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10 U.S.C. § 9333a (ARMED FORCES)
§ 9333a. Superintendent: condition for detail to position
(a) Retirement.—
As a condition for detail to the position of Superintendent of the Academy, an officer shall acknowledge that upon termination of that detail the officer shall be retired pursuant to section 8921(a) of this title, unless such retirement is waived under section 8921(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 Air Force shall submit to Congress notice that such officer left the position of Superintendent without having completed three years service in that position, together with a statement of the reasons why that officer did not complete three years service in that position.
(Added Pub. L. 106–65, div. A, title V, § 532(a)(3)(B), Oct. 5, 1999, 113 Stat. 603; amended Pub. L. 108–375, div. A, title V, § 541(b)(3), Oct. 28, 2004, 118 Stat. 1903.)
heading: Amendments
text: 2004—Pub. L. 108–375 designated existing provisions as subsec. (a), inserted heading, inserted “pursuant to section 8921(a) of this title, unless such retirement is waived under section 8921(b) of this title” before period at end, and added subsec. (b).
heading: Application of Section to Superintendents Serving on October 5, 1999
text: 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.
10 U.S.C. § 9334 (ARMED FORCES)
§ 9334. Command and supervision
(a) The immediate government of the Academy is under the Superintendent, who is also the commanding officer of the Academy and of the military post.
(b) The permanent professors and the director of admissions exercise command only in the academic department of the Academy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 562; Pub. L. 85–600, § 1(21), Aug. 6, 1958, 72 Stat. 524; Pub. L. 101–189, div. A, title V, § 515(a)(3), Nov. 29, 1989, 103 Stat. 1441.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
9334(a)
10:1042.
R.S. 1311.
9334(b)
10:1079.
June 28, 1902, ch. 1300 (1st proviso under “Permanent Establishment”), 32 Stat. 409.
In subsection (a), the words “and, in his absence, the next in rank” are omitted as surplusage.
In subsection (b), reference to assimilated rank is omitted as superseded by section 9336 of this title. The words “and the associate professor” are omitted as obsolete.
heading: Amendments
text: 1989—Subsec. (b). Pub. L. 101–189 substituted “director of admissions” for “registrar”.
1958—Subsec. (b). Pub. L. 85–600 inserted reference to registrar.
10 U.S.C. § 9337 (ARMED FORCES)
§ 9337. Chaplain
There shall be a chaplain at the Academy, who must be a clergyman, appointed by the President for a term of four years. The chaplain is entitled to the same allowances for public quarters as are allowed to a captain, and to fuel and light for quarters in kind. The chaplain may be reappointed.
(Aug. 10, 1956, ch. 1041, 70A Stat. 562; Pub. L. 87–651, title I, § 117, Sept. 7, 1962, 76 Stat. 513.)
text: Historical and Revision Notes
1956 Act
Revised section
Source (U.S. Code)
Source (Statutes at Large)
9337
10:1083.
10:1137.
Feb. 18, 1896, ch. 22 (proviso), 29 Stat. 8; May 16, 1928, ch. 579, 45 Stat. 573; June 2, 1945, ch. 172, 59 Stat. 230.
The words “The chaplain may be reappointed” are substituted for the words “and said chaplain shall be eligible for reappointment for an additional term or terms”. The figures “$5,482.80” and “$6,714” are substituted for the figures “$4,000” and “$5,000” to reflect increases in the rates of salary of that office effected by Federal Employees Pay Act of 1945, 59 Stat. 295, the Federal Employees Pay Act of 1946, 60 Stat. 216, the Postal Rate Revision and Federal Employees Salary Act of 1948, 62 Stat. 1260, and the Classification Act of 1949, 63 Stat. 954.
heading: 1962 Act
text: 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).
heading: Amendments
text: 1962—Pub. L. 87–651 struck out provisions which prescribed salary of chaplain upon appointment and reappointment.
heading: Delegation of Functions
text: 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.
10 U.S.C. § 9338 (ARMED FORCES)
§ 9338. Civilian faculty: number; compensation
(a) The Secretary of the Air Force may employ as many civilians as professors, instructors, and lecturers at the Academy as the Secretary considers necessary.
(b) The compensation of persons employed under this section is as prescribed by the Secretary.
(c) The Secretary of the Air Force may, notwithstanding the provisions of subchapter V of chapter 55 of title 5 or section 6101 of such title, prescribe for persons employed under this section the following:
(1) The work schedule, including hours of work and tours of duty, set forth with such specificity and other characteristics as the Secretary determines appropriate.
(2) Any premium pay or compensatory time off for hours of work or tours of duty in excess of the regularly scheduled hours or tours of duty.
(Added Pub. L. 103–160, div. A, title V, § 533(b)(1), Nov. 30, 1993, 107 Stat. 1658; amended Pub. L. 106–65, div. A, title XI, § 1107(c), Oct. 5, 1999, 113 Stat. 778.)
heading: Amendments
text: 1999—Subsec. (c). Pub. L. 106–65 added subsec. (c).
10 U.S.C. § 9341 (ARMED FORCES)
§ 9341. Faculty and other officers: leaves of absence
The Superintendent of the Academy may grant a leave of absence for the period of the suspension of the ordinary academic studies, without deduction of pay or allowances, to a professor, assistant professor, instructor, or other officer of the Academy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 563.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
9341
10:1144.
R.S. 1330.
The words “under regulations prescribed by the Secretary of the Army” are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions.
10 U.S.C. § 9341a (ARMED FORCES)
§ 9341a. Cadets: appointment by the President
Cadets at the Academy shall be appointed by the President alone. An appointment is conditional until the cadet is admitted.
(Added Pub. L. 97–60, title II, § 203(c)(2)(A), Oct. 14, 1981, 95 Stat. 1006.)
heading: Effective Date
text: Section effective with respect to nominations for appointment to the first class admitted to each Academy after Oct. 14, 1981, see section 203(d) of Pub. L. 97–60, set out as a note under section 4341a of this title.
10 U.S.C. § 9345a (ARMED FORCES)
§ 9345a. Foreign and cultural exchange activities
(a) Attendance Authorized.—
The Secretary of the Air Force may authorize the Air Force Academy to permit students, officers, and other representatives of a foreign country to attend the Air Force Academy for periods of not more than two weeks if the Secretary determines that the attendance of such persons contributes significantly to the development of foreign language, cross cultural interactions and understanding, and cultural immersion of cadets.
(b) Costs and Expenses.—
The Secretary may pay the travel, subsistence, and similar personal expenses of persons incurred to attend the Air Force Academy under subsection (a).
(c) Effect of Attendance.—
Persons attending the Air Force Academy under subsection (a) are not considered to be students enrolled at the Air Force Academy and are in addition to persons receiving instruction at the Air Force Academy under section 9344 or 9345 of this title.
(d) Source of Funds; Limitation.—
(1) The Air Force Academy shall bear the costs of the attendance of persons under subsection (a) from funds appropriated for the Air Force Academy and from such additional funds as may be available to the Air Force Academy from a source, other than appropriated funds, to support cultural immersion, regional awareness, or foreign language training activities in connection with their attendance.
(2) Expenditures from appropriated funds in support of activities under this section may not exceed $40,000 during any fiscal year.
(Added Pub. L. 110–417, [div. A], title V, § 541(c)(1), Oct. 14, 2008, 122 Stat. 4456.)
10 U.S.C. § 9346 (ARMED FORCES)
§ 9346. Cadets: requirements for admission
(a) To be eligible for admission to the Academy a candidate must be at least 17 years of age and must not have passed his twenty-third birthday on July 1 of the year in which he enters the Academy.
(b) To be admitted to the Academy, an appointee must show, by an examination held under regulations prescribed by the Secretary of the Air Force, that he is qualified in the subjects prescribed by the Secretary.
(c) A candidate designated as a principal or an alternate for appointment as a cadet shall appear for physical examination at a time and place designated by the Secretary.
(d) To be admitted to the Academy, an appointee must take and subscribe to an oath prescribed by the Secretary of the Air Force. If a candidate for admission refuses to take and subscribe to the prescribed oath, his appointment is terminated.
(Aug. 10, 1956, ch. 1041, 70A Stat. 565; Pub. L. 89–718, § 47, Nov. 2, 1966, 80 Stat. 1121; Pub. L. 104–201, div. A, title V, § 555(d), Sept. 23, 1996, 110 Stat. 2527.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
9346(a)
9346(b)
9346(c)
10:1092b (less provisos).
10:1096.
10:1095.
June 30, 1950, ch. 421, § 2 (less provisos), 64 Stat. 304.
R.S. 1319; restated Mar. 2, 1901, ch. 804 (1st proviso under “Permanent Establishment”), 31 Stat. 911.
Aug. 9, 1912, ch. 275 (2d proviso under “Permanent Establishment”), 37 Stat. 252.
In subsection (a), the words “Effective January 1, 1951” are omitted as executed. The word “Calendar” is omitted as surplusage. The words “must not have passed his twenty-second birthday” are substituted for the words “not more than twenty-two years of age”, to make it clear that a person whose twenty-second birthday falls on July 1 of the year of admission is eligible (see opinion of the Judge Advocate General of the Army (JAGA 1952/7083, 2 Sept. 1952)).
In subsection (b), the words “is qualified in” are substituted for the words “to be well versed in”. The words “To be” are substituted for the words “before they shall be”. The words “an appointee must show that he is qualified” are substituted for the words “shall be required to be well versed”. The words “from time to time” are omitted as surplusage.
In subsection (c), the word “shall” is substituted for the word “may”, since the nominee is required to appear for the examination. The word “appear” is substituted for the words “present himself”. The words “at a place” are substituted for the words “at West Point, New York, or other prescribed places”.
heading: Amendments
text: 1996—Subsec. (a). Pub. L. 104–201 substituted “twenty-third birthday” for “twenty-second birthday”.
1966—Subsec. (d). Pub. L. 89–718 added subsec. (d).
heading: Authority To Waive Maximum Age Limitation on Admission to Service Academies for Certain Enlisted Members Who Served During Persian Gulf War
text: For authority to waive maximum age limitation in subsec. (a) of this section on basis of service on active duty in connection with Operation Desert Storm, see section 514 of Pub. L. 102–190, set out as a note under section 4346 of this title.
10 U.S.C. § 9347 (ARMED FORCES)
§ 9347. Cadets; nominees: effect of redistricting of States
If as a result of redistricting a State the domicile of a cadet, or a nominee, nominated by a Representative falls within a congressional district other than that from which he was nominated, he is charged to the district in which his domicile so falls. For this purpose, the number of cadets otherwise authorized for that district is increased to include him. However, the number as so increased is reduced by one if he fails to become a cadet or when he is finally separated from the Academy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 565.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
9347
10:1091–1.
July 7, 1943, ch. 193, 57 Stat. 383.
The word “domicile” is substituted for the words “place of residence” and “residence” to conform to opinions of the Judge Advocate General of the Army (R. 29, 83; J.A.G. 351.11, Feb. 10, 1925). The words “a * * * other than that from which he was nominated” are substituted for the word “another”. The words “were appointed with respect to”, “of the former district”, “as additional numbers”, “at such academy for the Representative”, “temporarily”, and “in attendance at such academy under an appointment from such former district” are omitted as surplusage. The words “the district in which his domicile so falls” are substituted for the words “of the latter district”. The words “to include him” are substituted for 10:1091–1 (18 words before proviso). The words “but the number as so increased” are substituted for 10:1091–1 (1st 13 words of proviso). The words “if he fails to become a cadet” are inserted for clarity.
10 U.S.C. § 9349 (ARMED FORCES)
§ 9349. Cadets: organization; service; instruction
(a) A cadet shall perform duties at such places and of such type as the President may direct.
(b) The course of instruction at the Academy is four years.
(c) The Secretary of the Air Force shall so arrange the course of studies at the Academy that cadets are not required to pursue their studies on Sunday.
(d) Cadets shall be trained in the duties of members of the Air Force.
(Aug. 10, 1956, ch. 1041, 70A Stat. 566.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
9349(a)
10:1102.
R.S. 1322.
9349(b)
10:1043.
R.S. 1323.
9349(c)
9349(d)
10:1044.
10:1105.
Mar. 30, 1920, ch. 112 (1st par., less provisos, under “Miscellaneous”), 41 Stat. 548.
R.S. 1324.
In subsection (a), the word “commissioned” is inserted for clarity. 10:1105 (2d sentence) is omitted as obsolete.
In subsection (b), the word “perform” is substituted for the words “be subject at all times to do”. The words “of such type” are substituted for the words “on such service”.
In subsection (e), the words “members of the Air Force” are substituted for the words “private soldier, noncommissioned officer, and officer”. The words “taught and” are omitted as surplusage. 10:1105 (less 1st 18 words of last sentence) is omitted as inapplicable to the Air Force.
10 U.S.C. § 9350 (ARMED FORCES)
§ 9350. Cadets: clothing and equipment
(a) The Secretary of the Air Force may prescribe the amount to be credited to a cadet, upon original admission to the Academy, for the cost of his initial issue of clothing and equipment. That amount shall be deducted from his pay. If a cadet is discharged before graduation while owing the United States for pay advanced for the purchase of required clothing and equipment, he shall turn in so much of his clothing and equipment of a distinctive military nature as is necessary to repay the amount advanced. If the value of the clothing and equipment turned in does not cover the amount owed, the indebtedness shall be canceled.
(b) Under such regulations as the Secretary may prescribe, uniforms and equipment shall be furnished to a cadet at the Academy upon his request.
(Aug. 10, 1956, ch. 1041, 70A Stat. 566.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
9350(a)
9350(b)
10:1149a.
10:1106.
Aug. 31, 1918, ch. 166, § 9 (17th through 22d words), 40 Stat. 957.
Aug. 22, 1951, ch. 340, § 1, 65 Stat. 196.
In subsection (a), the words “while owing the United States for pay advanced for the purpose of” are substituted for the words “who is indebted to the United States on account of advances in pay to purchase”. The words “as is necessary to repay the amount advanced” are substituted for the words “to the extent required to discharge such indebtedness”.
In subsection (b), the word “accouterments” is omitted as surplusage. The words “by the Government” and “such restrictions and” are omitted as surplusage. The words “at cost” are omitted to reflect Title IV of the National Security Act of 1947, as amended (63 Stat. 585), which authorized the Secretary of Defense to prescribe regulations governing the use and sale of certain inventories at cost, including applicable administrative expenses. (See opinion of the Assistant General Counsel (Fiscal Matters) of the Office of the Secretary of Defense, January 4, 1955.)
10 U.S.C. § 9351 (ARMED FORCES)
§ 9351. Cadets: deficiencies in conduct or studies; effect of failure on successor
(a) A cadet who is reported as deficient in conduct or studies and recommended to be discharged from the Academy may not, unless recommended by the Academy Board, be returned or reappointed to the Academy.
(b) Any cadet who fails to pass a required examination because he is deficient in any one subject of instruction is entitled to a reexamination of equal scope and difficulty in that subject, if he applies in writing to the Superintendent within 10 days after he is officially notified of his failure. The reexamination shall be held within 60 days after the date of his application. If the cadet passes the reexamination and is otherwise qualified, he shall be readmitted to the Academy. If he fails, he may not have another examination.
(c) The failure of a member of a graduating class to complete the course with his class does not delay the admission of his successor.
(Aug. 10, 1956, ch. 1041, 70A Stat. 566.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
9351(a)
9351(b)
9351(c)
10:1104.
10:1103.
10:1092b (1st proviso).
Aug. 11, 1916, ch. 314 (3d, 4th, and 5th provisos under “Permanent Establishment”), 39 Stat. 493.
R.S. 1325.
June 30, 1950, ch. 421, § 2 (1st proviso), 64 Stat. 304.
In subsection (a), 10:1104 (last 20 words) is omitted as superseded by section 8287(d) of this title.
In subsection (b), the words “is entitled to” are substituted for the words “shall have the right to apply”. The words “of equal scope and difficulty in that subject” are substituted for the words “by compliance with the requirements existing at the time of the first examination”.
In subsection (c), the words “by reason of sickness, or deficiency in his studies, or other cause” are omitted as surplusage.
10 U.S.C. § 9352 (ARMED FORCES)
§ 9352. Cadets: hazing
(a) Subject to the approval of the Secretary of the Air Force, the Superintendent of the Academy shall issue regulations—
(1) defining hazing;
(2) designed to prevent that practice; and
(3) prescribing dismissal, suspension, or other adequate punishment for violations.
(b) If a cadet who is charged with violating a regulation issued under subsection (a), the penalty for which is or may be dismissal from the Academy, requests in writing a trial by a general court-martial, he may not be dismissed for that offense except under sentence of such a court.
(c) A cadet dismissed from the Academy for hazing may not be reappointed as an Air Force cadet, and is ineligible for appointment as a commissioned officer in a regular component of the Army, Navy, Air Force, or Marine Corps, until two years after the graduation of his class.
(Aug. 10, 1956, ch. 1041, 70A Stat. 566.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
9352(a)
9352(b)
9352(c)
10:1163 (1st par.).
10:1163 (1st 32 words of last par.).
10:1163 (last par., less 1st 32 words).
Mar. 2, 1901, ch. 804 (2d proviso under “Permanent Establishment”); restated Apr. 19, 1910, ch. 174 (38th par. under “Buildings and Grounds”), 36 Stat. 323.
In subsection (a), the word “violations” is substituted for the words “infractions of the same”. The words “to embody a clear” are omitted as surplusage.
In subsection (b), the words “the penalty for which is or may be” are substituted for the words “which would involve”. The words “may not be dismissed for that offense except under sentence of such a court” are substituted for the words “shall be granted”.
In subsection (c), the words “a regular component” are inserted, since the source statute historically applied only to the regular components.
10 U.S.C. § 9354 (ARMED FORCES)
§ 9354. Buildings and grounds: buildings for religious worship
The Secretary of the Air Force may authorize any denomination, sect, or religious body to erect a building for religious worship at the Air Force Academy, if its erection will not interfere with the use of the reservation for military purposes and will be without expense to the United States. Such a building shall be removed, or its location changed, without compensation for it and without expense to the United States, by the denomination, sect, or religious body that erected it, whenever in the opinion of the Secretary public or military necessity so requires.
(Aug. 10, 1956, ch. 1041, 70A Stat. 567.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
9354
10:1126.
July 8, 1898, ch. 636, 30 Stat. 722.
The words “in his discretion” and “Government of” are omitted as surplusage. The words “United States” are substituted for the word “Government”.
10 U.S.C. § 9357 (ARMED FORCES)
§ 9357. Grants for faculty research for scientific, literary, and educational purposes: acceptance; authorized grantees
(a) Acceptance of Research Grants.—
The Secretary of the Air Force may authorize the Superintendent of the Academy to accept qualifying research grants under this section. Any such grant may only be accepted if the work under the grant is to be carried out by a professor or instructor of the Academy for a scientific, literary, or educational purpose.
(b) Qualifying Grants.—
A qualifying research grant under this section is a grant that is awarded on a competitive basis by an entity referred to in subsection (c) for a research project with a scientific, literary, or educational purpose.
(c) Entities From Which Grants May be Accepted.—
A grant may be accepted under this section only from a corporation, fund, foundation, educational institution, or similar entity that is organized and operated primarily for scientific, literary, or educational purposes.
(d) Administration of Grant Funds.—
The Secretary shall establish an account for administering funds received as research grants under this section. The Superintendent shall use the funds in the account in accordance with applicable regulations and the terms and conditions of the grants received.
(e) Related Expenses.—
Subject to such limitations as may be provided in appropriations Acts, appropriations available for the Academy may be used to pay expenses incurred by the Academy in applying for, and otherwise pursuing, award of a qualifying research grant.
(f) Regulations.—
The Secretary of the Air Force shall prescribe regulations for the administration of this section.
(Added Pub. L. 105–261, div. A, title X, § 1063(c)(1), Oct. 17, 1998, 112 Stat. 2131.)