dreamproit/uscode huggingface dataset:
10 U.S.C. § 7438 (ARMED FORCES)
§ 7438. Civilian faculty: number; compensation
(a) The Secretary of the Army may employ as many civilians as professors, instructors, and lecturers at the Academy as the Secretary considers necessary.
(b) The compensation of persons employed under this section is as prescribed by the Secretary.
(c) The Secretary of the Army may, notwithstanding the provisions of subchapter V of chapter 55 of title 5 or section 6101 of such title, prescribe for persons employed under this section the following:
(1) The work schedule, including hours of work and tours of duty, set forth with such specificity and other characteristics as the Secretary determines appropriate.
(2) Any premium pay or compensatory time off for hours of work or tours of duty in excess of the regularly scheduled hours or tours of duty.
(Added Pub. L. 103–160, div. A, title V, § 533(a)(1), Nov. 30, 1993, 107 Stat. 1658, § 4338; amended Pub. L. 106–65, div. A, title XI, § 1107(a), Oct. 5, 1999, 113 Stat. 778; renumbered § 7438, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
heading: Editorial Notes
heading: Prior Provisions
text: Prior sections 7438 and 7439 were renumbered sections 8738 and 8739 of this title, respectively.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 4338 of this title as this section.
1999—Subsec. (c). Pub. L. 106–65 added subsec. (c).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 7440 (ARMED FORCES)
§ 7440. Quartermaster
The Secretary of the Army shall detail a commissioned officer of the Army as quartermaster for the Corps of Cadets. The quartermaster shall—
(1) buy and issue all supplies for the cadets;
(2) buy and issue all provisions for the mess; and
(3) supervise the mess.
(Aug. 10, 1956, ch. 1041, 70A Stat. 240, § 4340; renumbered § 7440, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
4340
10:1067.
Aug. 7, 1876, ch. 255 (last par.), 19 Stat. 126.
The words “buy and issue all provisions for the mess” and “supervise the mess” are substituted for the words “all the duties of purveying and supervision for the mess”. The word “commissary” is omitted as obsolete. The words “and all supplies of all kinds and descriptions shall be furnished to the cadets at actual cost, without any commission or advance over said cost” are omitted to reflect Title IV of the National Security Act of 1947, as amended (61 Stat. 495), which authorized the Secretary of Defense to prescribe regulations governing the use and sale of certain inventories at cost, including applicable administrative expenses.
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 4340 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 7441 (ARMED FORCES)
§ 7441. Faculty and other officers: leaves of absence
The Superintendent of the Academy may grant a leave of absence for the period of the suspension of the ordinary academic studies, without deduction of pay or allowances, to a professor, assistant professor, instructor, or other officer of the Academy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 240, § 4341; renumbered § 7441, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
4341
10:1144.
R.S. 1330.
The words “under regulations prescribed by the Secretary of the Army” are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions.
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 4341 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 7441a (ARMED FORCES)
§ 7441a. Cadets: appointment by the President
Cadets at the Academy shall be appointed by the President alone. An appointment is conditional until the cadet is admitted.
(Added Pub. L. 97–60, title II, § 203(a)(2)(A), Oct. 14, 1981, 95 Stat. 1006, § 4341a; renumbered § 7441a, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 4341a of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
heading: Effective Date
text: Pub. L. 97–60, title II, § 203(d), Oct. 14, 1981, 95 Stat. 1007, provided that: “The amendments made by this section [enacting this section and section 9341a of this title and amending sections 4342, 6953, 6954, and 9342 of this title] shall take effect with respect to nominations for appointment to the first class admitted to each Academy after the date of the enactment of this Act [Oct. 14, 1981].”
10 U.S.C. § 7442a (ARMED FORCES)
§ 7442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate
(a) Senators.—
In the event a Senator does not submit all nominations for cadets allocated to such Senator for an academic year in accordance with section 7442(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator’s successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative.
(b) Representatives.—
In the event a Representative does not submit all nominations for cadets allocated to such Representative for an academic year in accordance with section 7442(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative’s successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State.
(c) Rule of Construction.—
The nomination of a cadet by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 7442 of this title.
(Added Pub. L. 117–81, div. A, title V, § 553(a)(1), Dec. 27, 2021, 135 Stat. 1736.)
10 U.S.C. § 7447 (ARMED FORCES)
§ 7447. Cadets; nominees: effect of redistricting of States
If as a result of redistricting a State the domicile of a cadet, or a nominee, nominated by a Representative falls within a congressional district other than that from which he was nominated, he is charged to the district in which his domicile so falls. For this purpose, the number of cadets otherwise authorized for that district is increased to include him. However, the number as so increased is reduced by one if he fails to become a cadet or when he is finally separated from the Academy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 243, § 4347; renumbered § 7447, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
4347
10:1091–1.
July 7, 1943, ch. 193, 57 Stat. 383.
The word “domicile” is substituted for the words “place of residence” to conform to opinions of the Judge Advocate General of the Army (R. 29, 83; J.A.G. 351.11, Feb. 10, 1925). The words “a * * * other than that from which he was nominated” are substituted for the word “another”. The words “were appointed with respect to”, “of the former district”, “as additional numbers”, “at such academy for the Representative”, “temporarily”, and “in attendance at such academy under an appointment from such former district” are omitted as surplusage. The words “the district in which his domicile so falls” are substituted for the words “of the latter district”. The words “to include him” are substituted for 10:1091–1 (18 words before proviso). The words “However, the number as so increased” are substituted for 10:1091–1 (1st 13 words of proviso). The words “if he fails to become a cadet” are inserted for clarity.
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 4347 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 7449 (ARMED FORCES)
§ 7449. Cadets: organization of Corps; service; instruction
(a) The Corps of Cadets shall be divided into companies, as directed by the Superintendent, for the purpose of military instruction. Each company shall be commanded by a commissioned officer of the Army.
(b) A cadet shall perform duties at such places and of such type as the President may direct.
(c) The course of instruction at the Academy is four years.
(d) The Secretary of the Army shall so arrange the course of studies at the Academy that cadets are not required to pursue their studies on Sunday.
(e) The Corps of Cadets shall be trained in the duties of members of the Army, shall be encamped at least three months in each year, and shall be trained in all duties incident to a camp.
(Aug. 10, 1956, ch. 1041, 70A Stat. 243, § 4349; renumbered § 7449, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
4349(a)
10:1105 (less last sentence).
R.S. 1322.
R.S. 1323.
4349(b)
4349(c)
4349(d)
4349(e)
10:1102.
10:1043.
10:1044.
10:1105 (last sentence).
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 Army” are substituted for the words “private soldier, noncommissioned officer, and officer”. The words “taught and” are omitted as surplusage.
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 4349 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 7450 (ARMED FORCES)
§ 7450. Cadets: clothing and equipment
(a) The Secretary of the Army may prescribe the amount to be credited to a cadet, upon original admission to the Academy, for the cost of his initial issue of clothing and equipment. That amount shall be deducted from his pay. If a cadet is discharged before graduation while owing the United States for pay advanced for the purchase of required clothing and equipment, he shall turn in so much of his clothing and equipment of a distinctive military nature as is necessary to repay the amount advanced. If the value of the clothing and equipment turned in does not cover the amount owed, the indebtedness shall be canceled.
(b) Under such regulations as the Secretary may prescribe, uniforms and equipment shall be furnished to a cadet at the Academy upon his request.
(Aug. 10, 1956, ch. 1041, 70A Stat. 244, § 4350; renumbered § 7450, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
4350(a)
4350(b)
10:1149a.
10:1106.
Aug. 31, 1918, ch. 166, § 9 (17th through 22d words), 40 Stat. 957.
Aug. 22, 1951, ch. 340, § 1, 65 Stat. 196.
In subsection (a), the words “while owing the United States for pay advanced for the purchase of” are substituted for the words “who is indebted to the United States on account of advances of pay to purchase”. The words “as is necessary to repay the amount advanced” are substituted for the words “to the extent required to discharge such indebtedness”.
In subsection (b), the word “accouterments” is omitted as surplusage. The words “by the Government” and “such restrictions and” are omitted as surplusage. The words “at cost” are omitted to reflect Title IV of the National Security Act of 1947, as amended (63 Stat. 585), which authorized the Secretary of Defense to prescribe regulations governing the use and sale of certain inventories at cost, including applicable administrative expenses. (See opinion of the Assistant General Counsel (Fiscal Matters) of the Office of the Secretary of Defense, January 4, 1955.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 4350 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 7452 (ARMED FORCES)
§ 7452. Cadets: hazing
(a) Subject to the approval of the Secretary of the Army, the Superintendent of the Academy shall issue regulations—
(1) defining hazing;
(2) designed to prevent that practice; and
(3) prescribing dismissal, suspension, or other adequate punishment for violations.
(b) If a cadet who is charged with violating a regulation issued under subsection (a), the penalty for which is or may be dismissal from the Academy, requests in writing a trial by a general court-martial, he may not be dismissed for that offense except under sentence of such a court.
(c) A cadet dismissed from the Academy for hazing may not be reappointed to the Corps of Cadets, and is ineligible for appointment as a commissioned officer in a regular component of the Army, Navy, Air Force, Marine Corps, or Space Force, until two years after the graduation of his class.
(Aug. 10, 1956, ch. 1041, 70A Stat. 244, § 4352; renumbered § 7452, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839; amended Pub. L. 116–283, div. A, title IX, § 924(c)(1)(A), Jan. 1, 2021, 134 Stat. 3826.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
4352(a)
4352(b)
4352(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.
heading: Editorial Notes
heading: Amendments
text: 2021—Subsec. (c). Pub. L. 116–283 substituted “Marine Corps, or Space Force” for “or Marine Corps”.
2018—Pub. L. 115–232 renumbered section 4352 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 7454 (ARMED FORCES)
§ 7454. Buildings and grounds: memorial hall; buildings for religious worship
(a) The memorial hall at the Academy is a repository for statues, busts, mural tablets, portraits of distinguished and deceased officers and graduates of the Academy, paintings of battle scenes, trophies of war, and other objects that may tend to elevate the military profession. No object may be placed in this hall without the approval of two-thirds of the members of the Academic Board of the Academy by a recorded vote taken by ayes and nays.
(b) The Secretary of the Army may authorize any denomination, sect, or religious body to erect a building for religious worship on the West Point Military Reservation, if its erection will not interfere with the use of the reservation for military purposes and will be without expense to the United States. Such a building shall be removed, or its location changed, without compensation for it and without other expense to the United States, by the denomination, sect, or religious body that erected it, whenever in the opinion of the Secretary public or military necessity so requires.
(Aug. 10, 1956, ch. 1041, 70A Stat. 245, § 4354; renumbered § 7454, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
4354(a)
4354(b)
10:1125.
10:1126.
July 23, 1892, ch. 237, § 6, 27 Stat. 263.
July 8, 1898, ch. 636, 30 Stat. 722.
In subsection (a), the words “and to prevent the introduction of unworthy subjects into this hall” and “entire” are omitted as surplusage.
In subsection (b), the words “in his discretion” and “Government of” are omitted as surplusage. The words “United States” are substituted for the word “Government”.
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 4354 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 7456 (ARMED FORCES)
§ 7456. Use of certain gifts
Under regulations prescribed by the Secretary of the Army, the Superintendent of the Academy may (without regard to section 2601 of this title) accept, hold, administer, invest, and spend any gift, devise, or bequest of personal property of a value of $20,000 or less made to the United States on the condition that such gift, devise, or bequest be used for the benefit of the Academy or any entity thereof. The Secretary may pay or authorize the payment of all reasonable and necessary expenses in connection with the conveyance or transfer of a gift, devise, or bequest under this section.
(Added Pub. L. 97–295, § 1(41)(A), Oct. 12, 1982, 96 Stat. 1297, § 4356; renumbered § 7456, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
4356
10:4334 (note).
Sept. 8, 1982, Pub. L. 97–252, § 1133(a), 96 Stat. 761.
The word “Academy” is substituted for “United States Military Academy” for consistency in title 10.
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 4356 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
heading: Applicability of Section
text: Pub. L. 97–252, title XI, § 1133, Sept. 8, 1982, 96 Stat. 761, provided that:
“(a) [Repealed and reenacted as section 4356 (now 7456) of this title by Pub. L. 97–295, §§ 1(41)(A), 6(b), Oct. 12, 1982, 96 Stat. 1297, 1315.]
“(b) This section applies with respect to any gift, devise, or bequest made on or after the date of the enactment of this Act [Sept. 8, 1982] for the purpose described in subsection (a) [see text of section 7456 of this title] and applies to any such gift, devise, or bequest, or devise made before the date of the enactment of this Act with respect to which the Secretary of the Army has approved application of this section rather than section 2601 of title 10, United States Code.”