)-(4), Oct. 13,
    1966, 80 Stat. 896; Pub. L. 90-374, July 5, 1968, 82 Stat. 283;
    Pub. L. 90-623, Sec. 2(8), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 91-
    405, title II, Sec. 204(c), Sept. 22, 1970, 84 Stat. 852; Pub. L.
    92-365, Sec. 1(1), Aug. 7, 1972, 86 Stat. 505; Pub. L. 93-171, Sec.
    1(1)-(4), Nov. 29, 1973, 87 Stat. 690; Pub. L. 94-106, title VIII,
    Sec. 803(b)(1), Oct. 7, 1975, 89 Stat. 538; Pub. L. 96-513, title
    V, Sec. 512(13), Dec. 12, 1980, 94 Stat. 2930; Pub. L. 96-600, Sec.
    2(a), Dec. 24, 1980, 94 Stat. 3493; Pub. L. 97-60, title II, Sec.
    203(a)(1), Oct. 14, 1981, 95 Stat. 1006; Pub. L. 98-94, title X,
    Sec. 1005(a)(1), (b)(1), Sept. 24, 1983, 97 Stat. 660; Pub. L. 101-
    189, div. A, title XVI, Sec. 1621(a)(1), Nov. 29, 1989, 103 Stat.
    1602; Pub. L. 101-510, div. A, title V, Sec. 532(a)(1), Nov. 5,
    1990, 104 Stat. 1563; Pub. L. 103-160, div. A, title V, Sec. 531,
    Nov. 30, 1993, 107 Stat. 1657; Pub. L. 103-337, div. A, title XVI,
    Sec. 1672(c)(3), Oct. 5, 1994, 108 Stat. 3015; Pub. L. 104-106,
    div. A, title V, Sec. 532(a), title XV, Sec. 1502(a)(1), Feb. 10,
    1996, 110 Stat. 314, 502; Pub. L. 105-85, div. A, title X, Sec.
    1073(a)(62), Nov. 18, 1997, 111 Stat. 1903; Pub. L. 106-65, div. A,
    title V, Sec. 531(b)(1), title X, Sec. 1067(1), Oct. 5, 1999, 113
    Stat. 602, 774; Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec.
    531(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-109; Pub. L. 107-314,
    div. A, title V, Sec. 532(a), (f), Dec. 2, 2002, 116 Stat. 2545,
    2547; Pub. L. 108-136, div. A, title V, Sec. 524(a), title X, Sec.
    1031(a)(53), Nov. 24, 2003, 117 Stat. 1464, 1603; Pub. L. 109-364,
    div. A, title X, Sec. 1071(a)(28), Oct. 17, 2006, 120 Stat. 2399.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    4342(a)      10:1092a (1st par., less      R.S. 1317.               
                  clauses (a) through (e)).                             
                 10:1092a (clause (a),                                  
                  less 14th through 52d                                 
                  words after 4th                                       
                  semicolon; and less last                              
                  32 words).                                            
                                               June 30, 1950, ch. 421,  
                                                Secs. 1, 2 (last        
                                                proviso), 64 Stat. 303, 
                                                304; June 3, 1954, ch.  
                                                251, Sec. 2, 68 Stat.   
                                                169.                    
                 10:1092a (1st 13 words of                              
                  clause (b)).                                          
                 10:1092a (1st 26 words of                              
                  clause (c)).                                          
                 10:1092a (clause (d)).                                 
                 10:1092a (clause (e),                                  
                  less last 53 words).                                  
    4342(b)      10:1092a (last par.).                                  
                 10:1098.                                               
    4342(c)      10:1092a (14th through                                 
                  52d words after 4th                                   
                  semicolon of clause (a)).                             
                 10:1092b (last proviso).                               
    4342(d)      10:1092a (last 32 words                                
                  of clause (a)).                                       
    4342(e)      10:1092a (clause (b),                                  
                  less 1st 13 words, and                                
                  less 1st proviso).                                    
    4342(f)      10:1092a (1st proviso of                               
                  clause (b)).                                          
    4342(g)      10:1092a (clause (c),                                  
                  less 1st 26 words).                                   
    4342(h)      10:1092a (last 53 words                                
                  of clause (e)).                                       
    --------------------------------------------------------------------

      In subsection (a), the words "the authorized strength * * * is as
    follows - " are substituted for the words "shall be authorized and
    consist of the following". The words "at large" and "which totals
    two thousand four hundred and ninety-six", and 10:1092a (clause
    (d)) are omitted as surplusage.
      In subsection (b), the words "from whatever source of admission",
    in 10:1092a, are omitted as surplusage. 10:1098 (words before last
    semicolon) is omitted as obsolete.
      In subsection (c), the first 15 words are substituted for the
    words "all of which cadets shall be". The words "domiciled in" are
    substituted for the words "actual residents of" to conform to
    opinions of the Judge Advocate General of the Army (R. 29, 83;
    J.A.G. 351.11, Feb. 10, 1925).
      In subsection (e)(4), the words "armed forces" are substituted
    for the description of the land or naval forces. The date February
    1, 1955, fixed by Proclamation No. 3080 (Jan. 7, 1955; 20 F.R.
    173), is substituted for the words "such date as shall thereafter
    be determined by Presidential proclamation or concurrent resolution
    of the Congress under section 745 of title 38". The words
    "including male and female members of * * * and all components
    thereof" are omitted as surplusage.
      In subsection (f), the words "whether a death is service-
    connected" are substituted for the words "as to the service
    connection of the cause of death".
      In subsection (g), the words "(National Guard of the United
    States, the Air National Guard of the United States, the Army
    Reserve, and the Air Force Reserve)", "Regular components", "by
    members of the National Guard of the United States and the Air
    National Guard of the United States" and "established at the
    competitive entrance examination" are omitted as surplusage. The
    word "grades" is substituted for the words "proficiency averages".
      In subsection (h), the words "or shall hereafter be" are omitted
    as surplusage.

                                AMENDMENTS                            
      2006 - Subsec. (a)(9). Pub. L. 109-364 substituted "cadets" for
    "cadet".
      2003 - Subsec. (a)(6), (8). Pub. L. 108-136, Sec. 524(a)(1),
    substituted "Three" for "Two".
      Subsec. (a)(9). Pub. L. 108-136, Sec. 524(a)(2), substituted
    "Two" for "One".
      Subsec. (h). Pub. L. 108-136, Sec. 1031(a)(53), substituted
    "Superintendent" for "Secretary of the Army".
      2002 - Subsec. (a). Pub. L. 107-314, Sec. 532(a)(1), inserted
    before period at end of first sentence "or such higher number as
    may be prescribed by the Secretary of the Army under subsection
    (j)".
      Subsec. (i). Pub. L. 107-314, Sec. 532(f), struck out "(beginning
    with the 2001-2002 academic year)" after "any year".
      Subsec. (j). Pub. L. 107-314, Sec. 532(a)(2), added subsec. (j).
      2000 - Subsec. (b)(1)(B). Pub. L. 106-398, Sec. 1 [[div. A],
    title V, Sec. 531(a)(1)], struck out ", other than those granted
    retired pay under section 12731 of this title (or under section
    1331 of this title as in effect before the effective date of the
    Reserve Officer Personnel Management Act)" after "retired or
    retainer pay".
      Subsec. (b)(1)(C), (D). Pub. L. 106-398, Sec. 1 [[div. A], title
    V, Sec. 531(a)(2)], added subpars. (C) and (D).
      1999 - Subsec. (a). Pub. L. 106-65, Sec. 531(b)(1)(A),
    substituted "(determined for any year as of the day before the last
    day of the academic year) is 4,000. Subject to that limitation,
    cadets are selected as follows:" for "is as follows:" in
    introductory provisions.
      Subsec. (g). Pub. L. 106-65, Sec. 1067(1), substituted "and the
    Committee on Armed Services" for "and the Committee on National
    Security" in introductory provisions.
      Subsec. (i). Pub. L. 106-65, Sec. 531(b)(1)(B), added subsec.
    (i).
      1997 - Subsec. (a)(10). Pub. L. 105-85 substituted "Mariana" for
    "Marianas".
      1996 - Subsec. (a)(10). Pub. L. 104-106, Sec. 532(a), added par.
    (10).
      Subsec. (g). Pub. L. 104-106, Sec. 1502(a)(1), substituted
    "Committee on Armed Services of the Senate and the Committee on
    National Security of the House of Representatives" for "Committees
    on Armed Services of the Senate and House of Representatives".
      1994 - Subsec. (b)(1)(B). Pub. L. 103-337 substituted "section
    12731 of this title (or under section 1331 of this title as in
    effect before the effective date of the Reserve Officer Personnel
    Management Act)" for "section 1331 of this title".
      1993 - Subsec. (a). Pub. L. 103-160 in concluding provisions
    substituted "10 persons" for "a principal candidate and nine
    alternates" and inserted at end "Nominees may be submitted without
    ranking or with a principal candidate and 9 ranked or unranked
    alternates. Qualified nominees not selected for appointment under
    this subsection shall be considered qualified alternates for the
    purposes of selection under other provisions of this chapter."
      1990 - Subsec. (a)(8) to (10). Pub. L. 101-510, Sec.
    532(a)(1)(A), redesignated cls. (9) and (10) as (8) and (9),
    respectively, and struck out former cl. (8) which read as follows:
    "One cadet nominated by the Administrator of the Panama Canal
    Commission from the children of civilian personnel of the United
    States Government residing in the Republic of Panama who are
    citizens of the United States."
      Subsec. (d). Pub. L. 101-510, Sec. 532(a)(1)(B), substituted
    "clauses (2) through (9)" for "clauses (2)-(7), (9), or (10)".
      Subsec. (f). Pub. L. 101-510, Sec. 532(a)(1)(C), substituted
    "clauses (3) through (9)" for "clauses (3)-(7), (9) and (10)".
      1989 - Subsec. (a)(1). Pub. L. 101-189 substituted "Department of
    Veterans Affairs" for "Veterans' Administration".
      1983 - Subsec. (a)(8). Pub. L. 98-94, Sec. 1005(b)(1),
    substituted "One cadet nominated by the Administrator of the Panama
    Canal Commission from the children of civilian personnel of the
    United States Government residing in the Republic of Panama who are
    citizens of the United States" for "One cadet nominated by the
    Governor of the Panama Canal from the children of civilians
    residing in the Canal Zone or the children of civilian personnel of
    the United States Government, or the Panama Canal Company, residing
    in the Republic of Panama".
      Subsec. (a)(10). Pub. L. 98-94, Sec. 1005(a)(1), substituted ",
    nominated by the Delegate in Congress from American Samoa" for
    "nominated by the Secretary of the Army upon recommendation of the
    Governor of Samoa".
      1981 - Subsec. (d). Pub. L. 97-60 substituted provisions
    authorizing the Superintendent to nominate for appointment each
    year 50 persons from the country at large for provisions that all
    cadets were to be appointed by the President and that all such
    appointments were conditional until the cadet was admitted. See
    section 4341a of this title.
      1980 - Subsec. (a)(6), (9). Pub. L. 96-600 substituted "Two
    cadets" for "One cadet".
      Subsec. (h). Pub. L. 96-513 substituted "The" for "Effective
    beginning with nominations for appointment to the Academy in the
    calendar year 1964, the".
      1975 - Subsecs. (a)(1), (8), (b)(1), (c). Pub. L. 94-106
    substituted "children" for "sons" wherever appearing.
      1973 - Subsec. (a)(6). Pub. L. 93-171, Sec. 1(1), substituted
    "One cadet from the Virgin Islands, nominated by the Delegate in
    Congress from the Virgin Islands" for "Five cadets from each
    Territory, nominated by the Delegate in Congress from the
    Territory".
      Subsec. (a)(9). Pub. L. 93-171, Sec. 1(2), struck out reference
    to Guam and Virgin Islands.
      Subsec. (a)(10). Pub. L. 93-171, Sec. 1(3), added cl. (10).
      Subsec. (f). Pub. L. 93-171, Sec. 1(4), substituted ", (9) and
    (10) of subsection (a)" for "and (9) of subsection (a)" and struck
    out reference to Territory.
      1972 - Subsec. (a)(1). Pub. L. 92-365 increased the number of
    cadets from 40 to 65 and added sons of members who are in a missing
    status and sons of civilian employees who are in missing status as
    eligible for the competitive examination.
      1970 - Subsec. (a)(5). Pub. L. 91-405 substituted "Delegate to
    the House of Representatives from the District of Columbia" for
    "Commissioner of that District".
      1968 - Subsec. (a). Pub. L. 90-374 increased from five to nine
    the number of alternates for each vacancy each Senator,
    Representative, and Delegate in Congress, including the Resident
    Commissioner from Puerto Rico, is entitled to nominate.
      Subsec. (a)(5). Pub. L. 90-623 substituted "Commissioner" for
    "Commissioners".
      1966 - Subsec. (a)(1). Pub. L. 89-650, Sec. 1(1), provided for
    selection of cadets to the Military Academy from sons of members of
    the armed forces who have a 100 per centum service-connected
    disability and removed the limitation to active service during
    World War I or World War II or after June 26, 1950, and before Feb.
    1, 1955.
      Subsec. (a)(2). Pub. L. 89-650, Sec. 1(2), provided for
    nominations to the Military Academy by the President pro tempore of
    the Senate if there is no Vice President.
      Subsec. (b)(1). Pub. L. 89-650, Sec. 1(3), increased the number
    of Presidential appointments to the Military Academy from 75 to
    100, provided for selection of eligible persons as stated in items
    (A) and (B), previously chosen from sons of members of regular
    components, and declared persons eligible under subsec. (a)(1)
    ineligible under subsec. (b)(1) of this section.
      Subsec. (b)(3). Pub. L. 89-650, Sec. 1(4), substituted "reserve
    components of the Army" for "the Army Reserve".
      1964 - Pub. L. 88-276 amended section generally, and among other
    changes, in the noncompetitive appointments, increased the number
    of cadets nominated by the Vice President from three to five, each
    Senator, Representative, and Delegate from 4 to 5, and the
    Commissioner of Puerto Rico from 4 to 5, authorized the Governor of
    Puerto Rico to appoint one cadet, each Senator, Representative and
    Delegate to nominate a principal and five alternates for each
    vacancy, and, in the competitive appointments, permitted the
    President to appoint 75 cadets annually from the sons of members of
    the Regular components, instead of a cumulative total of 89, the
    Secretary of the Army to appoint 85 cadets annually from enlisted
    members of the Regular Army, instead of a cumulative total of 90,
    85 annually from enlisted members of the Army Reserve, instead of a
    cumulative total of 90, 20 annually from honor graduates of
    designated honor schools and the R.O.T.C., instead of a cumulative
    total of 40 from honor schools only, 150 annually, in order of
    merit, from among the qualified alternates nominated by members of
    Congress, and when the quota of cadets selected under subsecs.
    (b)(1), (2), (3) is not filled, to fill the vacancies by appointing
    those best qualified from any of the three sources, decreased the
    number of cadets nominated by the Commissioners of the District of
    Columbia from 6 to 5, and by the Governor of the Panama Canal from
    2 to 1, limited appointments to the number that can be adequately
    accommodated at the Academy, within the limitation that
    congressional appointments cannot be limited to less than four, and
    if limited, a priority of selection is established for the other
    categories, and, beginning in 1964, the Secretary may upon request
    of a Member of Congress, furnish him the name of any nominating
    authority responsible for the nomination of any identified person
    to the Academy.
      1962 - Subsec. (a)(10). Pub. L. 87-663, Sec. 1(1), added cl.
    (10).
      Subsec. (c). Pub. L. 87-633, Sec. 1(2), inserted references to
    American Samoa, Guam, and the Virgin Islands, and substituted
    "clauses (1)-(5) and (10)" for "clauses (1)-(5)."
      1958 - Subsec. (c). Pub. L. 85-861 inserted a comma after
    "district".

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Pub. L. 108-136, div. A, title V, Sec. 524(d), Nov. 24, 2003, 117
    Stat. 1465, provided that: "The amendments made by this section
    [amending this section and sections 6954 and 9342 of this title]
    shall apply with respect to the nomination of candidates for
    appointment to the United States Military Academy, the United
    States Naval Academy, and the United States Air Force Academy for
    classes entering those academies after the date of the enactment of
    this Act [Nov. 24, 2003]."

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as
    otherwise provided, see section 1691 of Pub. L. 103-337, set out as
    an Effective Date note under section 10001 of this title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-60 effective with respect to nominations
    for appointment to the first class admitted to each Academy after
    Oct. 14, 1981, see section 203(d) of Pub. L. 97-60, set out as an
    Effective Date note under section 4341a of this title.

                     EFFECTIVE DATE OF 1980 AMENDMENTS                 
      Section 2(d) of Pub. L. 96-600 provided that: "The amendments
    made by this section [amending this section and sections 6954 and
    9342 of this title] shall be effective beginning with the
    nominations for appointment to the service academies for academic
    years beginning more than one year after the date of enactment of
    this Act [Dec. 24, 1980]."
      Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section
    701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of
    this title.

                     EFFECTIVE DATE OF 1973 AMENDMENT                 
      Section 4 of Pub. L. 93-171 provided that: "The amendments made
    by this Act [amending this section and sections 4343, 6954, 6956,
    6958, 9342, and 9343 of this title] shall be effective beginning
    with the nominations for appointments to the service academies in
    the calendar year 1974."

                     EFFECTIVE DATE OF 1970 AMENDMENT                 
      Amendment by Pub. L. 91-405 effective Sept. 22, 1970, see section
    206(b) of Pub. L. 91-405, set out as an Effective Date note under
    section 25a of Title 2, The Congress.

                     EFFECTIVE DATE OF 1968 AMENDMENT                 
      Amendment by Pub. L. 90-623 intended to restate without
    substantive change the law in effect on Oct. 22, 1968, see section
    6 of Pub. L. 90-623, set out as a note under section 5334 of Title
    5, Government Organization and Employees.

                     EFFECTIVE DATE OF 1958 AMENDMENT                 
      Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section
    33(g) of Pub. L. 85-861, set out as a note under section 101 of
    this title.

          STRENGTH LIMITATIONS AT UNITED STATES MILITARY ACADEMY      
      Pub. L. 106-65, div. A, title V, Sec. 531(a), Oct. 5, 1999, 113
    Stat. 601, required the Secretary of the Army to take such action
    as necessary to ensure that the United States Military Academy was
    in compliance with the USMA cadet strength limit not later than the
    day before the last day of the 2001-2002 academic year.

    LIMITATION ON NUMBER OF CADETS AND MIDSHIPMEN AUTHORIZED TO ATTEND
                             SERVICE ACADEMIES
      Pub. L. 102-190, div. A, title V, Sec. 511(a)-(d), Dec. 5, 1991,
    105 Stat. 1359, 1360, provided that authorized strength of Corps of
    Cadets of United States Military Academy, Air Force Cadets of
    United States Air Force Academy, and brigade of midshipmen of
    United States Naval Academy could not exceed 4,000 for each service
    academy for class years beginning after 1994, and contained
    provisions concerning effect of class reductions on certain
    appointments and requiring Comptroller General to make
    determinations and reports, prior to repeal by Pub. L. 106-65, div.
    A, title V, Sec. 531(b)(4), Oct. 5, 1999, 113 Stat. 602.
      Section 531 of Pub. L. 101-510, which required that number of
    appointments made for class entering service academy in 1991 not
    exceed the number 100 less than the number entering service academy
    in 1990, and that number of such appointments not exceed 1,000 in
    1995, was repealed by Pub. L. 102-190, div. A, title V, Sec.
    511(e), Dec. 5, 1991, 105 Stat. 1360.

    ELIGIBILITY OF FEMALE INDIVIDUALS FOR APPOINTMENT AND ADMISSION TO
       SERVICE ACADEMIES; UNIFORM APPLICATION OF ACADEMIC AND OTHER
                 STANDARDS TO MALE AND FEMALE INDIVIDUALS
      Section 803(a) of Pub. L. 94-106 provided that: "Notwithstanding
    any other provision of law, in the administration of chapter 403 of
    title 10, United States Code [this chapter] (relating to the United
    States Military Academy), chapter 603 of such title (relating to
    the United States Naval Academy), and chapter 903 of such title
    (relating to the United States Air Force Academy), the Secretary of
    the military department concerned shall take such action as may be
    necessary and appropriate to insure that (1) female individuals
    shall be eligible for appointment and admission to the service
    academy concerned, beginning with appointments to such academy for
    the class beginning in calendar year 1976, and (2) the academic and
    other relevant standards required for appointment, admission,
    training, graduation, and commissioning of female individuals shall
    be the same as those required for male individuals, except for
    those minimum essential adjustments in such standards required
    because of physiological differences between male and female
    individuals."

    SECRETARY TO IMPLEMENT POLICY OF EXPEDITIOUS ADMISSION OF WOMEN TO
                                THE ACADEMY
      Section 803(c) of Pub. L. 94-106 provided that: "It is the sense
    of Congress that, subject to the provisions of subsection (a) [note
    set out above], the Secretaries of the military departments shall,
    under the direction of the Secretary of Defense, continue to
    exercise the authority granted them in chapters 403, 603 and 903 of
    title 10, United States Code, but such authority must be exercised
    within a program providing for the orderly and expeditious
    admission of women to the academies, consistent with the needs of
    the services, with the implementation of such program upon
    enactment of this Act [Oct. 7, 1975]."

-End-



-CITE-
    10 USC Sec. 4343                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    CHAPTER 403 - UNITED STATES MILITARY ACADEMY

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

-STATUTE-
      If it is determined that, upon the admission of a new class to
    the Academy, the number of cadets at the Academy will be below the
    authorized number, the Secretary of the Army may fill the vacancies
    by nominating additional cadets from qualified candidates
    designated as alternates and from other qualified candidates who
    competed for nomination and are recommended and found qualified by
    the Academic Board. At least three-fourths of those nominated under
    this section shall be selected from qualified alternates nominated
    by the persons named in clauses (2) through (8) of section 4342(a)
    of this title, and the remainder from qualified candidates holding
    competitive nominations under any other provision of law. An
    appointment under this section is an additional appointment and is
    not in place of an appointment otherwise authorized by law.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 242; Pub. L. 88-276, Sec. 1(2),
    Mar. 3, 1964, 78 Stat. 150; Pub. L. 93-171, Sec. 1(5), Nov. 29,
    1973, 87 Stat. 690; Pub. L. 102-25, title VII, Sec. 701(f)(5), Apr.
    6, 1991, 105 Stat. 115.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    4343         10:1092d.                     June 30, 1950, ch. 421,  
                                                Sec. 4, 64 Stat. 305.   
    --------------------------------------------------------------------

      The words "If it is determined" are substituted for the words
    "When upon determination". The words "within his discretion" are
    omitted as covered by the word "may". The words "within the
    capacity of the Academy", "from the remaining sources of admission
    authorized by law", and "to be admitted in such class" are omitted
    as surplusage. The words "by the persons named in clauses (1)-(6)
    of section 4342(a), and clause (2) of section 4342(e), of this
    title" are substituted for the words "by the Vice President,
    Members of the Senate and House of Representatives of the United
    States, Delegates and Resident Commissioners, the Commissioners of
    the District of Columbia, and the Governor of the Canal Zone". The
    words "under any other provision of law" are substituted for the
    words "from sources authorized by law other than those holding such
    alternate appointments".

                                AMENDMENTS                            
      1991 - Pub. L. 102-25 substituted "clauses (2) through (8)" for
    "clauses (2)-(9)".
      1973 - Pub. L. 93-171 substituted "clauses (2)-(9) of section
    4342(a)" for "clauses (2)-(8) of section 4342(a)".
      1964 - Pub. L. 88-276, among other changes, increased the
    percentage of nominees to be selected from two-thirds to three-
    fourths, and struck out "as are necessary to meet the needs of the
    Army and Air Force, but not more than the authorized strength of
    the Corps of Cadets" after "Academic Board".

                     EFFECTIVE DATE OF 1973 AMENDMENT                 
      Effective date of amendment by Pub. L. 93-171, see section 4 of
    Pub. L. 93-171, set out as a note under section 4342 of this title.

    NUMBER OF ALTERNATE-APPOINTEES FROM CONGRESSIONAL SOURCES NOT TO BE
          REDUCED BECAUSE OF ADDITIONAL PRESIDENTIAL APPOINTMENTS
      Pub. L. 89-650, Sec. 2, Oct. 13, 1966, 80 Stat. 896, provided
    that: "Notwithstanding any other provision of law, none of the
    additional appointments authorized in sections 4342(b)(1),
    6954(b)(1) and 9342(b)(1) of this title as provided by this Act
    shall serve to reduce or diminish the number of qualified
    alternates from congressional sources who would otherwise be
    appointed by the appropriate service Secretary under the authority
    contained in sections 4343, 6956, and 9343 of title 10, United
    States Code."

-End-



-CITE-
    10 USC Sec. 4344                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-
    Sec. 4344. Selection of persons from foreign countries

-STATUTE-
      (a)(1) The Secretary of the Army may permit not more than 60
    persons at any one time from foreign countries to receive
    instruction at the Academy. Such persons shall be in addition to
    the authorized strength of the Corps of the Cadets of the Academy
    under section 4342 of this title.
      (2) The Secretary of the Army, upon approval by the Secretary of
    Defense, shall determine the countries from which persons may be
    selected for appointment under this section and the number of
    persons that may be selected from each country. The Secretary of
    the Army may establish entrance qualifications and methods of
    competition for selection among individual applicants under this
    section and shall select those persons who will be permitted to
    receive instruction at the Academy under this section.
      (3) In selecting persons to receive instruction under this
    section from among applicants from the countries approved under
    paragraph (2), the Secretary of the Army shall give a priority to
    persons who have a national service obligation to their countries
    upon graduation from the Academy.
      (b)(1) A person receiving instruction under this section is
    entitled to the pay, allowances, and emoluments of a cadet
    appointed from the United States, and from the same appropriations.
      (2) Each foreign country from which a cadet is permitted to
    receive instruction at the Academy under this section shall
    reimburse the United States for the cost of providing such
    instruction, including the cost of pay, allowances, and emoluments
    provided under paragraph (1). The Secretary of the Army shall
    prescribe the rates for reimbursement under this paragraph, except
    that the reimbursement rates may not be less than the cost to the
    United States of providing such instruction, including pay,
    allowances, and emoluments, to a cadet appointed from the United
    States.
      (3) The Secretary of Defense may waive, in whole or in part, the
    requirement for reimbursement of the cost of instruction for a
    cadet under paragraph (2). In the case of a partial waiver, the
    Secretary shall establish the amount waived.
      (c)(1) Except as the Secretary of the Army determines, a person
    receiving instruction under this section is subject to the same
    regulations governing admission, attendance, discipline,
    resignation, discharge, dismissal, and graduation as a cadet at the
    Academy appointed from the United States. The Secretary may
    prescribe regulations with respect to access to classified
    information by a person receiving instruction under this section
    that differ from the regulations that apply to a cadet at the
    Academy appointed from the United States.
      (2) A person receiving instruction under this section is not
    entitled to an appointment in an armed force of the United States
    by reason of graduation from the Academy.
      (d) A person receiving instruction under this section is not
    subject to section 4346(d) of this title.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 242; Pub. L. 98-94, title X,
    Sec. 1004(a)(1), Sept. 24, 1983, 97 Stat. 657; Pub. L. 105-85, div.
    A, title V, Sec. 543(a), Nov. 18, 1997, 111 Stat. 1743; Pub. L. 106-
    65, div. A, title V, Sec. 534(a), Oct. 5, 1999, 113 Stat. 605;
    Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec. 532(a)], Oct. 30,
    2000, 114 Stat. 1654, 1654A-110; Pub. L. 107-107, div. A, title V,
    Sec. 533(a)(1), (2), Dec. 28, 2001, 115 Stat. 1105.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    4344(a)      10:1093c (less 3d and         June 26, 1946, ch. 493,  
                  last sentences).              Sec. 1, 60 Stat. 311;   
                                                June 1, 1948, ch. 357,  
                                                Sec. 2, 62 Stat. 280.   
                                                                        
    4344(b)                                                             
    4344(c)                                                             
                 10:1093c (3d sentence).                                
                 10:1093c (last sentence,                               
                  less proviso).                                        
    4344(d)      10:1093c (proviso of last                              
                  sentence).                                            
    --------------------------------------------------------------------

      In subsection (a), the words "at West Point, New York" are
    omitted as surplusage.
      In subsection (b), the words "is entitled to" are substituted for
    the words "shall receive". The words "performed in proceeding" are
    omitted as surplusage. The words "continental limits" are omitted,
    since section 101(1) of this title defines the United States to
    include only the States and the District of Columbia.
      In subsection (c), the words "to any office or position" are
    omitted as surplusage.
      In subsection (d), the words "and 1101" are omitted, since
    section 1321 of the Revised Statutes, previously codified in
    10:1101, was repealed by section 6(b) of the Act of June 30, 1950,
    ch. 421, 64 Stat. 305.

                                AMENDMENTS                            
      2001 - Subsec. (a)(1). Pub. L. 107-107, Sec. 533(a)(1),
    substituted "60" for "40".
      Subsec. (b)(2). Pub. L. 107-107, Sec. 533(a)(2)(A), struck out
    "unless a written waiver of reimbursement is granted by the
    Secretary of Defense" before period at end of first sentence.
      Subsec. (b)(3). Pub. L. 107-107, Sec. 533(a)(2)(B), added par.
    (3) and struck out former par. (3) which read as follows: "The
    amount of reimbursement waived under paragraph (2) may not exceed
    50 percent of the per-person reimbursement amount otherwise
    required to be paid by a foreign country under such paragraph,
    except in the case of not more than 20 persons receiving
    instruction at the Academy under this section at any one time."
      2000 - Subsec. (a)(3). Pub. L. 106-398 added par. (3).
      1999 - Subsec. (b)(3). Pub. L. 106-65 substituted "50 percent"
    for "35 percent" and "20 persons" for "five persons".
      1997 - Subsec. (b)(2). Pub. L. 105-85, Sec. 543(a)(1), inserted
    before period at end ", except that the reimbursement rates may not
    be less than the cost to the United States of providing such
    instruction, including pay, allowances, and emoluments, to a cadet
    appointed from the United States".
      Subsec. (b)(3). Pub. L. 105-85, Sec. 543(a)(2), added par. (3).
      1983 - Pub. L. 98-94 substituted "persons from foreign countries"
    for "persons from Canada and American Republics" in section
    catchline.
      Subsec. (a)(1). Pub. L. 98-94 substituted "The Secretary of the
    Army may permit not more than 40 persons at any one time from
    foreign countries to receive instruction at the Academy" for "Upon
    designation by the President, the Secretary of the Army may permit
    not more than 20 persons at any one time from Canada and the
    American Republics, other than the United States, to receive
    instruction at the Academy" as the first sentence of existing
    subsec. (a), redesignated that first sentence as par. (1), and in
    par. (1) as so redesignated inserted second sentence providing that
    such persons shall be in addition to the authorized strength of the
    Corps of the Cadets of the Academy under section 4342 of this
    title.
      Subsec. (a)(2). Pub. L. 98-94 substituted "The Secretary of the
    Army, upon approval by the Secretary of Defense, shall determine
    the countries from which persons may be selected for appointment
    under this section and the number of persons that may be selected
    from each country" for "However, not more than three persons from
    any one of those republics or from Canada may receive instruction
    under this section at any one time" as the second sentence of
    existing subsec. (a), redesignated that second sentence as par.
    (2), and in par. (2) as so redesignated inserted second sentence
    providing that the Secretary of the Army may establish entrance
    qualifications and methods of competition for selection among
    individual applicants under this section and shall select those
    persons who will be permitted to receive instruction at the Academy
    under this section.
      Subsec. (b)(1). Pub. L. 98-94 redesignated first sentence of
    existing subsec. (b) as par. (1) thereof.
      Subsec. (b)(2). Pub. L. 98-94 substituted "Each foreign country
    from which a cadet is permitted to receive instruction at the
    Academy under this section shall reimburse the United States for
    the cost of providing such instruction, including the cost of pay,
    allowances, and emoluments provided under paragraph (1) unless a
    written waiver of reimbursement is granted by the Secretary of
    Defense" for "However, the mileage allowance payable to that person
    for travel to the Academy for initial admission is not limited to
    mileage for travel within the United States" as second sentence of
    existing subsec. (b), redesignated that second sentence as par. (2)
    and inserted second sentence providing that the Secretary of the
    Army shall prescribe the rates for reimbursement under this
    paragraph.
      Subsec. (c)(1). Pub. L. 98-94 redesignated first sentence of
    existing subsec. (c) as par. (1) and inserted second sentence
    providing that the Secretary may prescribe regulations with respect
    to access to classified information by a person receiving
    instruction under this section that differ from the regulations
    that apply to a cadet at the Academy appointed from the United
    States.
      Subsec. (c)(2). Pub. L. 98-94 redesignated second sentence of
    existing subsec. (c) as par. (2) and substituted "appointment in an
    armed force of the United States" for "appointment in the United
    States Army".
      Subsec. (d). Pub. L. 98-94 reenacted subsec. (d) without change.

                     EFFECTIVE DATE OF 2001 AMENDMENT                 
      Pub. L. 107-107, div. A, title V, Sec. 533(a)(3), Dec. 28, 2001,
    115 Stat. 1105, provided that: "The amendments made by paragraph
    (2) [amending this section] shall not apply with respect to any
    person who entered the United States Military Academy to receive
    instruction under section 4344 of title 10, United States Code,
    before the date of the enactment of this Act [Dec. 28, 2001]."
      Pub. L. 107-107, div. A, title V, Sec. 533(d), Dec. 28, 2001, 115
    Stat. 1106, provided that: "The amendments made by this section
    [amending this section and sections 6957 and 9344 of this title]
    shall not apply with respect to any academic year that began before
    the date of the enactment of this Act [Dec. 28, 2001]."

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec. 532(d)], Oct.
    30, 2000, 114 Stat. 1654, 1654A-110, provided that: "The amendments
    made by this section [amending this section and sections 6957 and
    9344 of this title] shall apply with respect to academic years that
    begin after October 1, 2000."

                     EFFECTIVE DATE OF 1999 AMENDMENT                 
      Pub. L. 106-65, div. A, title V, Sec. 534(d), Oct. 5, 1999, 113
    Stat. 605, provided that: "The amendments made by this section
    [amending this section and sections 6957 and 9344 of this title]
    apply with respect to students from a foreign country entering the
    United States Military Academy, the United States Naval Academy, or
    the United States Air Force Academy on or after May 1, 1999."

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Section 543(d) of Pub. L. 105-85 provided that: "The amendments
    made by this section [amending this section and sections 6957 and
    9344 of this title] apply with respect to students from a foreign
    country entering the United States Military Academy, the United
    States Naval Academy, or the United States Air Force Academy on or
    after May 1, 1998."

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Section 1004(d) of Pub. L. 98-94 provided that:
      "Sections 4344(b)(2), 6957(b)(2), and 9344(b)(2) of title 10,
    United States Code, as added by this section, do not apply to the
    cost of providing instruction to a person who, before the effective
    date of this section, entered the United States Military Academy,
    the United States Naval Academy, or the United States Air Force
    Academy under section 4344, 4345, 6957, 9344, or 9345 of such
    title, as in effect on the day before such date. Any such person
    shall be counted against the maximum of 40 persons who may attend
    the Academy concerned at any time under any of those sections.
      "The amendments made by subsections (a), (b), and (c) [amending
    this section and sections 6957 and 9344 of this title and repealing
    sections 4345 and 9345 of this title] shall take effect one year
    after the date of the enactment of this Act [Sept. 24, 1983] and
    shall apply to each person entering the United States Military
    Academy, the United States Naval Academy, or the United States Air
    Force Academy after that effective date."

     PERSONS FROM COUNTRIES ASSISTING U.S. IN VIETNAM: SERVICE ACADEMY
    INSTRUCTION; BENEFITS, LIMITATIONS, RESTRICTIONS, AND REGULATIONS;
                             OATH OF TRAINEES
      Pub. L. 89-802, Nov. 9, 1966, 80 Stat. 1518, provided that:
      "(a) Notwithstanding any other provision of law, upon designation
    by the President, the Secretary of the Army, the Secretary of the
    Navy, and the Secretary of the Air Force, respectively, may permit
    persons from foreign countries to receive instruction at the
    Military Academy, the Naval Academy, and the Air Force Academy.
      "(b) A person may not be admitted to an Academy for instruction
    under this Act unless his country at the time of his admission is
    assisting the United States in Vietnam by the provision of manpower
    or bases.
      "(c) Not more than four persons may receive instruction under
    this Act at any one Academy at any one time.
      "(d) No person may be admitted to an Academy under this Act after
    October 1, 1970.
      "(e) A person receiving instruction under this Act is entitled to
    the pay, allowances, and emoluments of a cadet or midshipman
    appointed from the United States and from the same appropriations.
      "(f) Except as the Secretary determines, a person receiving
    instruction under this Act is subject to the same regulations
    governing admission, attendance, discipline, resignation,
    discharge, dismissal and graduation as a cadet or midshipman
    appointed from the United States. However, a person receiving
    instruction under this Act is not entitled to an appointment in the
    Armed Forces of the United States by reason of his graduation from
    an Academy.
      "(g) A person receiving instruction under this Act is not subject
    to section 4346(d) of title 10, United States Code."

-End-



-CITE-
    10 USC Sec. 4345                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-
    Sec. 4345. Exchange program with foreign military academies

-STATUTE-
      (a) Exchange Program Authorized. - The Secretary of the Army may
    permit a student enrolled at a military academy of a foreign
    country to receive instruction at the Academy in exchange for a
    cadet receiving instruction at that foreign military academy
    pursuant to an exchange agreement entered into between the
    Secretary and appropriate officials of the foreign country.
    Students receiving instruction at the Academy under the exchange
    program shall be in addition to persons receiving instruction at
    the Academy under section 4344 of this title.
      (b) Limitations on Number and Duration of Exchanges. - An
    exchange agreement under this section between the Secretary and a
    foreign country shall provide for the exchange of students on a one-
    for-one basis each fiscal year. Not more than 100 cadets and a
    comparable number of students from all foreign military academies
    participating in the exchange program may be exchanged during any
    fiscal year. The duration of an exchange may not exceed the
    equivalent of one academic semester at the Academy.
      (c) Costs and Expenses. - (1) A student from a military academy
    of a foreign country is not entitled to the pay, allowances, and
    emoluments of a cadet by reason of attendance at the Academy under
    the exchange program, and the Department of Defense may not incur
    any cost of international travel required for transportation of
    such a student to and from the sponsoring foreign country.
      (2) The Secretary may provide a student from a foreign country
    under the exchange program, during the period of the exchange, with
    subsistence, transportation within the continental United States,
    clothing, health care, and other services to the same extent that
    the foreign country provides comparable support and services to the
    exchanged cadet in that foreign country.
      (3) The Academy shall bear all costs of the exchange program from
    funds appropriated for the Academy and such additional funds as may
    be available to the Academy from a source other than appropriated
    funds to support cultural immersion, regional awareness, or foreign
    language training activities in connection with the exchange
    program.
      (4) Expenditures in support of the exchange program from funds
    appropriated for the Academy may not exceed $1,000,000 during any
    fiscal year.
      (d) Application of Other Laws. - Subsections (c) and (d) of
    section 4344 of this title shall apply with respect to a student
    enrolled at a military academy of a foreign country while attending
    the Academy under the exchange program.
      (e) Regulations. - The Secretary shall prescribe regulations to
    implement this section. Such regulations may include qualification
    criteria and methods of selection for students of foreign military
    academies to participate in the exchange program.

-SOURCE-
    (Added Pub. L. 105-85, div. A, title V, Sec. 542(a)(1), Nov. 18,
    1997, 111 Stat. 1740; amended Pub. L. 106-65, div. A, title V, Sec.
    535(a), Oct. 5, 1999, 113 Stat. 605; Pub. L. 109-364, div. A, title
    V, Sec. 531(a), Oct. 17, 2006, 120 Stat. 2198.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 4345, act Aug. 10, 1956, ch. 1041, 70A Stat. 242,
    related to selection of Filipinos for instruction at the Military
    Academy, prior to repeal by Pub. L. 98-94, title X, Sec.
    1004(a)(2), (d), Sept. 24, 1983, 97 Stat. 658, 660, effective one
    year after Sept. 24, 1983. See section 4344 of this title.

                                AMENDMENTS                            
      2006 - Subsec. (b). Pub. L. 109-364, Sec. 531(a)(1), substituted
    "100" for "24".
      Subsec. (c)(3). Pub. L. 109-364, Sec. 531(a)(2)(A), inserted "and
    such additional funds as may be available to the Academy from a
    source other than appropriated funds to support cultural immersion,
    regional awareness, or foreign language training activities in
    connection with the exchange program." after "for the Academy" and
    struck out at end "Expenditures in support of the exchange program
    may not exceed $120,000 during any fiscal year."
      Subsec. (c)(4). Pub. L. 109-364, Sec. 531(a)(2)(B), added par.
    (4).
      1999 - Subsec. (b). Pub. L. 106-65, Sec. 535(a)(1), substituted
    "24 cadets" for "10 cadets".
      Subsec. (c)(3). Pub. L. 106-65, Sec. 535(a)(2), substituted
    "$120,000" for "$50,000".

                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Pub. L. 109-364, div. A, title V, Sec. 531(d), Oct. 17, 2006, 120
    Stat. 2199, provided that: "The amendments made by subsection (a)
    [amending this section] shall take effect on the date of the
    enactment of this Act [Oct. 17, 2006]. The amendments made by
    subsections (b) and (c) [amending sections 6957a and 9345 of this
    title] shall take effect on October 1, 2008."

-End-



-CITE-
    10 USC Sec. 4346                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-
    Sec. 4346. Cadets: requirements for admission

-STATUTE-
      (a) To be eligible for admission to the Academy a candidate must
    be at least 17 years of age and must not have passed his twenty-
    third birthday on July 1 of the year in which he enters the
    Academy.
      (b) To be admitted to the Academy, an appointee must show, by an
    examination held under regulations prescribed by the Secretary of
    the Army, that he is qualified in the subjects prescribed by the
    Secretary.
      (c) A candidate designated as a principal or an alternate for
    appointment as a cadet shall appear for physical examination at a
    time and place designated by the Secretary.
      (d) To be admitted to the Academy, an appointee must take and
    subscribe to the following oath - 
      "I, ____________, do solemnly swear that I will support the
    Constitution of the United States, and bear true allegiance to the
    National Government; that I will maintain and defend the
    sovereignty of the United States, paramount to any and all
    allegiance, sovereignty, or fealty I may owe to any State or
    country whatsoever; and that I will at all times obey the legal
    orders of my superior officers, and the Uniform Code of Military
    Justice."

    If a candidate for admission refuses to take this oath, his
    appointment is terminated.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 242; Pub. L. 104-201, div. A,
    title V, Sec. 555(b), Sept. 23, 1996, 110 Stat. 2527.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    4346(a)      10:1092b (less provisos).     June 30, 1950, ch. 421,  
                                                Sec. 2 (less provisos), 
                                                64 Stat. 304.           
    4346(b)                                                             
    4346(c)                                                             
                 10:1096.                                               
                 10:1095.                                               
    4346(d)      10:1099.                      R.S. 1319; restated Mar. 
                                                2, 1901, ch. 804 (1st   
                                                proviso under "Permanent
                                                Establishment"), 31     
                                                Stat. 911.              
                                               Aug. 9, 1912, ch. 275    
                                                (2d proviso under       
                                                "Permanent              
                                                Establishment"), 37     
                                                Stat. 252.              
                                               R.S. 1320.               
    --------------------------------------------------------------------

      In subsection (a), the words "Effective January 1, 1951" are
    omitted as executed. The word "Calendar" is omitted as surplusage.
    The words "must not have passed his twenty-second birthday" are
    substituted for the words "not more than twenty-two years of age",
    to make it clear that a person whose twenty-second birthday falls
    on July 1 of the year of admission is eligible (see opinion of the
    Judge Advocate General of the Army (JAGA 1952/7083, 2 Sept. 1952)).
      In subsection (b), the words "To be" are substituted for the
    words "before they shall be". The words "must show * * * that he is
    qualified" are substituted for the words "shall be required to be
    well versed". The words "from time to time" are omitted as
    surplusage.
      In subsection (c), the word "shall" is substituted for the word
    "may", since the nominee is required to appear for the examination.
    The word "appear" is substituted for the words "present himself".
    The words "at a place" are substituted for the words "at West
    Point, New York, or other prescribed places".
      In subsection (d), the word "county" is omitted as surplusage.
    The words "Uniform Code of Military Justice" are substituted for
    the words "rules and articles governing the armies of the United
    States", since the Articles of War have been superseded by the
    Uniform Code of Military Justice. The words "his appointment is
    terminated" are substituted for the words "shall be dismissed from
    the service", since a cadet who has not taken the oath is not yet a
    member.

                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-201 substituted "twenty-third
    birthday" for "twenty-second birthday".

     AUTHORITY TO WAIVE MAXIMUM AGE LIMITATION ON ADMISSION TO SERVICE
     ACADEMIES FOR CERTAIN ENLISTED MEMBERS WHO SERVED DURING PERSIAN
                                 GULF WAR
      Pub. L. 102-190, div. A, title V, Sec. 514, Dec. 5, 1991, 105
    Stat. 1361, provided that:
      "(a) Waiver Authority. - The Secretary of the military department
    concerned may waive the maximum age limitation in section 4346(a),
    6958(a)(1), or 9346(a) of title 10, United States Code, in the case
    of any enlisted member of the Armed Forces who - 
        "(1) becomes 22 years of age while serving on active duty in
      the Persian Gulf area of operations in connection with Operation
      Desert Storm during the Persian Gulf War; or
        "(2) was a candidate for admission to the service academy under
      the jurisdiction of such Secretary in 1990, was prevented from
      being admitted to the academy during that year by reason of the
      service of such person on active duty in the Persian Gulf area of
      operations in connection with Operation Desert Storm, and became
      22 years of age after July 1, 1990, and before the end of such
      service in that area of operations.
      "(b) Definitions. - For purposes of this section:
        "(1) The term 'Operation Desert Storm' has the meaning given
      such term in section 3(1) of the Persian Gulf Conflict
      Supplemental Authorization and Personnel Benefits Act of 1991
      (Public Law 102-25; 105 Stat. 77; 10 U.S.C. 101 note).
        "(2) The term 'Persian Gulf War' has the meaning given such
      term in section 101(33) of title 38, United States Code."

     PERSONS FROM COUNTRIES ASSISTING U.S. IN VIETNAM; SERVICE ACADEMY
                       INSTRUCTION: OATH OF TRAINEES
      Exemption from oath requirement of subsec. (d) of this section of
    appointees to the Military Academy, the Naval Academy, and the Air
    Force Academy from countries assisting U.S. in Vietnam, see Pub. L.
    89-802, Sec. 1(g), Nov. 9, 1966, 80 Stat. 1519, set out as a note
    under section 4344 of this title.

-End-



-CITE-
    10 USC Sec. 4347                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    CHAPTER 403 - UNITED STATES MILITARY ACADEMY

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

-STATUTE-
      If as a result of redistricting a State the domicile of a cadet,
    or a nominee, nominated by a Representative falls within a
    congressional district other than that from which he was nominated,
    he is charged to the district in which his domicile so falls. For
    this purpose, the number of cadets otherwise authorized for that
    district is increased to include him. However, the number as so
    increased is reduced by one if he fails to become a cadet or when
    he is finally separated from the Academy.

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

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    4347         10:1091-1.                    July 7, 1943, ch. 193,   
                                                57 Stat. 383.           
    --------------------------------------------------------------------

      The word "domicile" is substituted for the words "place of
    residence" to conform to opinions of the Judge Advocate General of
    the Army (R. 29, 83; J.A.G. 351.11, Feb. 10, 1925). The words "a *
    * * other than that from which he was nominated" are substituted
    for the word "another". The words "were appointed with respect to",
    "of the former district", "as additional numbers", "at such academy
    for the Representative", "temporarily", and "in attendance at such
    academy under an appointment from such former district" are omitted
    as surplusage. The words "the district in which his domicile so
    falls" are substituted for the words "of the latter district". The
    words "to include him" are substituted for 10:1091-1 (18 words
    before proviso). The words "However, the number as so increased"
    are substituted for 10:1091-1 (1st 13 words of proviso). The words
    "if he fails to become a cadet" are inserted for clarity.

-End-



-CITE-
    10 USC Sec. 4348                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-
    Sec. 4348. Cadets: agreement to serve as officer

-STATUTE-
      (a) Each cadet shall sign an agreement with respect to the
    cadet's length of service in the armed forces. The agreement shall
    provide that the cadet agrees to the following:
        (1) That the cadet will complete the course of instruction at
      the Academy.
        (2) That upon graduation from the Academy the cadet - 
          (A) will accept an appointment, if tendered, as a
        commissioned officer of the Regular Army or the Regular Air
        Force; and
          (B) will serve on active duty for at least five years
        immediately after such appointment.

        (3) That if an appointment described in paragraph (2) is not
      tendered or if the cadet is permitted to resign as a regular
      officer before completion of the commissioned service obligation
      of the cadet, the cadet - 
          (A) will accept an appointment as a commissioned officer as a
        Reserve for service in the Army Reserve or the Air Force
        Reserve; and
          (B) will remain in that reserve component until completion of
        the commissioned service obligation of the cadet.

      (b)(1) The Secretary of the Army may transfer to the Army
    Reserve, and may order to active duty for such period of time as
    the Secretary prescribes (but not to exceed four years), a cadet
    who breaches an agreement under subsection (a). The period of time
    for which a cadet is ordered to active duty under this paragraph
    may be determined without regard to section 651(a) of this title.
      (2) A cadet who is transferred to the Army Reserve under
    paragraph (1) shall be transferred in an appropriate enlisted grade
    or rating, as determined by the Secretary.
      (3) For the purposes of paragraph (1), a cadet shall be
    considered to have breached an agreement under subsection (a) if
    the cadet is separated from the Academy under circumstances which
    the Secretary determines constitute a breach by the cadet of the
    cadet's agreement to complete the course of instruction at the
    Academy and accept an appointment as a commissioned officer upon
    graduation from the Academy.
      (c) The Secretary of the Army shall prescribe regulations to
    carry out this section. Those regulations shall include - 
        (1) standards for determining what constitutes, for the purpose
      of subsection (b), a breach of an agreement under subsection (a);
        (2) procedures for determining whether such a breach has
      occurred; and
        (3) standards for determining the period of time for which a
      person may be ordered to serve on active duty under subsection
      (b).

      (d) In this section, the term "commissioned service obligation",
    with respect to an officer who is a graduate of the Academy, means
    the period beginning on the date of the officer's appointment as a
    commissioned officer and ending on the sixth anniversary of such
    appointment or, at the discretion of the Secretary of Defense, any
    later date up to the eighth anniversary of such appointment.
      (e)(1) This section does not apply to a cadet who is not a
    citizen or national of the United States.
      (2) In the case of a cadet who is a minor and who has parents or
    a guardian, the cadet may sign the agreement required by subsection
    (a) only with the consent of a parent or guardian.
      (f) A cadet or former cadet who does not fulfill the terms of the
    agreement as specified under section (!1) (a), or the alternative
    obligation imposed under subsection (b), shall be subject to the
    repayment provisions of section 303a(e) of title 37.


-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 243; Pub. L. 88-276, Sec. 5(a),
    Mar. 3, 1964, 78 Stat. 153; Pub. L. 88-647, title III, Sec. 301(9),
    Oct. 13, 1964, 78 Stat. 1072; Pub. L. 98-525, title V, Secs.
    541(a), 542(b), Oct. 19, 1984, 98 Stat. 2529; Pub. L. 99-145, title
    V, Sec. 512(a), Nov. 8, 1985, 99 Stat. 623; Pub. L. 101-189, div.
    A, title V, Sec. 511(b), title XVI, Sec. 1622(e)(5), Nov. 29, 1989,
    103 Stat. 1439, 1605; Pub. L. 104-106, div. A, title V, Sec.
    531(a), Feb. 10, 1996, 110 Stat. 314; Pub. L. 109-163, div. A,
    title VI, Sec. 687(c)(9), Jan. 6, 2006, 119 Stat. 3335.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    4348         10:1092c.                     June 30, 1950, ch. 421,  
                                                Sec. 3, 64 Stat. 304.   
    --------------------------------------------------------------------

      The word "agreement" is substituted for the word "articles". The
    words "Hereafter", "appointed to the United States Military
    Academy", "engage", and 10:1092c (1st 25 words of clause (2)) are
    omitted as surplusage. The word "separated" is substituted for the
    words "discharged by competent authority". The words "if he is
    permitted to resign" are substituted for the words "in the event of
    the acceptance of his resignation", since a resignation is
    effective only when accepted. The first 31 words of clause (3) are
    substituted for 10:1092c (last 29 words of clause (3)). The last
    sentence is substituted for the words "with the consent of his
    parents or guardian if he be a minor, and if any he have".

                                AMENDMENTS                            
      2006 - Subsec. (f). Pub. L. 109-163 added subsec. (f).
      1996 - Subsec. (a)(2)(B). Pub. L. 104-106 substituted "five
    years" for "six years".
      1989 - Subsec. (a)(2)(B). Pub. L. 101-189, Sec. 511(b),
    substituted "six years" for "five years".
      Subsec. (d). Pub. L. 101-189, Sec. 1622(e)(5), inserted "the
    term" after "In this section,".
      1985 - Pub. L. 99-145 amended section generally. Prior to
    amendment, section read as follows:
      "(a) Each cadet who is a citizen or national of the United States
    shall sign an agreement that he will - 
        "(1) unless sooner separated from the Academy, complete the
      course of instruction at the Academy;
        "(2) accept an appointment and, unless sooner separated from
      the service, serve as a commissioned officer of the Regular Army
      or the Regular Air Force for at least the five years immediately
      after graduation; and
        "(3) accept an appointment as a commissioned officer as a
      Reserve for service in the Army Reserve or the Air Force Reserve
      and, unless sooner separated from the service, remain therein
      until at least the sixth anniversary and, at the direction of the
      Secretary of Defense, up to the eighth anniversary of his
      graduation, if an appointment in the regular component of that
      armed force is not tendered to him, or if he is permitted to
      resign as a commissioned officer of that component before that
      anniversary.
    If the cadet is a minor and has parents or a guardian, he may sign
    the agreement only with the consent of the parents or guardian.
      "(b) A cadet who does not fulfill his agreement under subsection
    (a) may be transferred by the Secretary of the Army to the Army
    Reserve in an appropriate enlisted grade and, notwithstanding
    section 651 of this title, may be ordered to active duty to serve
    in that grade for such period of time as the Secretary prescribes
    but not for more than four years."
      1984 - Subsec. (a). Pub. L. 98-525, Sec. 541(a), struck out ",
    unless sooner separated," in introductory text before "he will";
    inserted in cl. (1) "unless sooner separated from the Academy,";
    and inserted ", unless sooner separated from the service," in cls.
    (2) and (3).
      Subsec. (a)(3). Pub. L. 98-525, Sec. 524(b), substituted "at
    least the sixth anniversary and, at the direction of the Secretary
    of Defense, up to the eighth anniversary" for "the sixth
    anniversary".
      1964 - Pub. L. 88-647 designated existing provisions as subsec.
    (a) and added subsec. (b).
      Subsec. (a)(2). Pub. L. 88-276 substituted "five" for "three".

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 531(e) of Pub. L. 104-106 provided that: "The amendments
    made by this section [amending this section and sections 6959 and
    9348 of this title] apply to persons first admitted to the United
    States Military Academy, United States Naval Academy, and United
    States Air Force Academy after December 31, 1991."

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Amendment by section 511(b) of Pub. L. 101-189 applicable to
    persons who are first admitted to one of the military service
    academies after Dec. 31, 1991, see section 511(e) of Pub. L. 101-
    189, as amended, set out as a note under section 2114 of this
    title.

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Section 512(e) of Pub. L. 99-145 provided that: "The amendments
    made by subsections (a), (b), and (c) [amending this section and
    sections 6959 and 9348 of this title] (other than with respect to
    the authority of the Secretary of a military department to
    prescribe regulations) - 
        "(1) shall take effect with respect to each military department
      on the date on which regulations prescribed by the Secretary of
      that military department in accordance with subsection (d) [set
      out below] take effect; and
        "(2) shall apply with respect to each agreement entered into
      under sections 4348, 6959, and 9348, respectively, of title 10,
      United States Code, that is entered into on or after the
      effective date of such regulations and shall apply with respect
      to each such agreement that was entered into before the effective
      date of such regulations by an individual who is a cadet or
      midshipman on such date."

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Section 541(d) of Pub. L. 98-525 provided that: "The amendments
    made by this section [amending this section and sections 6959 and
    9348 of this title] shall apply with respect to agreements entered
    into under section 4348, 6959, or 9348 of title 10, United States
    Code, before, on, or after the date of the enactment of this Act
    [Oct. 19, 1984]."

       EFFECTIVE DATE OF 1964 AMENDMENT; OBLIGATED PERIOD OF SERVICE   
      Section 5(c) of Pub. L. 88-276 provided that: "The amendments
    made by this section [amending this section, sections 6959 and 9348
    of this title, and section 182 of Title 14, Coast Guard] shall
    apply only with respect to cadets and midshipmen appointed to the
    service academies and the Coast Guard Academy after the date of
    enactment of this Act [Mar. 3, 1964], and shall not affect the
    obligated period of service of any cadet or midshipman appointed to
    one of the service academies or the Coast Guard Academy on or
    before the date of enactment of this Act."

                  REGULATIONS IMPLEMENTING 1985 AMENDMENT              
      Section 512(d) of Pub. L. 99-145 provided that: "The Secretary of
    each military department shall prescribe the regulations required
    by section 4348(c), 6959(c), or 9348(c), as appropriate, of title
    10, United States Code (as added by the amendments made by
    subsections (a), (b), and (c)) not later than the end of the 90-day
    period beginning on the date of the enactment of this Act [Nov. 8,
    1985]."

                             SAVINGS PROVISION                         
      For savings provision relating to payment or repayment of any
    bonus, incentive pay, special pay, or similar pay obligated to be
    paid before Apr. 1, 2006, under a provision of this section amended
    by section 687(c) of Pub. L. 109-163, see section 687(f) of Pub. L.
    109-163, set out as a note under section 510 of this title.

    DEPARTMENT OF DEFENSE POLICY ON SERVICE ACADEMY AND ROTC GRADUATES
    SEEKING TO PARTICIPATE IN PROFESSIONAL SPORTS BEFORE COMPLETION OF
                   THEIR ACTIVE-DUTY SERVICE OBLIGATIONS
      Pub. L. 109-364, div. A, title V, Sec. 533, Oct. 17, 2006, 120
    Stat. 2206, provided that:
      "(a) Policy Required. - 
        "(1) In general. - Not later than July 1, 2007, the Secretary
      of Defense shall prescribe the policy of the Department of
      Defense on - 
          "(A) whether to authorize graduates of the service academies
        and the Reserve Officers' Training Corps to participate in
        professional sports before the completion of their obligations
        for service on active duty as commissioned officers; and
          "(B) if so, the obligations for service on active duty as
        commissioned officers of such graduates who participate in
        professional sports before the satisfaction of the obligations
        referred to in subparagraph (A).
        "(2) Review of current policies. - In prescribing the policy,
      the Secretary shall review current policies, practices, and
      regulations of the military departments on the obligations for
      service on active duty as commissioned officers of graduates of
      the service academies and the Reserve Officers' Training Corps,
      including policies on authorized leaves of absence and policies
      under excess leave programs.
        "(3) Considerations. - In prescribing the policy, the Secretary
      shall take into account the following:
          "(A) The compatibility of participation in professional
        sports (including training for professional sports) with
        service on active duty in the Armed Forces or as a member of a
        reserve component of the Armed Forces.
          "(B) The benefits for the Armed Forces of waiving obligations
        for service on active duty for cadets, midshipmen, and
        commissioned officers in order to permit such individuals to
        participate in professional sports.
          "(C) The manner in which the military departments have
        resolved issues relating to the participation of personnel in
        professional sports, including the extent of and any reasons
        for, differences in the resolution of such issues by such
        departments.
          "(D) The recoupment of the costs of education provided by the
        service academies or under the Reserve Officers' Training Corps
        program if graduates of the service academies or the Reserve
        Officers' Training Corps, as the case may be, do not complete
        the period of obligated service to which they have agreed by
        reason of participation in professional sports.
          "(E) Any other matters that the Secretary considers
        appropriate.
      "(b) Elements of Policy. - The policy prescribed under subsection
    (a) shall address the following matters:
        "(1) The eligibility of graduates of the service academies and
      the Reserve Officers' Training Corps for a reduction in the
      obligated length of service on active duty as a commissioned
      officer otherwise required of such graduates on the basis of
      their participation in professional sports.
        "(2) Criteria for the treatment of an individual as a
      participant or potential participant in professional sports.
        "(3) The effect on obligations for service on active duty as a
      commissioned officer of any unsatisfied obligations under prior
      enlistment contracts or other forms of advanced education
      assistance.
        "(4) Any authorized variations in the policy that are warranted
      by the distinctive requirements of a particular Armed Force.
        "(5) The eligibility of individuals for medical discharge or
      disability benefits as a result of injuries incurred while
      participating in professional sports.
        "(6) A prospective effective date for the policy and for the
      application of the policy to individuals serving on such
      effective date as a commissioned officer, cadet, or midshipman.
      "(c) Application of Policy to Armed Forces. - Not later than
    December 1, 2007, the Secretary of each military department shall
    prescribe regulations, or modify current regulations, in order to
    implement the policy prescribed by the Secretary of Defense under
    subsection (a) with respect to the Armed Forces under the
    jurisdiction of such Secretary."

-FOOTNOTE-
    (!1) So in original. Probably should be "subsection".


-End-



-CITE-
    10 USC Sec. 4349                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    CHAPTER 403 - UNITED STATES MILITARY ACADEMY

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

-STATUTE-
      (a) The Corps of Cadets shall be divided into companies, as
    directed by the Superintendent, for the purpose of military
    instruction. Each company shall be commanded by a commissioned
    officer of the Army.
      (b) A cadet shall perform duties at such places and of such type
    as the President may direct.
      (c) The course of instruction at the Academy is four years.
      (d) The Secretary of the Army shall so arrange the course of
    studies at the Academy that cadets are not required to pursue their
    studies on Sunday.
      (e) The Corps of Cadets shall be trained in the duties of members
    of the Army, shall be encamped at least three months in each year,
    and shall be trained in all duties incident to a camp.

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

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    4349(a)      10:1105 (less last            R.S. 1322.               
                  sentence).                                            
                                                                        
                                               R.S. 1323.               
    4349(b)      10:1102.                      Mar. 30, 1920, ch. 112   
                                                (1st par., less         
                                                provisos, under         
                                                "Miscellaneous"), 41    
                                                Stat. 548.              
    4349(c)                                                             
    4349(d)                                                             
    4349(e)                                                             
                 10:1043.                                               
                 10:1044.                                               
                 10:1105 (last sentence).                               
                                               R.S. 1324.               
    --------------------------------------------------------------------

      In subsection (a), the word "commissioned" is inserted for
    clarity; 10:1105 (2d sentence) is omitted as obsolete.
      In subsection (b), the word "perform" is substituted for the
    words "be subject at all times to do". The words "of such type" are
    substituted for the words "on such service".
      In subsection (e), the words "members of the Army" are
    substituted for the words "private soldier, noncommissioned
    officer, and officer". The words "taught and" are omitted as
    surplusage.

-End-



-CITE-
    10 USC Sec. 4350                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-
    Sec. 4350. Cadets: clothing and equipment

-STATUTE-
      (a) The Secretary of the Army may prescribe the amount to be
    credited to a cadet, upon original admission to the Academy, for
    the cost of his initial issue of clothing and equipment. That
    amount shall be deducted from his pay. If a cadet is discharged
    before graduation while owing the United States for pay advanced
    for the purchase of required clothing and equipment, he shall turn
    in so much of his clothing and equipment of a distinctive military
    nature as is necessary to repay the amount advanced. If the value
    of the clothing and equipment turned in does not cover the amount
    owed, the indebtedness shall be canceled.
      (b) Under such regulations as the Secretary may prescribe,
    uniforms and equipment shall be furnished to a cadet at the Academy
    upon his request.

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

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    4350(a)      10:1149a.                     Aug. 31, 1918, ch. 166,  
                                                Sec. 9 (17th through 22d
                                                words), 40 Stat. 957.   
    4350(b)                                                             
                 10:1106.                                               
                                               Aug. 22, 1951, ch. 340,  
                                                Sec. 1, 65 Stat. 196.   
    --------------------------------------------------------------------

      In subsection (a), the words "while owing the United States for
    pay advanced for the purchase of" are substituted for the words
    "who is indebted to the United States on account of advances of pay
    to purchase". The words "as is necessary to repay the amount
    advanced" are substituted for the words "to the extent required to
    discharge such indebtedness".
      In subsection (b), the word "accouterments" is omitted as
    surplusage. The words "by the Government" and "such restrictions
    and" are omitted as surplusage. The words "at cost" are omitted to
    reflect Title IV of the National Security Act of 1947, as amended
    (63 Stat. 585), which authorized the Secretary of Defense to
    prescribe regulations governing the use and sale of certain
    inventories at cost, including applicable administrative expenses.
    (See opinion of the Assistant General Counsel (Fiscal Matters) of
    the Office of the Secretary of Defense, January 4, 1955.)

-End-



-CITE-
    10 USC Sec. 4351                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-
    Sec. 4351. Cadets: deficiencies in conduct or studies; effect of
      failure on successor

-STATUTE-
      (a) A cadet who is reported as deficient in conduct or studies
    and recommended to be discharged from the Academy may not, unless
    recommended by the Academic Board, be returned or reappointed to
    the Academy.
      (b) Any cadet who fails to pass a required examination because he
    is deficient in any one subject of instruction is entitled to a
    reexamination of equal scope and difficulty in that subject, if he
    applies in writing to the Academic Board within 10 days after he is
    officially notified of his failure. The reexamination shall be held
    within 60 days after the date of his application. If the cadet
    passes the reexamination and is otherwise qualified, he shall be
    readmitted to the Academy. If he fails, he may not have another
    examination.
      (c) The failure of a member of a graduating class to complete the
    course with his class does not delay the admission of his
    successor.

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

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    4351(a)      10:1104.                      Aug. 11, 1916, ch. 314   
                                                (3d, 4th, and 5th       
                                                provisos under          
                                                "Permanent              
                                                Establishment"), 39     
                                                Stat. 493.              
    4351(b)                                                             
    4351(c)                                                             
                 10:1103.                                               
                 10:1092b (1st proviso).                                
                                               R.S. 1325.               
                                               June 30, 1950, ch. 421,  
                                                Sec. 2 (1st proviso), 64
                                                Stat. 304.              
    --------------------------------------------------------------------

      In subsection (a), 10:1104 (last 20 words) is omitted as
    superseded by section 3287(d) of this title.
      In subsection (b), the words "is entitled to" are substituted for
    the words "shall have the right to apply". The words "of equal
    scope and difficulty in that subject" are substituted for the words
    "by compliance with the requirements existing at the time of the
    first examination".
      In subsection (c), the words "by reason of sickness, or
    deficiency in his studies, or other cause" are omitted as
    surplusage.

       READMISSION TO SERVICE ACADEMIES OF CERTAIN FORMER CADETS AND
                                MIDSHIPMEN
      Pub. L. 108-136, div. A, title V, Sec. 525, Nov. 24, 2003, 117
    Stat. 1465, provided that:
      "(a) Inspector General Report as Basis for Readmission. - (1)
    When a formal report by an Inspector General within the Department
    of Defense concerning the circumstances of the separation of a
    cadet or midshipman from one of the service academies contains a
    specific finding specified in paragraph (2), the Secretary of the
    military department concerned may use that report as the sole basis
    for readmission of the former cadet or midshipman to the respective
    service academy.
      "(2) A finding specified in this paragraph is a finding that
    substantiates that a former service academy cadet or midshipman,
    while attending the service academy - 
        "(A) received administrative or punitive action or nonjudicial
      punishment as a result of reprisal;
        "(B) resigned in lieu of disciplinary, administrative, or other
      action that the formal report concludes constituted a threat of
      reprisal; or
        "(C) otherwise suffered an injustice that contributed to the
      resignation of the cadet or midshipman.
      "(b) Readmission. - In the case of a formal report by an
    Inspector General described in subsection (a), the Secretary
    concerned shall offer the former cadet or midshipman an opportunity
    for readmission to the service academy from which the former cadet
    or midshipman resigned, if the former cadet or midshipman is
    otherwise eligible for such readmission.
      "(c) Applications for Readmission. - A former cadet or midshipman
    described in a report referred to in subsection (a) may apply for
    readmission to the service academy on the basis of that report and
    shall not be required to submit the request for readmission through
    a board for the correction of military records.
      "(d) Regulations to Minimize Adverse Impact Upon Readmission. -
    The Secretary of each military department shall prescribe
    regulations for the readmission of a former cadet or midshipman
    described in subsection (a), with the goal, to the maximum extent
    practicable, of readmitting the former cadet or midshipman at no
    loss of the academic or military status held by the former cadet at
    the time of resignation.
      "(e) Construction With Other Remedies. - This section does not
    preempt or supersede any other remedy that may be available to a
    former cadet or midshipman.
      "(f) Service Academies. - In this section, the term 'service
    academy' means the following:
        "(1) The United States Military Academy.
        "(2) The United States Naval Academy.
        "(3) The United States Air Force Academy."

-End-



-CITE-
    10 USC Sec. 4352                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-
    Sec. 4352. Cadets: hazing

-STATUTE-
      (a) Subject to the approval of the Secretary of the Army, the
    Superintendent of the Academy shall issue regulations - 
        (1) defining hazing;
        (2) designed to prevent that practice; and
        (3) prescribing dismissal, suspension, or other adequate
      punishment for violations.

      (b) If a cadet who is charged with violating a regulation issued
    under subsection (a), the penalty for which is or may be dismissal
    from the Academy, requests in writing a trial by a general court-
    martial, he may not be dismissed for that offense except under
    sentence of such a court.
      (c) A cadet dismissed from the Academy for hazing may not be
    reappointed to the Corps of Cadets, and is ineligible for
    appointment as a commissioned officer in a regular component of the
    Army, Navy, Air Force, or Marine Corps, until two years after the
    graduation of his class.

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

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    4352(a)      10:1163 (1st par.).           Mar. 2, 1901, ch. 804    
                                                (2d proviso under       
                                                "Permanent              
                                                Establishment");        
                                                restated Apr. 19, 1910, 
                                                ch. 174 (38th par. under
                                                "Buildings and          
                                                Grounds"), 36 Stat. 323.
    4352(b)                                                             
                                                                        
    4352(c)                                                             
                 10:1163 (1st 32 words of                               
                  last par.).                                           
                 10:1163 (last par., less                               
                  1st 32 words).                                        
    --------------------------------------------------------------------

      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.

-End-



-CITE-
    10 USC Sec. 4353                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-
    Sec. 4353. Cadets: degree and commission on graduation

-STATUTE-
      (a) Under such conditions as the Secretary of the Army may
    prescribe, the Superintendent of the Academy may confer the degree
    of bachelor of science upon graduates of the Academy.
      (b) Notwithstanding any other provision of law, a cadet who
    completes the prescribed course of instruction may, upon
    graduation, be appointed a second lieutenant in the Regular Army
    under section 531 of this title.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 245; Pub. L. 85-861, Sec.
    1(103), Sept. 2, 1958, 72 Stat. 1489; Pub. L. 96-513, title V, Sec.
    502(26), Dec. 12, 1980, 94 Stat. 2911.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                                 1956 ACT                             
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    4353(a)      10:486a (less last            May 25, 1933, ch. 37     
                  sentence).                    (less last sentence);   
                                                restated Aug. 9, 1946,  
                                                ch. 932 (less last      
                                                sentence); restated Aug.
                                                4, 1949, ch. 393, Sec.  
                                                13; restated Aug. 18,   
                                                1949, ch. 476 (less last
                                                sentence), 63 Stat. 615.
                                                                        
    4353(b)                                                             
                 10:506c(f) (1st sentence,                              
                  less last 43 words).                                  
                                               Aug. 7, 1947, ch. 512,   
                                                Sec. 506(f) (1st        
                                                sentence, less last 43  
                                                words), 61 Stat. 892.   
    --------------------------------------------------------------------

      In subsection (a), the last 27 words are substituted for 10:486a
    (last sentence). The words "rules and" and "from and after the date
    of the accrediting of said Academy" are omitted as surplusage. The
    word "conditions" is substituted for the words "rules and
    regulations".
      In subsection (b), the words "except section 541 of this title"
    are inserted to reflect the authority to appoint graduates of one
    service academy as officers of another service.



                                 1958 ACT                             
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    4353(b)      10 App.:506c-4(c) (1st        July 20, 1956, ch. 646,  
                  sentence).                    Sec. 103(c) (1st        
                                                sentence), 70 Stat. 583.
    --------------------------------------------------------------------

      It is unnecessary to include a reference to section 541, since
    that section does not derogate from the authority granted in this
    section.

                                AMENDMENTS                            
      1980 - Subsec. (b). Pub. L. 96-513 inserted "under section 531 of
    this title" after "Regular Army".
      1958 - Subsec. (b). Pub. L. 85-861 struck out "except section 541
    of this title" after "provision of law".

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section
    701 of Pub. L. 96-513, set out as a note under section 101 of this
    title.

     DEGREES FOR PERSONS WHO GRADUATED BEFORE ACCREDITING OF MILITARY
                                  ACADEMY
      Section 35 of act Aug. 10, 1956, provided in part that, under
    conditions prescribed by the Secretary of the Army, the
    Superintendent of the United States Military Academy may confer the
    degree of bachelor of science upon living graduates of the Academy
    who were graduated before the date of accrediting of the Academy
    and who have met the requirements of the Academy for that degree.

-End-



-CITE-
    10 USC Sec. 4354                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-
    Sec. 4354. Buildings and grounds: memorial hall; buildings for
      religious worship

-STATUTE-
      (a) The memorial hall at the Academy is a repository for statues,
    busts, mural tablets, portraits of distinguished and deceased
    officers and graduates of the Academy, paintings of battle scenes,
    trophies of war, and other objects that may tend to elevate the
    military profession. No object may be placed in this hall without
    the approval of two-thirds of the members of the Academic Board of
    the Academy by a recorded vote taken by ayes and nays.
      (b) The Secretary of the Army may authorize any denomination,
    sect, or religious body to erect a building for religious worship
    on the West Point Military Reservation, if its erection will not
    interfere with the use of the reservation for military purposes and
    will be without expense to the United States. Such a building shall
    be removed, or its location changed, without compensation for it
    and without other expense to the United States, by the
    denomination, sect, or religious body that erected it, whenever in
    the opinion of the Secretary public or military necessity so
    requires.

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

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    4354(a)      10:1125.                      July 23, 1892, ch. 237,  
                                                Sec. 6, 27 Stat. 263.   
    4354(b)                                                             
                 10:1126.                                               
                                               July 8, 1898, ch. 636,   
                                                30 Stat. 722.           
    --------------------------------------------------------------------

      In subsection (a), the words "and to prevent the introduction of
    unworthy subjects into this hall" and "entire" are omitted as
    surplusage.
      In subsection (b), the words "in his discretion" and "Government
    of" are omitted as surplusage. The words "United States" are
    substituted for the word "Government".

-End-



-CITE-
    10 USC Sec. 4355                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-
    Sec. 4355. Board of Visitors

-STATUTE-
      (a) A Board of Visitors to the Academy is constituted annually of
    - 
        (1) the chairman of the Committee on Armed Services of the
      Senate, or his designee;
        (2) three other members of the Senate designated by the Vice
      President or the President pro tempore of the Senate, two of whom
      are members of the Committee on Appropriations of the Senate;
        (3) the chairman of the Committee on Armed Services of the
      House of Representatives, or his designee;
        (4) four other members of the House of Representatives
      designated by the Speaker of the House of Representatives, two of
      whom are members of the Committee on Appropriations of the House
      of Representatives; and
        (5) six persons designated by the President.

      (b) The persons designated by the President serve for three years
    each except that any member whose term of office has expired shall
    continue to serve until his successor is appointed. The President
    shall designate two persons each year to succeed the members whose
    terms expire that year.
      (c) If a member of the Board dies or resigns, a successor shall
    be designated for the unexpired portion of the term by the official
    who designated the member.
      (d) The Board shall visit the Academy annually. With the approval
    of the Secretary of the Army, the Board or its members may make
    other visits to the Academy in connection with the duties of the
    Board or to consult with the Superintendent of the Academy.
      (e) The Board shall inquire into the morale and discipline, the
    curriculum, instruction, physical equipment, fiscal affairs,
    academic methods, and other matters relating to the Academy that
    the Board decides to consider.
      (f) Within 60 days after its annual visit, the Board shall submit
    a written report to the President of its action, and of its views
    and recommendations pertaining to the Academy. Any report of a
    visit, other than the annual visit, shall, if approved by a
    majority of the members of the Board, be submitted to the President
    within 60 days after the approval.
      (g) Upon approval by the Secretary, the Board may call in
    advisers for consultation.
      (h) While performing his duties, each member of the Board and
    each adviser shall be reimbursed under Government travel
    regulations for his travel expenses.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 245; Pub. L. 96-579, Sec.
    13(a), Dec. 23, 1980, 94 Stat. 3369; Pub. L. 104-106, div. A, title
    X, Sec. 1061(e)(2), title XV, Sec. 1502(a)(12), Feb. 10, 1996, 110
    Stat. 443, 503; Pub. L. 106-65, div. A, title X, Sec. 1067(1), Oct.
    5, 1999, 113 Stat. 774.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    4355(a)      10:1055.                      June 29, 1948, ch. 714,  
                                                Secs. 1-6, 62 Stat.     
                                                1094; June 30, 1954, ch.
                                                432, Sec. 732, 68 Stat. 
                                                356.                    
                                                                        
    4355(b)                                                             
                 10:1056 (1st sentence).                                
                 10:1056 (less 1st                                      
                  sentence).                                            
    4355(c)      10:1057.                                               
    4355(d)      10:1058.                                               
    4355(e)      10:1059(a).                                            
    4355(f)      10:1059(b).                                            
    4355(g)      10:1059(c).                                            
    4355(h)      10:1060.                                               
    --------------------------------------------------------------------

      In subsections (a) and (b), the word "designated" is substituted
    for the word "appointed" to make it clear that the positions
    described are not constitutional offices.
      Subsection (b) is substituted for 10:1056(e) (2d sentence).
      In subsection (c), the words "during the term for which such
    member was appointed" and "Such successor shall be appointed * * *
    who died or resigned" are omitted as surplusage.
      In subsection (g), the words "as it may deem necessary or
    advisable effectuate the duties imposed upon it by the provisions
    of sections 1055-1060 of this title" are omitted as surplusage.
      In subsection (h), the words "called for consultation by the
    Board in connection with the business of the Board" are omitted as
    surplusage.

                                AMENDMENTS                            
      1999 - Subsec. (a)(3). Pub. L. 106-65, substituted "Committee on
    Armed Services" for "Committee on National Security".
      1996 - Subsec. (a)(3). Pub. L. 104-106, Sec. 1502(a)(12),
    substituted "National Security" for "Armed Services".
      Subsec. (h). Pub. L. 104-106, Sec. 1061(e)(2), struck out "is
    entitled to not more than $5 a day and" after "each adviser".
      1980 - Subsec. (b). Pub. L. 96-579 required member whose term of
    office had expired to continue service until appointment of a
    successor.

-End-



-CITE-
    10 USC Sec. 4356                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-
    Sec. 4356. Use of certain gifts

-STATUTE-
      Under regulations prescribed by the Secretary of the Army, the
    Superintendent of the Academy may (without regard to section 2601
    of this title) accept, hold, administer, invest, and spend any
    gift, devise, or bequest of personal property of a value of $20,000
    or less made to the United States on the condition that such gift,
    devise, or bequest be used for the benefit of the Academy or any
    entity thereof. The Secretary may pay or authorize the payment of
    all reasonable and necessary expenses in connection with the
    conveyance or transfer of a gift, devise, or bequest under this
    section.

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

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    4356         10:4334 (note).               Sept. 8, 1982, Pub. L.   
                                                97-252, Sec. 1133(a), 96
                                                Stat. 761.              
    --------------------------------------------------------------------

      The word "Academy" is substituted for "United States Military
    Academy" for consistency in title 10.

                         APPLICABILITY OF SECTION                     
      Pub. L. 97-252, title XI, Sec. 1133, Sept. 8, 1982, 96 Stat. 761,
    provided that:
      "(a) [Repealed and reenacted as section 4356 of this title by
    Pub. L. 97-295, Secs. 1(41)(A), 6(b), Oct. 12, 1982, 96 Stat. 1297,
    1315.]
      "(b) This section [section 4356 of this title] applies with
    respect to any gift, devise, or bequest made on or after the date
    of the enactment of this Act [Sept. 8, 1982] for the purpose
    described in subsection (a) [section 4356 of this title] and
    applies to any such gift, devise, or bequest, or devise made before
    the date of the enactment of this Act with respect to which the
    Secretary of the Army has approved application of this section
    rather than section 2601 of title 10, United States Code."

-End-



-CITE-
    10 USC Sec. 4357                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    CHAPTER 403 - UNITED STATES MILITARY ACADEMY

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

-STATUTE-
      (a) Acceptance Authority. - Subject to subsection (c), the
    Secretary of the Army may accept from a donor or donors a qualified
    guarantee for the completion of a major project for the benefit of
    the Academy.
      (b) Obligation Authority. - The amount of a qualified guarantee
    accepted under this section shall be considered as contract
    authority to provide obligation authority for purposes of Federal
    fiscal and contractual requirements. Funds available for a project
    for which such a guarantee has been accepted may be obligated and
    expended for the project without regard to whether the total amount
    of the funds and other resources available for the project (not
    taking into account the amount of the guarantee) is sufficient to
    pay for completion of the project.
      (c) Notice of Proposed Acceptance. - The Secretary of the Army
    may not accept a qualified guarantee under this section for the
    completion of a major project until after the expiration of 30 days
    following the date upon which a report of the facts concerning the
    proposed guarantee is submitted to Congress or, if earlier, the
    expiration of 14 days following the date on which a copy of the
    report is provided in an electronic medium pursuant to section 480
    of this title.
      (d) Prohibition on Commingling of Funds. - The Secretary of the
    Army may not enter into any contract or other transaction involving
    the use of a qualified guarantee and appropriated funds in the same
    contract or transaction.
      (e) Definitions. - In this section:
        (1) Major project. - The term "major project" means a project
      for the purchase or other procurement of real or personal
      property, or for the construction, renovation, or repair of real
      or personal property, the total cost of which is, or is estimated
      to be, at least $1,000,000.
        (2) Qualified guarantee. - The term "qualified guarantee", with
      respect to a major project, means a guarantee that - 
          (A) is made by one or more persons in connection with a
        donation, specifically for the project, of a total amount in
        cash or securities that, as determined by the Secretary of the
        Army, is sufficient to defray a substantial portion of the
        total cost of the project;
          (B) is made to facilitate or expedite the completion of the
        project in reasonable anticipation that other donors will
        contribute sufficient funds or other resources in amounts
        sufficient to pay for completion of the project;
          (C) is set forth as a written agreement that provides for the
        donor to furnish in cash or securities, in addition to the
        donor's other gift or gifts for the project, any additional
        amount that may become necessary for paying the cost of
        completing the project by reason of a failure to obtain from
        other donors or sources funds or other resources in amounts
        sufficient to pay the cost of completing the project; and
          (D) is accompanied by - 
            (i) an irrevocable and unconditional standby letter of
          credit for the benefit of the Academy that is in the amount
          of the guarantee and is issued by a major United States
          commercial bank; or
            (ii) a qualified account control agreement.

        (3) Qualified account control agreement. - The term "qualified
      account control agreement", with respect to a guarantee of a
      donor, means an agreement among the donor, the Secretary of the
      Army, and a major United States investment management firm that -
      
          (A) ensures the availability of sufficient funds or other
        financial resources to pay the amount guaranteed during the
        period of the guarantee;
          (B) provides for the perfection of a security interest in the
        assets of the account for the United States for the benefit of
        the Academy with the highest priority available for liens and
        security interests under applicable law;
          (C) requires the donor to maintain in an account with the
        investment management firm assets having a total value that is
        not less than 130 percent of the amount guaranteed; and
          (D) requires the investment management firm, at any time that
        the value of the account is less than the value required to be
        maintained under subparagraph (C), to liquidate any noncash
        assets in the account and reinvest the proceeds in Treasury
        bills issued under section 3104 of title 31.

        (4) Major united states commercial bank. - The term "major
      United States commercial bank" means a commercial bank that - 
          (A) is an insured bank (as defined in section 3 of the
        Federal Deposit Insurance Act (12 U.S.C. 1813));
          (B) is headquartered in the United States; and
          (C) has net assets in a total amount considered by the
        Secretary of the Army to qualify the bank as a major bank.

        (5) Major united states investment management firm. - The term
      "major United States investment management firm" means any
      broker, dealer, investment adviser, or provider of investment
      supervisory services (as defined in section 3 of the Securities
      Exchange Act of 1934 (15 U.S.C. 78c) or section 202 of the
      Investment Advisers Act of 1940 (15 U.S.C. 80b-2)) or a major
      United States commercial bank that - 
          (A) is headquartered in the United States; and
          (B) holds for the account of others investment assets in a
        total amount considered by the Secretary of the Army to qualify
        the firm as a major investment management firm.

-SOURCE-
    (Added Pub. L. 106-65, div. B, title XXVIII, Sec. 2871(a)(1), Oct.
    5, 1999, 113 Stat. 871; amended Pub. L. 106-398, Sec. 1 [[div. A],
    title X, Sec. 1087(a)(17)], Oct. 30, 2000, 114 Stat. 1654, 1654A-
    291; Pub. L. 108-136, div. A, title X, Sec. 1031(a)(54), Nov. 24,
    2003, 117 Stat. 1603.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 4357, added Pub. L. 103-337, div. A, title V,
    Sec. 556(a)(1), Oct. 5, 1994, 108 Stat. 2774, related to position
    of athletic director of Academy and to administration of
    nonappropriated fund account for athletics program of Academy,
    prior to repeal by Pub. L. 104-106, div. A, title V, Sec.
    533(a)(1), Feb. 10, 1996, 110 Stat. 315.

                                AMENDMENTS                            
      2003 - Subsec. (c). Pub. L. 108-136 inserted before period at end
    "or, if earlier, the expiration of 14 days following the date on
    which a copy of the report is provided in an electronic medium
    pursuant to section 480 of this title".
      2000 - Subsec. (e)(5). Pub. L. 106-398 inserted a closing
    parenthesis after "80b-2)".

-End-



-CITE-
    10 USC Sec. 4358                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-
    Sec. 4358. Grants for faculty research for scientific, literary,
      and educational purposes: acceptance; authorized grantees

-STATUTE-
      (a) Acceptance of Research Grants. - The Secretary of the Army
    may authorize the Superintendent of the Academy to accept
    qualifying research grants under this section. Any such grant may
    only be accepted if the work under the grant is to be carried out
    by a professor or instructor of the Academy for a scientific,
    literary, or educational purpose.
      (b) Qualifying Grants. - A qualifying research grant under this
    section is a grant that is awarded on a competitive basis by an
    entity referred to in subsection (c) for a research project with a
    scientific, literary, or educational purpose.
      (c) Entities From Which Grants May be Accepted. - A grant may be
    accepted under this section only from a corporation, fund,
    foundation, educational institution, or similar entity that is
    organized and operated primarily for scientific, literary, or
    educational purposes.
      (d) Administration of Grant Funds. - The Secretary shall
    establish an account for administering funds received as research
    grants under this section. The Superintendent shall use the funds
    in the account in accordance with applicable regulations and the
    terms and conditions of the grants received.
      (e) Related Expenses. - Subject to such limitations as may be
    provided in appropriations Acts, appropriations available for the
    Academy may be used to pay expenses incurred by the Academy in
    applying for, and otherwise pursuing, award of a qualifying
    research grant.
      (f) Regulations. - The Secretary of the Army shall prescribe
    regulations for the administration of this section.

-SOURCE-
    (Added Pub. L. 105-261, div. A, title X, Sec. 1063(a)(1), Oct. 17,
    1998, 112 Stat. 2130.)

-End-



-CITE-
    10 USC Sec. 4359                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-
    Sec. 4359. Mixed-funded athletic and recreational extracurricular
      programs: authority to manage appropriated funds in same manner
      as nonappropriated funds

-STATUTE-
      (a) Authority. - In the case of an Academy mixed-funded athletic
    or recreational extracurricular program, the Secretary of the Army
    may designate funds appropriated to the Department of the Army and
    available for that program to be treated as nonappropriated funds
    and expended for that program in accordance with laws applicable to
    the expenditure of nonappropriated funds. Appropriated funds so
    designated shall be considered to be nonappropriated funds for all
    purposes and shall remain available until expended.
      (b) Covered Programs. - In this section, the term "Academy mixed-
    funded athletic or recreational extracurricular program" means an
    athletic or recreational extracurricular program of the Academy to
    which each of the following applies:
        (1) The program is not considered a morale, welfare, or
      recreation program.
        (2) The program is supported through appropriated funds.
        (3) The program is supported by a nonappropriated fund
      instrumentality.
        (4) The program is not a private organization and is not
      operated by a private organization.

-SOURCE-
    (Added Pub. L. 108-375, div. A, title V, Sec. 544(a)(1), Oct. 28,
    2004, 118 Stat. 1906.)


-MISC1-
                              EFFECTIVE DATE                          
      Pub. L. 108-375, div. A, title V, Sec. 544(d), Oct. 28, 2004, 118
    Stat. 1907, provided that: "Sections 4359, 6978, and 9359 of title
    10, United States Code, shall apply only with respect to funds
    appropriated for fiscal years after fiscal year 2004."

-End-



-CITE-
    10 USC Sec. 4360                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-
    Sec. 4360. Cadets: charges and fees for attendance; limitation

-STATUTE-
      (a) Prohibition. - Except as provided in subsection (b), no
    charge or fee for tuition, room, or board for attendance at the
    Academy may be imposed unless the charge or fee is specifically
    authorized by a law enacted after October 5, 1994.
      (b) Exception. - The prohibition specified in subsection (a) does
    not apply with respect to any item or service provided to cadets
    for which a charge or fee is imposed as of October 5, 1994. The
    Secretary of Defense shall notify Congress of any change made by
    the Academy in the amount of a charge or fee authorized under this
    subsection.

-SOURCE-
    (Added Pub. L. 108-375, div. A, title V, Sec. 545(a)(1), Oct. 28,
    2004, 118 Stat. 1908.)

-End-



-CITE-
    10 USC Sec. 4361                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    CHAPTER 403 - UNITED STATES MILITARY ACADEMY

-HEAD-
    Sec. 4361. Policy on sexual harassment and sexual violence

-STATUTE-
      (a) Required Policy. - Under guidance prescribed by the Secretary
    of Defense, the Secretary of the Army shall direct the
    Superintendent of the Academy to prescribe a policy on sexual
    harassment and sexual violence applicable to the cadets and other
    personnel of the Academy.
      (b) Matters To Be Specified in Policy. - The policy on sexual
    harassment and sexual violence prescribed under this section shall
    include specification of the following:
        (1) Programs to promote awareness of the incidence of rape,
      acquaintance rape, and other sexual offenses of a criminal nature
      that involve cadets or other Academy personnel.
        (2) Procedures that a cadet should follow in the case of an
      occurrence of sexual harassment or sexual violence, including - 
          (A) if the cadet chooses to report an occurrence of sexual
        harassment or sexual violence, a specification of the person or
        persons to whom the alleged offense should be reported and the
        options for confidential reporting;
          (B) a specification of any other person whom the victim
        should contact; and
          (C) procedures on the preservation of evidence potentially
        necessary for proof of criminal sexual assault.

        (3) Procedures for disciplinary action in cases of alleged
      criminal sexual assault involving a cadet or other Academy
      personnel.
        (4) Any other sanction authorized to be imposed in a
      substantiated case of sexual harassment or sexual violence
      involving a cadet or other Academy personnel in rape,
      acquaintance rape, or any other criminal sexual offense, whether
      forcible or nonforcible.
        (5) Required training on the policy for all cadets and other
      Academy personnel, including the specific training required for
      personnel who process allegations of sexual harassment or sexual
      violence involving Academy personnel.

      (c) Annual Assessment. - (1) The Secretary of Defense, through
    the Secretary of the Army, shall direct the Superintendent to
    conduct at the Academy during each Academy program year an
    assessment, to be administered by the Department of Defense, to
    determine the effectiveness of the policies, training, and
    procedures of the Academy with respect to sexual harassment and
    sexual violence involving Academy personnel.
      (2) For the assessment at the Academy under paragraph (1) with
    respect to an Academy program year that begins in an odd-numbered
    calendar year, the Secretary of the Army shall conduct a survey, to
    be administered by the Department of Defense, of Academy personnel -
     
        (A) to measure - 
          (i) the incidence, during that program year, of sexual
        harassment and sexual violence events, on or off the Academy
        reservation, that have been reported to officials of the
        Academy; and
          (ii) the incidence, during that program year, of sexual
        harassment and sexual violence events, on or off the Academy
        reservation, that have not been reported to officials of the
        Academy; and

        (B) to assess the perceptions of Academy personnel of - 
          (i) the policies, training, and procedures on sexual
        harassment and sexual violence involving Academy personnel;
          (ii) the enforcement of such policies;
          (iii) the incidence of sexual harassment and sexual violence
        involving Academy personnel; and
          (iv) any other issues relating to sexual harassment and
        sexual violence involving Academy personnel.

      (d) Annual Report. - (1) The Secretary of the Army shall direct
    the Superintendent of the Academy to submit to the Secretary a
    report on sexual harassment and sexual violence involving cadets or
    other personnel at the Academy for each Academy program year.
      (2) Each report under paragraph (1) shall include, for the
    Academy program year covered by the report, the following:
        (A) The number of sexual assaults, rapes, and other sexual
      offenses involving cadets or other Academy personnel that have
      been reported to Academy officials during the program year and,
      of those reported cases, the number that have been substantiated.
        (B) The policies, procedures, and processes implemented by the
      Secretary of the Army and the leadership of the Academy in
      response to sexual harassment and sexual violence involving
      cadets or other Academy personnel during the program year.
        (C) A plan for the actions that are to be taken in the
      following Academy program year regarding prevention of and
      response to sexual harassment and sexual violence involving
      cadets or other Academy personnel.

      (3) Each report under paragraph (1) for an Academy program year
    that begins in an odd-numbered calendar year shall include the
    results of the survey conducted in that program year under
    subsection (c)(2).
      (4)(A) The Secretary of the Army shall transmit to the Secretary
    of Defense, and to the Board of Visitors of the Academy, each
    report received by the Secretary under this subsection, together
    with the Secretary's comments on the report.
      (B) The Secretary of Defense shall transmit each such report,
    together with the Secretary's comments on the report, to the
    Committee on Armed Services of the Senate and the Committee on
    Armed Services of the House of Representatives.

-SOURCE-
    (Added Pub. L. 109-364, div. A, title V, Sec. 532(a)(1), Oct. 17,
    2006, 120 Stat. 2200.)


-MISC1-
       FURTHER INFORMATION FROM CADETS AND MIDSHIPMEN AT THE SERVICE
         ACADEMIES ON SEXUAL ASSAULT AND SEXUAL HARASSMENT ISSUES
      Pub. L. 109-364, div. A, title V, Sec. 532(b), Oct. 17, 2006, 120
    Stat. 2205, provided that:
      "(1) Use of focus groups for years when survey not required. - In
    any year in which the Secretary of a military department is not
    required by law to conduct a survey at the service academy under
    the Secretary's jurisdiction on matters relating to sexual assault
    and sexual harassment issues at that Academy, the Secretary shall
    provide for focus groups to be conducted at that Academy for the
    purposes of ascertaining information relating to sexual assault and
    sexual harassment issues at that Academy.
      "(2) Inclusion in report. - Information ascertained from a focus
    group conducted pursuant to paragraph (1) shall be included in the
    Secretary's annual report to Congress on sexual harassment and
    sexual violence at the service academies.
      "(3) Service academies. - For purposes of this subsection, the
    term 'service academy' means the following:
        "(A) The United States Military Academy.
        "(B) The United States Naval Academy.
        "(C) The United States Air Force Academy."

-End-


-CITE-
    10 USC [CHAPTER 405 - REPEALED]                             01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    [CHAPTER 405 - REPEALED]

-HEAD-
                         [CHAPTER 405 - REPEALED]                     

-End-



-CITE-
    10 USC Secs. 4381 to 4387                                   01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART III - TRAINING
    [CHAPTER 405 - REPEALED]

-HEAD-
    Secs. 4381 to 4387. Repealed.

-MISC1-
    [Secs. 4381 to 4387. Repealed. Pub. L. 88-647, title III, Sec.
      301(10), Oct. 13, 1964, 78 Stat. 1072].
      Sections, act Aug. 10, 1956, ch. 1041, 70A Stat. 246-248, related
    to the Reserve Officers' Training Corps and defined "advanced
    training", provided for its establishment and composition,
    admission and training of medical, dental pharmacy and veterinary
    students, set out courses of training, authorized the operation and
    maintenance of training camps, provided for supplies and uniforms
    and for advanced training and compensation therefor. See chapter
    103 of this title.
      Section 4384 was amended by Pub. L. 85-861, Sec. 1(104), Sept. 2,
    1958, 72 Stat. 1489.

-End-