An Act to amend title 10, United States Code, relating to the nomination and selection of candidates for appointment to the Military, Naval, and Air Force Academies
PL 88-276 (H.R.7356), enacted 03/03/1964

148 
PUBLIC LAW 88-275-FEB. 29, 1964 
Public Law 88-275 
[78 STAT. 
February 29, 1964 
^^ 
A C T 
[S- 2317] 
rjiQ amend the provisions of section 15 of the Shipping Act, 1916, to provide for 
the exemption of certain terminal leases from penalties. 
Shipping Act, 
amendment. 
Terminal leases. 
75 Stat. 763. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Con-gress assembled, That section 15 of 
the Shipping Act, 1916 (46 U.S.C. 814), be amended by inserting at 
the end thereof the following: ^^Provided, hoivever, That the penalty 
provisions of this section shall not apply to leases, licenses, assignments, 
or other agreements of similar character for the use of terminal prop-
erty or facilities which were entered into before the date of enactment 
of this Act, and, if continued in effect beyond said date, submitted to 
the Federal Maritime Commission for approval prior to or within 
ninety days after the enactment of this Act, unless such leases, licenses, 
assignments, or other agreements for the use of terminal facilities are 
disapproved, modified, or canceled by the Commission and are con-
tinued in operation without regard to the Commission's action thereon. 
The Commission shall promptly approve, disapprove, cancel, or 
modify each such agreement in accordance with the provisions of this 
section." 
Approved February 29, 1964. 
March 3, 1964 
[H. R. 7356] 
Public Law 88-276 
AN ACT 
To amend title 1
(
K I'liited States Code, relating to the nomination and selection 
of candi«i!ites fi»i- nppointment to tlie Military, Naval, and Air Force 
Academies. 
U.S. Military, 
Naval, and Air 
Academies. 
Appointments. 
70A Stat. 240. 
Sons of certain 
veterans. 
Be it enarfed hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled. That chapter 403 of 
title 10, United States Code, is amended as follows: 
(1) Section 4342 is amended to read as follows: 
*
*
§ 4342. Cadets: appointment; numbers, territorial distribution 
"(a) The authorized strength of the Corps of Cadets of the Acade-
my is as follows: 
"(1) 40 cadets selected in order of merit as established by 
competitive examinations from the sons of members of the armed 
forces who were killed in action or died of wounds or injuries 
received or diseases contracted in, or preexisting injury or disease 
aggravated by, active service— 
"(A) during World War 1 or World War I I as defined 
by laws providing service-connected compensation or pension 
benefits for veterans of those wars and their dependents: 
or 
"(B) after June 26,1950, and before February 1,1955. 
The determination of the Veterans' Administration as to service 
connection of the cause of death is binding upon the Secretary 
of the Army. 
"(2) Five cadets nominated at large by the Vice President. 
"(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. 
78 STAT. ] 
PUBLIC LAW 88-276-MAR. 3, 1964 
149 
"(5) Five cadets from the District of Columbia, nominated by 
the Commissioners of that District. 
"(6) Five cadets from each Territory, nominated by the Dele-
gate in Congress from the Territory. 
"(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) One cadet nominated by the Governor of the Panama 
Canal from the sons of civilians residing in the Canal Zone or 
the sons of civilian personnel of the United States Government, 
or the Panama Canal Company, residing in the Republic of 
Panama. 
"(9) One cadet from American Samoa, Guam, or the Virgin 
Islands nominated by the Secretary of the Army upon recommen-
dations of their respective Governors. 
Each Senator, Representative, and Delegate in (J'ongress, including 
the Resident Commissioner from Puerto Rico, is entitled to nominate 
a principal candidate and five alternates for each vacancy that is 
available to him under this section. 
"(b) In addition, there may be appointed each year at the Academy 
cadets as follows: 
"(1) 75 selected by the President from the sous of members of 
regular components of the armed forces. 
' (2) 85 nominated by the Secretary of the Army from enlisted 
members of the Regular Army. 
"(3) 85 nominated by the Secretary of (he Army from enlisted 
members of the Army Reserve. 
"(4) :^) noiuinaled by the Secretary of the Army, under regu-
lations prescril)ed by him, from the honor graduates of schools 
designated as honor schools by the Department of the Army, the 
Department of the Xavy, 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 
sons of persons who have been awarded the Medal of Honor for acts 
performed while in the armed forces. 
"(d) All cadets are appointed by the President. 
An apjK)intment 
is cx)nditional until the cadet is admitted. 
"(e) If the annual quota of cadets under subsection (b) (1), (2), 
(3) is not filled, the Secretary may fill the vacancies by nominating 
fixr appointment other candidates from any of these sources who 
were found l)est qualified on examination for admission and not 
othei'wise nominated. 
"(f) Each candidate for admission nominated under clauses (3)-
(7) and (9) of subsection (a) must be domiciled in the State or Terri-
tory, or in the congi'essional district, from which he is nominated, 
c)r 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 adequatelv accommodated at the Academy, as detemiined by the 
Secretary after consulting with the (Committees on Anned Services 
of the Senate and 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. 
70A Stat. 242. 
Sons of Medal 
of Honor winners. 
Unfilled quotas. 
Conditions. 
Secretary of 
Army. 
Authority. 
150 
PUBLIC LAW 88-276-lVIAR. 3, 1964 
[78 STAT. 
Information to 
Congress. 
Alternates. 
Appointment. 
70A Stat. 429. 
Congre s sional 
appo intment s. 
Secretary of 
Navy. 
Authority. 
"(2) If the Secretai-y limits the iiuiiil)er of appoijitiiients inider 
subsection (a) (8) or (4), appointments iiii(ler subsection (h) 
(l)-(4) are limited as follows: 
*'(A) 27 appoiutmejits uuder subsection (b) (1) ; 
*'(B) 27 ap])ointuiems under sulxsection (b)C2): 
"(C) 27 appointments under subsection (b)(8); and 
"'(D) 18 appointments under subsection (b)(4). 
"(3) If the Se<'retary limits tlie luimber of appointments under 
siibsection (b)(r)). appointuients under subsectiojj (b) (2)-(4) 
:i re 1 imited as fol 1
< >vvs: 
"(A) 27 appointuients ujidersuhsectioji (b)(2) ; 
''(B) 27 apix>intments uuder subsection (b) (8); and 
''(C) 18 appoiutnients mider subsection (b) (4). 
"(4) The limitations provided for in this sul)section do not 
atfect the operatiou of sul)section (e). 
"(h) Eii'ective beginuiujr with nominaticms for appointment to 
the Academy in the ••alentlaj- year 11)()4, the Seci-etary of the Army 
shall furnish to any .Member of Congress, u])on the written re<piest 
of such Meml)er, the name of the CoHji^ressman or other Jiominatiiig 
authority responsible foi* the nomination of any named or identitied 
person for appointnjeiit to the Aca<lemy." 
(2) The text of section 4848 is amended to read as follows: 
"If h is <letermined that, upon the admission of a uew 
class to the A<ademy, the nunjl)er of cadets at the Academy 
will be l>elow the authorized numliei-, the Seci'etai*y of the 
.\rmy may Hll the vacancies by nominatin<r additional cadets 
from qualified candidates desijrnated as alterimtes and from 
«)ther 4ualiHed can<lidates who compete<l for nomination an«I 
are reconnneuded and found qiuilitied by the Academic Board. 
At least three-fouilhs of those nominated muler this section 
shall be selected from qualified alternates nominated by the 
persons named in clauses (2)-(8) of section 4342(a) or 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 appoint-
ment and is not in place of an appointment otherwise 
authorized by law." 
SEC. 2. Section 6954 of title 10, United States Code, is amended as 
follows: 
(1) Subsection (a) is amended by inserting at the end thereof 
the following flush sentence: 
'•Each Senator, Representative, and Delegate in Congress, including 
the Resident Commissioner from Puerto Rico, is entitled to nominate 
a principal candidate and five alternates for each vacancy that is avail-
able to him under this section." 
(2) Subsection (b) is amended by striking out "160*' in clauses 
(2) and (3) and inserting "85" in place thereof, and by inserting 
the following new clause after clause (4) : 
" (5) 150 selected by the Secretary of the Navy in order of merit 
(prescribed pursuant to section 6956 of this title) from qualified 
alternates nominated by persons named in clauses (3) and (4) of 
subsection (a)." 
(3) The following new subsections are added at the end: 
"(d) The Secretary of the Navy may limit the number of midship-
men appointed under subsection (b)(5). 
When he does so, if the 
total number of midshipmen, upon admission of a new class at the 
78 STAT. ] 
PUBLIC LAW 88-276-MAR. 3, 1964 
151 
Academy, will be more than 3,737, no appointments may be made 
under subsection (b) (2) or (3) of this section or section 6956 of this 
title. 
"(e) Effective beginning with the nominations for appointment to 
the Academy in the calendar year 1964, the Secretary of the Navy 
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." 
SEC. 3. Section 6956 of title 10, United States Code, is amended— 
(1) By striking out "one or more alternates" in subsection (a) 
and inserting in place thereof "five alternates". 
(2) By striking out "two-thirds" in the second sentence of sub-
section (e) and inserting in place thereof "three-fourths". 
SEC. 4. Chapter 903 of title 10, United States Code, is amended as 
follows: 
(1) Section 9342 is amended to read as follows: 
"§ 9342. Cadets: appointment; numbers, territorial distribution 
"(a) The authorized strength of Air Force Cadets of the Academy 
is as follows: 
"(1) 40 cadets selected in order of merit as established by com-
petitive examination from the sons of members of the armed 
forces who were killed in action or died of wounds or injuries 
received or diseases contracted in, or preexisting injury or disease 
aggravated by, active service— 
"(A) during World War I or World War I I as defined by 
laws providing service-connected compensation or pension 
benefits for veterans of those wars and their dependents; or 
"(B) after June 26, 1950, and before February 1, 1955. 
The deteniiination ot the Veterans* Acbninisiration as l
<
> servi«v 
••onneotioii of the cause of death is Ijinding upon the Secretary 
of the Air Force. 
"(2) Five cadets nominated at large by the Vice President. 
"(3) Ten cadets from each State, five of whom are nominated 
by each Senator from that State. 
"(4) Five cadets from each coiigi'essional district, nominated 
by the Ilepresentative from the district. 
"(5) Five cadets from the District of Cohunbia, nominated by 
the Conmiissioners of that District. 
"(6) Five cadets fi-om each Territory, noniinate<l by tlie Dele-
gate in Congress from that Territory. 
"(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 nominateil by the (Governor of Puerto 
Rico. 
"(8) One cadet nominated by the Governor of the Panama 
Canal from the sons of civilians residing in the Canal Zone or 
the sons of civilian personnel of the Imited States Government, 
or the Panama Canal Company, residing in the Republic of 
Panama. 
"(9) One cadet from American Samoa, (inam, or the Virgin 
Islands nominated by the Secretary of the Aii* Force nj)on rec-
ommendations of their respective Governors. 
Kadi Senator. Representative, and Delegatt* in Congress, inchiding 
the Resident Connnissioner from l*nei1o Rico, is entitled to nominate 
a principal candidate and five altei-nates for each vacancy that is 
available to him under this section. 
Information to 
Congress. 
70A Stat. 430. 
10 u s e 9331-
9355. 
70A Stat. 563; 
76 Stat. 547. 
Sons of certain 
veterans. 
31-667 0-65—13 
152 
PUBLIC LAW 88-276-MAR. 3, 1964 
[78 STAT. 
70A Stat. 564. 
Sons of Medal 
of Honor winners. 
Unfilled quotas. 
Conditions. 
Secretary of 
Air Force. 
Authority. 
"(h) In juldilioii, tliere jiuiy be }i|)|)oin(e(l encli year ai (he Ac'a<l-
«*rny cadets as follows: 
"(1) 75 selected by the Presideni from (he sons of luembei-s 
of regular components of the acnied foices. 
"(2) 85 Jiominated by the Seci-etary of (he Air Force from 
eidisted members of the Regular .Vir Force. 
"(8) 85 nominated by the Secre(ary of tJie Air Force from en-
listed members of the Air Force Reserve. 
"(4) 20 nominated by the Secj-etary of the Air Force, under 
regulations prescribed by him, from the honor graduates of schools 
designated as honor schools by tlw Department of the Army, the 
Department of the Navy, or the Department of the Air Force, and 
from members of the Air Force Reserve Officers' Training Corps. 
"(5) 150 selected by the Secretary of the Air Force in order of 
merit (prescribed pursuant to section 934:3 of this title) from 
qualified alternates nominated by persons named in clauses (8) 
and (4) of subsection (a), 
'•(c) The President may also appoint as cadets at the Academy sons 
of persons who have been awarded the Medal of Honor for acts per-
formed while in the armed forces. 
"(d) All cadets are appointed by the President. An appointment 
is conditional until the cadet is admitted. 
"(e) If the annual quota of cadet.s under sulxsection (b) (1), (2), or 
(3) is not filled, the Secretary may fill the vacancies by nominating for 
appointment other candidates from any of these sources who were 
found best qualified on examination for admission and not otherwise 
nominated. 
"(f) Each candidate for admission nominated under clauses (3)-
(7) and (9) of subsection (a) must be domiciled in the State or Terri-
tory, or in the congressional district, from which he is nominated, or 
in the District of C/obunbia, Puerto Rico, American Samoa, (inam, or 
the Virgin Islands, if nominated from one of those places. 
"(g) The Secretary of the Air Force may limit the number of 
cadets authorized to be appointed under this section to the tuunber 
that can be adequately accommodated at the Academy as determined 
by the Secretary after consulting witli the Committees on Armed 
SeiTices of the Senate tnid House of Representatives, subject to tiie 
following: 
"(1) Cadets chargeable to each jiominating atitliority named 
in subsection (a) (3) or (4) may not be limited to less than four. 
"(2) If the Secretary limits the niunber of ap|K>intnients under 
subsection (a) (3) or (4), appointments under subsection (b) 
tl)-(4) are limited as follows: 
"(A) 27 appoint(uents under subsection (b) (1) ; 
"(B) 27 appointments imder subsection (1)) (2) ; 
"(C) 27 appointments under snbsection (b) (3); and 
"(D) 13 appointments unc^E»»>,§Jlbsection (b)(4). 
" (3) If the Secretary limits tlM^nfimbt^tnf appointments imder 
subsection (b) (5), app<)iritii>ents iin(ler s^mTsprHoii (b) (2)-(4) 
are limited as follows: 
^ 
"(A) 27 appointments under sul)section (b) (2) ; 
"(B) 27 appointments under subsect ion (b) (3) ; and 
"(C) 13 appointments under subsection (b) (4). 
"(4) The limitations provided for in this subsection do not 
alfectthe operation of subsection (e). 
78 STAT.] 
PUBLIC LAW 88-277-MAR. 7, 1964 
153 
70A Stat. 564. 
Alternates. 
Appointment. 
"(h) Eti'ec'tive lH»^iniiiiiji; with the nominations foi- appointinejit to ^^^ 
(he Academy in tlie calejidar yeai- 19H4, tlie Secretary of tlie Air Force 
shall furnish to any Member of Conjj:ress, upon the written request of 
such .Xfember, the name of tlie Congressman or otlier nominating*: 
authority responsible for tlie iiomination of any named or identitied 
]M.n'son for appointment to the Academy." 
(2) The t<ixt of section 9H4H is amended to read as follows: 
"If it is deternjined that, npon the admission of a new 
class to the Academy, the number of cadets at the Academy 
will be below the authorized number, the Secretary of the 
Air Force niAj fill the vacancies by jiominating additional 
cadets from qualified candidates designated as aUernates and 
from other qualified candidates who competed for ncmii-
nation and are recommended and fomid ([ualified by the 
faculty. 
At least three-fourths of those nominated muler 
this section shall be sele^'ted from qualified alternates nomi-
nated by the persons named in clauses (•2)-(H) of section 
9342(a) of this title, and the remainder from qualified candi-
dates holding competitive nominatiotis.under any other pro-
vision of law. An appointment under this section is an 
additional appointment and is not in place of an a])pointment 
otherwise authorized by law." 
SEC. 5. (a) Paragraph (2) of section 4348, paragraph (2) of section 
f)959, and paragraph (2) of section 9348 of title 10 of the United 
States Code are each amended by striking out "three" and inserting 
in lieu thereof "five". 
(b) The fourth sentence of section 182 of title 14 of the I 'nii^'il States 
Code is amended by striking out "four" and inserting in lieu theret»f 
"five". 
(c) The amendmeutte made by this section shall apply only with 
respect to cadets and midshii)men appointed to the service academies 
and the Coast Guard Academy after the date of enactment of this Act, 
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. 
Approved March 3, 1964. 
Information to 
63 Stat. 508. 
Applicability. 
Public Law 88-277 
AN ACT 
March 7, 1964 
To promote the orderly transfer of the executive power in connection with the 
[H. R. 4638] 
expiration of the term of oflSee of a President and the inauguration of a new 
President. 
Be it enacted hy the ^Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That this Act may Tr^n^sitfon AC\ of 
be cited as the "Presidential Transition Act of 1963." 
i963. 
PURPOSE o r T H I S ACT 
SEC. 2. The Congress declares it to be the purpose of this Act to 
promote the orderly transfer of the executive power in connection 
with the expiration of the term of office of a President and the inaugu-
ration of a new President. 
The national interest requires that such 
transitions in the office of President be accomplished so as to assure 
continuity in the faithful execution of the laws and in the conduct 
of the affairs of the Federal Government, both domestic and foreign. 
Any disruption occasioned by the transfer of the executive power 
could produce results detrimental to the safety and well-being of the