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Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)

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Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via
Atlas depot), ingested with the standard pipeline: raw snapshot ->
per-section OKF markdown -> manifest + checksums. Title 52 untouched.
LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
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# 10 U.S.C. § 7432 - Departments and professors: titles
## Text
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 238, § 4332; renumbered § 7432, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 4332(a)4332(b)10:1061a.10:1087 (proviso).Dec. 14, 1942, ch. 729, 56 Stat. 1049.June 26, 1946, ch. 495, § 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.
Editorial Notes
Prior ProvisionsA prior section 7432 was renumbered section 8732 of this title.
Amendments2018—Pub. L. 115–232 renumbered section 4332 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment 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.
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# 10 U.S.C. § 7433 - Superintendent; faculty: appointment and detail
## Text
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 238, § 4333; Pub. L. 85–600, § 1(9), Aug. 6, 1958, 72 Stat. 522; Pub. L. 95–551, § 2, Oct. 30, 1978, 92 Stat. 2069; Pub. L. 96–513, title V, § 502(24), Dec. 12, 1980, 94 Stat. 2910; renumbered § 7433, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 4333(a)   4333(b) 4333(c)10:1062.10:1063 (1st sentence, and 1st 26 words of last sentence).10:1063 (last sentence, less 1st 26 words).10:1064.R.S. 1313.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”.
Editorial Notes
Prior ProvisionsA prior section 7433 was renumbered section 8733 of this title.
Amendments2018—Pub. L. 115–232 renumbered section 4333 of this title as this section. 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).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment 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.
Effective Date of 1980 AmendmentAmendment 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 LibrarianProvisions 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.
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---
type: "LegalText"
title: "10 U.S.C. § 7433a"
description: "Superintendent: condition for detail to position"
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# 10 U.S.C. § 7433a - Superintendent: condition for detail to position
## Text
(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 7321(a) of this title, unless such retirement is waived under section 7321(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.
(Added Pub. L. 106–65, div. A, title V, § 532(a)(1)(B), Oct. 5, 1999, 113 Stat. 603, § 4333a; amended Pub. L. 108–375, div. A, title V, § 541(b)(1), Oct. 28, 2004, 118 Stat. 1902; renumbered § 7433a and amended Pub. L. 115–232, div. A, title VIII, §§ 808(c)(1), 809(a), Aug. 13, 2018, 132 Stat. 1839, 1840.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115–232, § 808(c)(1), renumbered section 4333a of this title as this section. Subsec. (a). Pub. L. 115–232, § 809(a), substituted “section 7321(a)” for “section 3921(a)” and “section 7321(b)” for “section 3921(b)”. 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).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment 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.
Application of Section to Superintendents Serving on October 5, 1999Section 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 7321 of this title.
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# 10 U.S.C. § 7434 - Command and supervision
## Text
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 239, § 4334; Pub. L. 85–600, § 1(10), Aug. 6, 1958, 72 Stat. 523; Pub. L. 95–551, § 2, Oct. 30, 1978, 92 Stat. 2069; renumbered § 7434, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at 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.
Editorial Notes
Prior ProvisionsA prior section 7434, acts Aug. 10, 1956, ch. 1041, 70A Stat. 461; Sept. 2, 1958, Pub. L. 85–861, § 33(a)(35), 72 Stat. 1566; Oct. 11, 1962, Pub. L. 87–796, § 1(10), 76 Stat. 906; Apr. 5, 1976, Pub. L. 94–258, title II, § 201(16), 90 Stat. 313; Dec. 12, 1980, Pub. L. 96–513, title V, § 513(36), 94 Stat. 2934; Nov. 5, 1990, Pub. L. 101–510, div. A, title XIII, § 1311(7), 104 Stat. 1670, directed Secretary to submit annual report to Congress on production from naval petroleum reserves during the preceding year, prior to repeal by Pub. L. 104–66, title I, § 1051(g), Dec. 21, 1995, 109 Stat. 716. Pub. L. 104–106, div. A, title XV, § 1502(a)(28)(A), Feb. 10, 1996, 110 Stat. 506, which directed the general amendment of this section, could not be executed because of the prior repeal by Pub. L. 104–66.
Amendments2018—Pub. L. 115–232 renumbered section 4334 of this title as this section. 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment 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.
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# 10 U.S.C. § 7435 - Dean of Academic Board
## Text
(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) The retirement age of an officer appointed as Dean of the Academic Board is that of a permanent professor of the Academy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 239, § 4335; Pub. L. 85–861, § 33(a)(46)(A), Sept. 2, 1958, 72 Stat. 1567; Pub. L. 99–661, div. A, title V, § 508(a), Nov. 14, 1986, 100 Stat. 3866; Pub. L. 102–484, div. A, title V, § 521(a), Oct. 23, 1992, 106 Stat. 2409; Pub. L. 106–65, div. A, title V, § 533(a), Oct. 5, 1999, 113 Stat. 604; Pub. L. 115–91, div. A, title V, § 507(a), Dec. 12, 2017, 131 Stat. 1374; renumbered § 7435, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
## Notes
Historical and Revision Notes 1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 4335(a)4335(b)10:1089 (2d sentence).10:1089 (less 1st 20 words, and less 2d sentence).June 26, 1946, ch. 495, § 3 (less 1st 20 words), 60 Stat. 312. 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 ActThe 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.
Editorial Notes
Prior ProvisionsA prior section 7435 was renumbered section 8735 of this title.
Amendments2018—Pub. L. 115–232 renumbered section 4335 of this title as this section. 2017—Subsec. (c). Pub. L. 115–91 struck out first sentence which read as follows: “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.”; substituted “appointed as Dean of the Academic Board” for “so appointed” in second sentence; and struck out third sentence which read as follows: “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.” 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, § 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, § 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment 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.
Effective Date of 1986 AmendmentAmendment 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 AmendmentAmendment 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.
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# 10 U.S.C. § 7436 - Permanent professors; director of admissions
## Text
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 239, § 4336; Pub. L. 85–600, § 1(11), Aug. 6, 1958, 72 Stat. 523; Pub. L. 85–861, § 33(a)(46)(B), Sept. 2, 1958, 72 Stat. 1567; Pub. L. 95–551, §§ 2, 4(a), Oct. 30, 1978, 92 Stat. 2069; Pub. L. 96–513, title II, § 218(a), title V, § 502(25), Dec. 12, 1980, 94 Stat. 2886, 2911; Pub. L. 98–525, title V, § 533(d)(1), Oct. 19, 1984, 98 Stat. 2528; renumbered § 7436, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
## Notes
Historical and Revision Notes 1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 433610:1079a(a).Aug. 7, 1947, ch. 512, § 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 ActThe 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.
Editorial Notes
Prior ProvisionsA prior section 7436 was renumbered section 8736 of this title.
Amendments2018—Pub. L. 115–232 renumbered section 4336 of this title as this section. 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, § 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, § 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, § 4(a), substituted “director of admissions” for “registrar” in section catchline. Subsecs. (b), (c). Pub. L. 95–551, § 2, substituted “director of admissions” for “registrar” wherever appearing. 1958—Pub. L. 85–600, § 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).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment 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.
Effective Date of 1980 AmendmentAmendment 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 AmendmentAmendment 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, 1958Pub. L. 85–600, § 2, Aug. 6, 1958, 72 Stat. 524, 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].”
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# 10 U.S.C. § 7437 - Chaplain
## Text
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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 239, § 4337; Pub. L. 87–651, title I, § 117, Sept. 7, 1962, 76 Stat. 513; Pub. L. 107–107, div. A, title V, § 540(a), Dec. 28, 2001, 115 Stat. 1109; renumbered § 7437, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
## Notes
Historical and Revision Notes 1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 433710:1083.10:1137.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 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 ActThe 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).
Editorial Notes
Prior ProvisionsA prior section 7437 was renumbered section 8737 of this title.
Amendments2018—Pub. L. 115–232 renumbered section 4337 of this title as this section. 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.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment 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.
Effective Date of 2001 AmendmentPub. L. 107–107, div. A, title V, § 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].”
Executive Documents
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.
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# 10 U.S.C. § 7438 - Civilian faculty: number; compensation
## Text
(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.)
## Notes
Editorial Notes
Prior ProvisionsPrior sections 7438 and 7439 were renumbered sections 8738 and 8739 of this title, respectively.
Amendments2018—Pub. L. 115–232 renumbered section 4338 of this title as this section. 1999—Subsec. (c). Pub. L. 106–65 added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment 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.
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# 10 U.S.C. § 7440 - Quartermaster
## Text
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.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 434010:1067.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.
Editorial Notes
Amendments2018—Pub. L. 115–232 renumbered section 4340 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment 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.
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# 10 U.S.C. § 7441 - Faculty and other officers: leaves of absence
## Text
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.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 434110:1144.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.
Editorial Notes
Amendments2018—Pub. L. 115–232 renumbered section 4341 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment 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.
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# 10 U.S.C. § 7441a - Cadets: appointment by the President
## Text
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.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115–232 renumbered section 4341a of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment 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.
Effective DatePub. 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].”
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# 10 U.S.C. § 7442a - Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate
## Text
(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.)
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# 10 U.S.C. § 7443 - Cadets: appointment; to bring Corps to full strength
## Text
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 paragraphs (2) through (8) of section 7442(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 242, § 4343; Pub. L. 88–276, § 1(2), Mar. 3, 1964, 78 Stat. 150; Pub. L. 93–171, § 1(5), Nov. 29, 1973, 87 Stat. 690; Pub. L. 102–25, title VII, § 701(f)(5), Apr. 6, 1991, 105 Stat. 115; Pub. L. 112–239, div. A, title X, § 1076(f)(39), Jan. 2, 2013, 126 Stat. 1954; renumbered § 7443 and amended Pub. L. 115–232, div. A, title VIII, §§ 808(c)(1), 809(a), Aug. 13, 2018, 132 Stat. 1839, 1840.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 434310:1092d.June 30, 1950, ch. 421, § 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”.
Editorial Notes
Amendments2018—Pub. L. 115–232, § 809(a), substituted “paragraphs (2) through (8) of section 7442(a)” for “paragraphs (2) through (8) of section 4342(a)”. Pub. L. 115–232, § 808(c)(1), renumbered section 4343 of this title as this section. 2013—Pub. L. 112–239 substituted “paragraphs” for “clauses”. 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment 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.
Effective Date of 1973 AmendmentEffective date of amendment by Pub. L. 93–171, see section 4 of Pub. L. 93–171, set out as a note under section 7442 of this title.
Number of Alternate-Appointees From Congressional Sources Not To Be Reduced Because of Additional Presidential AppointmentsPub. L. 89–650, § 2, Oct. 13, 1966, 80 Stat. 896, as amended by Pub. L. 115–232, div. A, title VIII, § 809(b)(7), Aug. 13, 2018, 132 Stat. 1840, provided that: “Notwithstanding any other provision of law, none of the additional appointments authorized in sections 7442(b)(1), 8454(b), and 9442(b)(1) of title 10, United States Code, 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 7443, 8456, and 9443 of such title.”
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# 10 U.S.C. § 7446 - Cadets: requirements for admission
## Text
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 242, § 4346; Pub. L. 104–201, div. A, title V, § 555(b), Sept. 23, 1996, 110 Stat. 2527; renumbered § 7446, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 4346(a)4346(b)4346(c)10:1092b (less provisos).10:1096.10:1095.June 30, 1950, ch. 421, § 2 (less provisos), 64 Stat. 304. 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.
Editorial Notes
Amendments2018—Pub. L. 115–232 renumbered section 4346 of this title as this section. 1996—Subsec. (a). Pub. L. 104–201 substituted “twenty-third birthday” for “twenty-second birthday”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment 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.
Consideration of Standardized Test Scores in Military Service Academy Application ProcessPub. L. 118–31, div. A, title V, § 563, Dec. 22, 2023, 137 Stat. 274, provided that: “The Secretary of Defense shall ensure that the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy require the submission and consideration of standardized test scores as part of the application process.”
Temporary Authority To Waive Maximum Age Limitation on Admission to the Military Service AcademiesPub. L. 112–81, div. A, title V, § 553, Dec. 31, 2011, 125 Stat. 1413, as amended by Pub. L. 114–92, div. A, title X, § 1072(b), Nov. 25, 2015, 129 Stat. 995, provided that: “(a) Waiver for Certain Enlisted Members.—The Secretary of the military department concerned may waive the maximum age limitation specified in section 4346(a), 6958(a)(1), or 9346(a) [now 7446(a), 8458(a)(1), or 9446(a)] of title 10, United States Code, for the admission of an enlisted member of the Armed Forces to the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy if the member—“(1) satisfies the eligibility requirements for admission to that academy (other than the maximum age limitation); and “(2) was or is prevented from being admitted to a military service academy before the member reached the maximum age specified in such sections as a result of service on active duty in a theater of operations for Operation Iraqi Freedom, Operation Enduring Freedom, or Operation New Dawn. “(b) Maximum Age for Receipt of Waiver.—A waiver may not be granted under this section if the candidate would pass the candidate’s twenty-sixth birthday by July 1 of the year in which the candidate would enter the military service academy pursuant to the waiver. “(c) Limitation on Number Admitted Using Waiver.—Not more than five candidates may be admitted to each of the military service academies for an academic year pursuant to a waiver granted under this section. “(d) Record Keeping Requirement.—The Secretary of each military department shall maintain records on the number of graduates of the military service academy under the jurisdiction of the Secretary who are admitted pursuant to a waiver granted under this section and who remain in the Armed Forces beyond the active duty service obligation assumed upon graduation. The Secretary shall compare their retention rate to the retention rate of graduates of that academy generally. “(e) Duration of Waiver Authority.—The authority to grant a waiver under this section expires on September 30, 2016.”
Authority To Waive Maximum Age Limitation on Admission to Service Academies for Certain Enlisted Members Who Served During Persian Gulf WarPub. L. 102–190, div. A, title V, § 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) [now 7446(a), 8458(a)(1), or 9446(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 TraineesExemption 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, § 1(g), Nov. 9, 1966, 80 Stat. 1519, formerly set out as a note under section 4344 of this title.
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# 10 U.S.C. § 7447 - Cadets; nominees: effect of redistricting of States
## Text
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.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 434710:1091–1.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.
Editorial Notes
Amendments2018—Pub. L. 115–232 renumbered section 4347 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment 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.
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# 10 U.S.C. § 7449 - Cadets: organization of Corps; service; instruction
## Text
(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.)
## Notes
Historical and Revision Notes Revised sectionSource (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.
Editorial Notes
Amendments2018—Pub. L. 115–232 renumbered section 4349 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment 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.
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# 10 U.S.C. § 7450 - Cadets: clothing and equipment
## Text
(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.)
## Notes
Historical and Revision Notes Revised sectionSource (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.)
Editorial Notes
Amendments2018—Pub. L. 115–232 renumbered section 4350 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment 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.
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# 10 U.S.C. § 7451 - Cadets: deficiencies in conduct or studies; effect of failure on successor
## Text
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 244, § 4351; renumbered § 7451, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 4351(a)4351(b)4351(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 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.
Editorial Notes
Amendments2018—Pub. L. 115–232 renumbered section 4351 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment 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.
Readmission to Service Academies of Certain Former Cadets and MidshipmenPub. L. 108–136, div. A, title V, § 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.”
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# 10 U.S.C. § 7452 - Cadets: hazing
## Text
(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.)
## Notes
Historical and Revision Notes Revised sectionSource (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.
Editorial Notes
Amendments2021—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.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment 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.
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# 10 U.S.C. § 7453 - Cadets: degree and commission on graduation
## Text
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 245, § 4353; Pub. L. 85–861, § 1(103), Sept. 2, 1958, 72 Stat. 1489; Pub. L. 96–513, title V, § 502(26), Dec. 12, 1980, 94 Stat. 2911; renumbered § 7453, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
## Notes
Historical and Revision Notes 1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 4353(a) 4353(b)10:486a (less last sentence).10:506c(f) (1st sentence, less last 43 words).May 25, 1933, ch. 37 (less last sentence); restated Aug. 9, 1946, ch. 932 (less last sentence); restated Aug. 4, 1949, ch. 393, § 13; restated Aug. 18, 1949, ch. 476 (less last sentence), 63 Stat. 615.   Aug. 7, 1947, ch. 512, § 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 sectionSource (U.S. Code)Source (Statutes at Large) 4353(b)10 App.:506c–4(c) (1st sentence).July 20, 1956, ch. 646, § 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.
Editorial Notes
Amendments2018—Pub. L. 115–232 renumbered section 4353 of this title as this section. 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment 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.
Effective Date of 1980 AmendmentAmendment 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 AcademyAct Aug. 10, 1956, ch. 1041, § 35, 70A Stat. 634, 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.
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# 10 U.S.C. § 7454 - Buildings and grounds: memorial hall; buildings for religious worship
## Text
(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.)
## Notes
Historical and Revision Notes Revised sectionSource (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”.
Editorial Notes
Amendments2018—Pub. L. 115–232 renumbered section 4354 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment 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.
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# 10 U.S.C. § 7455 - Board of Visitors
## Text
(a) A Board of Visitors to the Academy is constituted annually of—
(1) the chair of the Committee on Armed Services of the Senate, or the designee of such chair;
(2) the ranking member of the Committee on Armed Services of the Senate, or the designee of the ranking member;
(3) two other members of the Senate designated by the Majority Leader of the Senate, one of whom is a member of the Committee on Appropriations of the Senate;
(4) two other members of the Senate designated by the Minority Leader of the Senate, one of whom is a member of the Committee on Appropriations of the Senate;
(5) the chair of the Committee on Armed Services of the House of Representatives, or the designee of such chair;
(6) the ranking member of the Committee on Armed Services of the House of Representatives, or the designee of the ranking member;
(7) two other members of the House of Representatives designated by the Speaker of the House of Representatives, one of whom is a member of the Committee on Appropriations of the House of Representatives;
(8) two other members of the House of Representatives designated by the Minority Leader of the House of Representatives; and
(9) 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 by the President. 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 and the Committees on Armed Services of the Senate and House of Representatives 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 and the Committees on Armed Services of the Senate and House of Representatives 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.
(i) (1) A majority of the members of the Board may call an official meeting of the Board once per year.
(2) A member may attend such meeting—
(A) in person, at the Academy; or
(B) remotely, at the election of such member.
(Aug. 10, 1956, ch. 1041, 70A Stat. 245, § 4355; Pub. L. 96–579, § 13(a), Dec. 23, 1980, 94 Stat. 3369; Pub. L. 104–106, div. A, title X, § 1061(e)(2), title XV, § 1502(a)(12), Feb. 10, 1996, 110 Stat. 443, 503; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; renumbered § 7455, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839; Pub. L. 117–81, div. A, title V, §§ 554(a), 555(a), Dec. 27, 2021, 135 Stat. 1738; Pub. L. 118–159, div. A, title V, § 558(a), Dec. 23, 2024, 138 Stat. 1898; Pub. L. 119–60, div. A, title V, § 557(a), Dec. 18, 2025, 139 Stat. 879.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 4355(a) 4355(b)10:1055.10:1056 (1st sentence).10:1056 (less 1st sentence).June 29, 1948, ch. 714, §§ 1–6, 62 Stat. 1094; June 30, 1954, ch. 432, § 732, 68 Stat. 356. 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.
Editorial Notes
Amendments2025—Subsec. (a)(8). Pub. L. 119–60 substituted “two other members” for “one other member”. 2024—Subsec. (a). Pub. L. 118–159, § 558(a)(1), added subsec. (a) and struck out former subsec. (a) which related to membership of Board of Visitors. Subsec. (f). Pub. L. 118–159, § 558(a)(2), inserted “and the Committees on Armed Services of the Senate and House of Representatives” after “the President” in two places. 2021—Subsec. (b). Pub. L. 117–81, § 554(a), substituted “is appointed by the President” for “is appointed”. Subsec. (i). Pub. L. 117–81, § 555(a), added subsec. (i). 2018—Pub. L. 115–232 renumbered section 4355 of this title as this section. 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, § 1502(a)(12), substituted “National Security” for “Armed Services”. Subsec. (h). Pub. L. 104–106, § 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.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment 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.
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# 10 U.S.C. § 7456 - Use of certain gifts
## Text
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.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 435610:4334 (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.
Editorial Notes
Amendments2018—Pub. L. 115–232 renumbered section 4356 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment 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.
Applicability of SectionPub. 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.”
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# 10 U.S.C. § 7457 - Acceptance of guarantees with gifts for major projects
## Text
(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.
(Added Pub. L. 106–65, div. B, title XXVIII, § 2871(a)(1), Oct. 5, 1999, 113 Stat. 871, § 4357; amended Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(17)], Oct. 30, 2000, 114 Stat. 1654, 1654A–291; Pub. L. 108–136, div. A, title X, § 1031(a)(54), Nov. 24, 2003, 117 Stat. 1603; renumbered § 7457, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115–232 renumbered section 4357 of this title as this section. 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)”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment 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.
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# 10 U.S.C. § 7458 - Grants for faculty research for scientific, literary, and educational purposes: acceptance; authorized grantees
## Text
(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.
(Added Pub. L. 105–261, div. A, title X, § 1063(a)(1), Oct. 17, 1998, 112 Stat. 2130, § 4358; renumbered § 7458, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115–232 renumbered section 4358 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment 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.
legal/us/code/title-10/chapter-753/section-7459.md
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# 10 U.S.C. § 7459 - Mixed-funded athletic and recreational extracurricular programs: authority to manage appropriated funds in same manner as nonappropriated funds
## Text
(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.
(Added Pub. L. 108–375, div. A, title V, § 544(a)(1), Oct. 28, 2004, 118 Stat. 1906, § 4359; renumbered § 7459, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115–232 renumbered section 4359 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment 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.
Effective DatePub. L. 108–375, div. A, title V, § 544(d), Oct. 28, 2004, 118 Stat. 1907, provided that: “Sections 4359, 6978, and 9359 [now 7459, 8478, and 9459] of title 10, United States Code, shall apply only with respect to funds appropriated for fiscal years after fiscal year 2004.”
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# 10 U.S.C. § 7460 - Cadets: charges and fees for attendance; limitation
## Text
(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.
(Added Pub. L. 108–375, div. A, title V, § 545(a)(1), Oct. 28, 2004, 118 Stat. 1908, § 4360; renumbered § 7460, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115–232 renumbered section 4360 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment 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.
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# 10 U.S.C. § 7461 - Policy on sexual harassment and sexual violence
## Text
(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.
(3) (A) The Secretary of Defense may postpone the conduct of an assessment under this subsection if the Secretary determines that conducting such assessment is not practicable due to a war or national emergency declared by the President or Congress.
(B) The Secretary of Defense shall ensure that an assessment postponed under subparagraph (A) is conducted as soon as practicable after the end of the period of war or national emergency concerned, or earlier if the Secretary determines appropriate.
(C) The Secretary of Defense shall notify Congress of a determination under subparagraph (A) not later than 30 days after the date on which the Secretary makes such determination.
(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.
(e) Consideration of Request for Transfer of a Cadet Who Is the Victim of a Sexual Assault or Related Offense.— (1) The Secretary of the Army shall provide for timely consideration of and action on a request submitted by a cadet appointed to the United States Military Academy who is the victim of an alleged sexual assault or other offense covered by section 920, 920c, or 930 of this title (article 120, 120c, or 130 of the Uniform Code of Military Justice) for transfer to another military service academy or to enroll in a Senior Reserve Officers’ Training Corps program affiliated with another institution of higher education.
(2) The Secretary of the Army shall prescribe regulations to carry out this subsection, within guidelines provided by the Secretary of Defense that—
(A) provide that the Superintendent of the United States Military Academy shall ensure that any cadet who has been appointed to the United States Military Academy and who is a victim of an alleged sexual assault or other offense referred to in paragraph (1), is informed of the right to request a transfer pursuant to this section, and that any formal request submitted by a cadet is processed as expeditiously as practicable through the chain of command for review and action by the Superintendent;
(B) direct the Superintendent of the United States Military Academy, in coordination with the Superintendent of the military service academy to which the cadet requests to transfer—
(i) to take action on a request for transfer under this subsection not later than 72 hours after receiving the formal request from the cadet;
(ii) to approve such request for transfer unless there are exceptional circumstances that require denial of the request; and
(iii) upon approval of such request, to take all necessary and appropriate action to effectuate the transfer of the cadet to the military service academy concerned as expeditiously as possible; and
(C) direct the Superintendent of the United States Military Academy, in coordination with the Secretary of the military department that sponsors the Senior Reserve Officers’ Training Corps program at the institution of higher education to which the cadet requests to transfer—
(i) to take action on a request for transfer under this subsection not later than 72 hours after receiving the formal request from the cadet;
(ii) subject to the cadet’s acceptance for admission to the institution of higher education to which the cadet wishes to transfer, to approve such request for transfer unless there are exceptional circumstances that require denial of the application; and
(iii) to take all necessary and appropriate action to effectuate the cadet’s enrollment in the institution of higher education to which the cadet wishes to transfer and to process the cadet for participation in the relevant Senior Reserve Officers’ Training Corps program as expeditiously as possible.
(3) If the Superintendent of the United States Military Academy denies a request for transfer under this subsection, the cadet may request review of the denial by the Secretary of the Army, who shall take action on such request not later than 72 hours after receipt of the formal request for review.
(4) The Secretary concerned shall ensure that all records of any request, determination, transfer, or other action under this subsection remain confidential, consistent with applicable law and regulation.
(5) A cadet who transfers under this subsection may retain the cadet’s appointment to the United States Military Academy or may be appointed to the military service academy to which the cadet transfers without regard to the limitations and requirements set forth in sections 7442, 8454, and 9442 of this title.
(Added Pub. L. 109–364, div. A, title V, § 532(a)(1), Oct. 17, 2006, 120 Stat. 2200, § 4361; renumbered § 7461, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839; amended Pub. L. 116–92, div. A, title V, § 555(a), Dec. 20, 2019, 133 Stat. 1388; Pub. L. 116–283, div. A, title V, § 552(b)(1), Jan. 1, 2021, 134 Stat. 3632.)
## Notes
Editorial Notes
Amendments2021—Subsec. (c)(3). Pub. L. 116–283 added par. (3). 2019—Subsec. (e). Pub. L. 116–92 added subsec. (e). 2018—Pub. L. 115–232 renumbered section 4361 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment 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.
Termination of Reporting RequirementsFor termination, effective Dec. 31, 2021, of provisions in subsec. (d)(4)(B) of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.
Policy for Military Service Academies on Separation of Alleged Victims and Alleged Perpetrators in Incidents of Sexual AssaultPub. L. 116–283, div. A, title V, § 539, Jan. 1, 2021, 134 Stat. 3606, provided that: “(a) In General.—The Secretary of Defense shall, in consultation with the Secretaries of the military departments and the Superintendent of each military service academy, prescribe in regulations a policy under which a cadet or midshipman of a military service academy who is the alleged victim of a sexual assault and a cadet or midshipman who is the alleged perpetrator of such assault shall, to the extent practicable, each be given the opportunity to complete their course of study at the academy without—“(1) taking classes together; or “(2) otherwise being in close proximity to each other during mandatory activities. “(b) Elements.—The Secretary of Defense shall ensure that the policy developed under subsection (a)—“(1) permits an alleged victim to elect not to be covered by the policy with respect to a particular incident of sexual assault; “(2) protects the alleged victim as necessary, including by prohibiting retaliatory harassment; “(3) minimizes the prejudicial impact of the policy, to the extent practicable, on both the alleged victim and the alleged perpetrator, and allows the alleged victim and the alleged perpetrator to complete their course of study at the institution with minimal disruption; “(4) protects the privacy of both the alleged victim and the alleged perpetrator by ensuring that information about the alleged sexual assault and the individuals involved is not revealed to third parties who are not specifically authorized to receive such information in the course of performing their regular duties, except that such policy shall not preclude the alleged victim or the alleged perpetrator from making such disclosures to third parties; and “(5) minimizes the burden on the alleged victim when taking steps to separate the alleged victim and alleged perpetrator. “(c) Special Rule.—The policy developed under subsection (a) shall not preclude a military service academy from taking other administrative or disciplinary action when appropriate. “(d) Military Service Academy Defined.—In this section, the term ‘military service academy’ means the following:“(1) The United States Military Academy. “(2) The United States Naval Academy. “(3) The United States Air Force Academy. “(4) The United States Coast Guard Academy.”
Development of Resource Guides Regarding Sexual Assault for the Military Service AcademiesPub. L. 115–232, div. A, title V, § 545, Aug. 13, 2018, 132 Stat. 1764, provided that: “(a) Development.—Not later than 30 days after the date of the enactment of this Act [Aug. 13, 2018], each Superintendent of a military service academy shall develop and maintain a resource guide for students at the respective military service academies regarding sexual assault. “(b) Elements.—Each guide developed under this section shall include the following information with regards to the relevant military service academy:“(1) Process overview and definitions.—“(A) An explanation of prohibited conduct, including examples. “(B) An explanation of consent. “(C) Victims’ rights. “(D) Clearly described complaint process, including to whom a complaint may be filed. “(E) Explanations of restricted and unrestricted reporting. “(F) List of mandatory reporters. “(G) Protections from retaliation. “(H) Assurance that leadership will take appropriate corrective action. “(I) References to specific policies. “(J) Resources for survivors. “(2) Emergency services.—“(A) Contact information. “(B) Location. “(3) Support and counseling.—Contact information for the following support and counseling resources:“(A) The Sexual Assault Prevention and Response Victim Advocate or other equivalent advocate or counselor available to students in cases of sexual assault. “(B) The Sexual Harassment/Assault Response and Prevention Resource Program Center. “(C) Peer counseling. “(D) Medical care. “(E) Legal counsel. “(F) Hotlines. “(G) Chaplain or other spiritual representatives. “(c) Distribution.—Each Superintendent shall provide the current guide developed by that Superintendent under this section—“(1) not later than 30 days after completing development under subsection (a) to each student who is enrolled at the military service academy of that Superintendent on the date of the enactment of this Act; “(2) at the beginning of each academic year after the date of the enactment of this Act to each student who enrolls at the military service academy of that Superintendent; and “(3) as soon as practicable to a student at the military service academy of that Superintendent who reports that such student is a victim of sexual assault.”
Applicability of Sexual Assault Prevention and Response and Related Military Justice Enhancements to Military Service AcademiesPub. L. 113–291, div. A, title V, § 552(a), Dec. 19, 2014, 128 Stat. 3377, provided that: “The Secretary of the military department concerned shall ensure that the provisions of title XVII of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 950) [see Tables for classification], including amendments made by that title, and the provisions of subtitle D [subtitle D (§§ 531–547) of title V of div. A of Pub. L. 113–291, see Tables for classification], including amendments made by such subtitle, apply to the United States Military Academy, the Naval Academy, and the Air Force Academy, as applicable.”
Prevention of Sexual Assault at Military Service AcademiesPub. L. 113–66, div. A, title XVII, § 1746, Dec. 26, 2013, 127 Stat. 983, provided that: “The Secretary of Defense shall ensure that the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy include a section in the curricula of that military service academy that outlines honor, respect, and character development as such pertain to the issue of preventing sexual assault in the Armed Forces. Such curricula section shall include a brief history of the problem of sexual assault in the Armed Forces, a definition of sexual assault, information relating to reporting a sexual assault, victims’ rights, and dismissal and dishonorable discharge for offenders. Training in such section in the curricula shall be provided within 14 days after the initial arrival of a new cadet or midshipman at that military service academy and repeated annually thereafter.”
Further Information From Cadets and Midshipmen at the Service Academies on Sexual Assault and Sexual Harassment IssuesPub. L. 109–364, div. A, title V, § 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.”
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# 10 U.S.C. § 7462 - Support of athletic programs
## Text
(a) Authority.— (1) Contracts and cooperative agreements.— The Secretary of the Army may enter into contracts and cooperative agreements with the Army West Point Athletic Association for the purpose of supporting the athletic programs of the Academy. Notwithstanding section 3201(e) of this title, the Secretary may enter such contracts or cooperative agreements on a sole source basis pursuant to section 3204(a)(5) of this title. Notwithstanding chapter 63 of title 31, a cooperative agreement under this section may be used to acquire property or services for the direct benefit or use of the Academy.
(2) Financial controls.— (A) Before entering into a contract or cooperative agreement under paragraph (1), the Secretary shall ensure that such contract or agreement includes appropriate financial controls to account for Academy and Association resources in accordance with accepted accounting principles.
(B) Any such contract or cooperative agreement shall contain a provision that allows the Secretary, at the Secretary’s discretion, to review the financial accounts of the Association to determine whether the operations of the Association—
(i) are consistent with the terms of the contract or cooperative agreement; and
(ii) will not compromise the integrity or appearance of integrity of any program of the Department of the Army.
(3) Leases.— Section 2667(h) of this title shall not apply to any leases the Secretary may enter into with the Association for the purpose of supporting the athletic programs of the Academy.
(b) Support Services.— (1) Authority.— To the extent required by a contract or cooperative agreement under subsection (a), the Secretary may provide support services to the Association while the Association conducts its support activities at the Academy. The Secretary may provide support services described in paragraph (2) only if the Secretary determines that the provision of such services is essential for the support of the athletic programs of the Academy.
(2) Support services defined.— (A) In this subsection, the term “support services” includes utilities, office furnishings and equipment, communications services, records staging and archiving, audio and video support, and security systems in conjunction with the leasing or licensing of property.
(B) Such term includes—
(i) housing for Association personnel on United States Army Garrison, West Point, New York; and
(ii) enrollment of dependents of Association personnel in elementary and secondary schools under the same criteria applied to dependents of Federal employees under section 2164(a) of this title, except that educational services provided pursuant to this clause shall be provided on a reimbursable basis.
(3) No liability of the united states.— Any such support services may only be provided without any liability of the United States to the Association.
(c) Acceptance of Support.— (1) Support received from the association.— Notwithstanding section 1342 of title 31, the Secretary may accept from the Association funds, supplies, and services for the support of the athletic programs of the Academy. For the purposes of this section, employees or personnel of the Association may not be considered to be employees of the United States.
(2) Funds received from ncaa.— The Secretary may accept funds from the National Collegiate Athletic Association to support the athletic programs of the Academy.
(3) Limitation.— The Secretary shall ensure that contributions under this subsection and expenditure of funds pursuant to subsection (e) do not reflect unfavorably on the ability of the Department of the Army, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner, or compromise the integrity or appearance of integrity of any program of the Department of the Army, or any individual involved in such a program.
(d) Trademarks and Service Marks.— (1) Licensing, marketing, and sponsorship agreements.— An agreement under subsection (a) may, consistent with section 2260 of this title (other than subsection (d) of such section), authorize the Association to enter into licensing, marketing, and sponsorship agreements relating to trademarks and service marks identifying the Academy, subject to the approval of the Secretary of the Army.
(2) Limitations.— No licensing, marketing, or sponsorship agreement may be entered into under paragraph (1) if—
(A) such agreement would reflect unfavorably on the ability of the Department of the Army, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner; or
(B) the Secretary determines that the use of the trademark or service mark would compromise the integrity or appearance of integrity of any program of the Department of the Army, or any individual involved in such a program.
(e) Retention and Use of Funds.— Any funds received by the Secretary under this section may be retained for use in support of the athletic programs of the Academy and shall remain available until expended.
(f) Service on Association Board of Directors.— The Association is a designated entity for which authorization under sections 1033(a) and 1589(a) of this title may be provided.
(g) Conditions.— The authority provided in this section with respect to the Association is available only so long as the Association continues—
(1) to qualify as a nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1986 and operates in accordance with this section, the law of the State of New York, and the constitution and bylaws of the Association; and
(2) to operate exclusively to support the athletic programs of the Academy.
(h) Association Defined.— In this section, the term “Association” means the Army West Point Athletic Association.
(Added Pub. L. 114–92, div. A, title V, § 557(a), Nov. 25, 2015, 129 Stat. 825, § 4362; renumbered § 7462, 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 XVIII, § 1883(b)(2), Jan. 1, 2021, 134 Stat. 4294.)
## Notes
Editorial Notes
References in TextSection 501(c)(3) of the Internal Revenue Code of 1986, referred to in subsec. (g)(1), is classified to section 501(c)(3) of Title 26, Internal Revenue Code.
Prior ProvisionsA prior section 7471, act Aug. 10, 1956, ch. 1041, 70A Stat. 462, related to appointments in professional and scientific service, prior to repeal by Pub. L. 85–861, § 36B(23), Sept. 2, 1958, 72 Stat. 1571. Prior sections 7472 and 7473 were renumbered sections 8742 and 8743 of this title, respectively. A prior section 7474, act Aug. 10, 1956, ch. 1041, 70A Stat. 463, related to establishment of wage rates for employees by Secretary of Navy, prior to repeal by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 663. A prior section 7475, act Aug. 10, 1956, ch. 1041, 70A Stat. 463, restricted increasing of forces at naval activities prior to national elections, prior to repeal by Pub. L. 86–148, § 1(1), Aug. 7, 1959, 73 Stat. 302. Prior sections 7476 to 7480 were renumbered sections 8746 to 8750 of this title, respectively.
Amendments2021—Subsec. (a)(1). Pub. L. 116–283 substituted “section 3201(e)” for “section 2304(k)” and “section 3204(a)(5)” for “section 2304(c)(5)”. 2018—Pub. L. 115–232 renumbered section 4362 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
Effective Date of 2018 AmendmentAmendment 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.