Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
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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title: "10 U.S.C. § 9431"
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description: "Establishment; Superintendent; faculty"
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title_number: 10
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title_name: "ARMED FORCES"
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chapter_number: "953"
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chapter_name: "UNITED STATES AIR FORCE ACADEMY"
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# 10 U.S.C. § 9431 - Establishment; Superintendent; faculty
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## Text
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(a) There is in the Department of the Air Force an Air Force Academy (hereinafter in this chapter referred to as the “Academy”) for the instruction and preparation for military service of selected persons called “cadets”. The organization of the Academy shall be prescribed by the Secretary of the Air Force.
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(b) There shall be at the Academy the following:
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(1) A Superintendent.
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(2) A Dean of the Faculty.
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(3) A Commandant of Cadets.
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(4) 25 permanent professors.
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(5) A chaplain.
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(6) A director of admissions.
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(Aug. 10, 1956, ch. 1041, 70A Stat. 561, § 9331; Pub. L. 85–600, § 1(19), Aug. 6, 1958, 72 Stat. 523; Pub. L. 96–513, title V, § 514(10), Dec. 12, 1980, 94 Stat. 2935; Pub. L. 101–189, div. A, title V, § 515(a)(1), Nov. 29, 1989, 103 Stat. 1441; Pub. L. 102–484, div. A, title V, § 523(b), Oct. 23, 1992, 106 Stat. 2410; Pub. L. 103–160, div. A, title V, § 533(b)(3), Nov. 30, 1993, 107 Stat. 1658; Pub. L. 108–136, div. A, title V, § 529(c)(1), Nov. 24, 2003, 117 Stat. 1471; Pub. L. 110–417, [div. A], title V, § 545, Oct. 14, 2008, 122 Stat. 4466; renumbered § 9431, Pub. L. 115–232, div. A, title VIII, § 806(a)(3), Aug. 13, 2018, 132 Stat. 1832; Pub. L. 116–283, div. A, title V, § 573, title IX, § 923(d)(7), Jan. 1, 2021, 134 Stat. 3644, 3814.)
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## Notes
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Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 9331(a) 9331(b)10:1851.10:1854.10:1061.R.S. 1309; Feb. 18, 1896, ch. 22 (less proviso), 29 Stat. 8. 10:1087.10:1089 (1st 20 words).June 26, 1946, ch. 495, §§ 1, 3 (1st 20 words), 60 Stat. 312. Apr. 1, 1954, ch. 127, §§ 2, 5, 68 Stat. 47, 48. In subsection (b), reference to the senior instructors of artillery, cavalry, and infantry, and the master of the sword, in 10:1061, are omitted as obsolete. The names of the other departments are omitted as inapplicable to the Air Force. The departmental names will be established under section 9332 of this title. The words “and one assistant professor”, in 10:1061, are omitted as superseded by section 9333 of this title. 10:1061 (words before colon) is omitted as inapplicable to the Air Force. 10:1854 (less last sentence) is omitted as executed by the inclusion in this chapter of the laws applicable to the Air Force Academy. 10:1087 (proviso) is omitted as inapplicable to the Air Force. Subsection (b)(3) is based on those laws establishing the various departments at the United States Military Academy (see revision note for section 4331 of this title).
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Editorial Notes
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Amendments2021—Subsec. (a). Pub. L. 116–283, § 923(d)(7), substituted “cadets” for “Air Force cadets”. Subsec. (b)(4). Pub. L. 116–283, § 573, substituted “25” for “23”. 2018—Pub. L. 115–232 renumbered section 9331 of this title as this section. 2008—Subsec. (b)(4). Pub. L. 110–417 substituted “23 permanent professors” for “21 permanent professors”. 2003—Subsec. (b)(2). Pub. L. 108–136 substituted “Dean of the Faculty” for “dean of the Faculty, who is a permanent professor”. 1993—Subsec. (c). Pub. L. 103–160 struck out subsec. (c) which read as follows: “(1) The Secretary of the Air Force may employ as many civilians as professors, instructors, and lecturers at the Academy as the Secretary considers necessary. “(2) The compensation of persons employed under this subsection shall be as prescribed by the Secretary. “(3) The Secretary may delegate the authority conferred by this subsection to any person in the Department of the Air Force to the extent the Secretary considers proper. Such delegation may be made with or without the authority to make successive redelegations.” 1992—Subsec. (c). Pub. L. 102–484 added subsec. (c). 1989—Subsec. (b)(6). Pub. L. 101–189 substituted “director of admissions” for “registrar”. 1980—Subsec. (a). Pub. L. 96–513 substituted “(hereinafter in this chapter referred to as the ‘Academy’)” for “, in this chapter called the ‘Academy’,”. 1958—Subsec. (b)(6). Pub. L. 85–600 added par. (6).
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Statutory Notes and Related Subsidiaries
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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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Effective Date of 2003 AmendmentPub. L. 108–136, div. A, title V, § 529(d), Nov. 24, 2003, 117 Stat. 1472, provided that: “The amendments made by this section [amending this section and sections 9335 and 9336 of this title] shall apply with respect to any Dean of the Faculty of the United States Air Force Academy selected on or after the date of the enactment of this Act [Nov. 24, 2003].”
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Effective Date of 1980 AmendmentAmendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
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Appropriations for the Air Force Academy After August 1, 1964; Requirement of Authorization in Subsequent Legislation; Appropriations for Advance Planning and Minor ConstructionPub. L. 88–390, title VI, § 608, Aug. 1, 1964, 78 Stat. 364, provided that: “Notwithstanding the provisions of section 9 of the Act of April 1, 1954 (Public Law 325) as amended [set out below], no funds may be appropriated after the date of enactment of this Act [Aug. 1, 1964] for construction at the Air Force Academy unless appropriation of such funds has been authorized in this Act [Military Construction Authorization Act, 1965] or any Act enacted after the date of enactment of this Act: Provided, That funds are authorized to be appropriated to accomplish advance planning and minor construction at the Air Force Academy in the same manner as for other projects under the Act of September 28, 1951, as amended (31 U.S.C. 723) [10 U.S.C. 2661a(a)], and title 10, United States Code, section 2674, as amended.”
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Appropriations for Air Force AcademyAct Apr. 1, 1954, ch. 127, 68 Stat. 47, which established the Air Force Academy, provided by section 9 of such act, as amended by act Aug. 3, 1956, ch. 939, title IV, § 413(b), 70 Stat. 1018, and by Pub. L. 85–241, title V, § 508, Aug. 30, 1957, 71 Stat. 559; Pub. L. 85–685, title III, § 309, Aug. 20, 1958, 72 Stat. 659; Pub. L. 87–57, title III, § 304, June 27, 1961, 75 Stat. 108; Pub. L. 90–408, title III, § 304, July 21, 1968, 82 Stat. 385, that there was authorized to be appropriated not to exceed the sum of $141,978,000 to carry out the provisions of that Act, of which not to exceed $26,000,000 was to be the amount so appropriated for any such period, not to exceed $1,858,000 might be utilized for the purpose of section 4 of this Act [set out below].
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Temporary Buildings and FacilitiesAct Apr. 1, 1954, ch. 127, § 4, 68 Stat. 47, provided that for the purpose of providing temporary facilities and enabling early operation of the Academy, the Secretary of the Air Force was authorized to provide for the erection of the minimum additional number of temporary buildings and the modification of existing structures and facilities at an existing Air Force base and to provide for the proper functioning, equipping, maintaining, and repairing thereof; and to contract with civilian institutions for such operation or instruction as he deemed necessary.
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title: "10 U.S.C. § 9432"
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---
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# 10 U.S.C. § 9432 - Departments and professors: titles
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## Text
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The Secretary of the Air Force 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.
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(Aug. 10, 1956, ch. 1041, 70A Stat. 562, § 9332; renumbered § 9432, Pub. L. 115–232, div. A, title VIII, § 806(a)(3), Aug. 13, 2018, 132 Stat. 1832.)
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## Notes
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Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 933210:1061a.Dec. 14, 1942, ch. 729, 56 Stat. 1049. 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.
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Editorial Notes
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Amendments2018—Pub. L. 115–232 renumbered section 9332 of this title as this section.
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Statutory Notes and Related Subsidiaries
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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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---
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# 10 U.S.C. § 9433 - Superintendent; faculty: appointment and detail
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## Text
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(a) The Superintendent and the Commandant of Cadets of the Academy shall be detailed to those positions by the President from the officers of the Air Force or the Space Force.
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(b) The permanent professors of the Academy shall be appointed by the President, by and with the advice and consent of the Senate.
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(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 Air Force.
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(Aug. 10, 1956, ch. 1041, 70A Stat. 562, § 9333; Pub. L. 85–600, § 1(20), Aug. 6, 1958, 72 Stat. 523; Pub. L. 101–189, div. A, title V, § 515(a)(2), Nov. 29, 1989, 103 Stat. 1441; renumbered § 9433, Pub. L. 115–232, div. A, title VIII, § 806(a)(3), Aug. 13, 2018, 132 Stat. 1832; Pub. L. 116–283, div. A, title IX, § 923(d)(8), Jan. 1, 2021, 134 Stat. 3814.)
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## Notes
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Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 9333(a)10:1062.R.S. 1313. 9333(b)10:1063.R.S. 1314 (words before semicolon). In subsection (a), the word “detailed” is substituted for the word “selected”, since historically the offices of superintendent and commandant of cadets have been filled by detail. The words “the officers of the Air Force” are substituted for the words “any arm of the service”, since the Air Force does not have statutory arms or corps. 10:1063 (1st sentence and 1st 26 words of last sentence) is omitted as covered by section 8012 of this title. 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 9349(b) of this title.
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Editorial Notes
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Amendments2021—Subsec. (a). Pub. L. 116–283 inserted “or the Space Force” after “Air Force”. 2018—Pub. L. 115–232 renumbered section 9333 of this title as this section. 1989—Subsec. (c). Pub. L. 101–189 substituted “director of admissions” for “registrar”. 1958—Subsec. (c). Pub. L. 85–600 added subsec. (c).
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Statutory Notes and Related Subsidiaries
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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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---
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---
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# 10 U.S.C. § 9433a - Superintendent: condition for detail to position
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## Text
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(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 9321(a) of this title, unless such retirement is waived under section 9321(b) of this title.
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(b) Minimum Tour of Duty.— An officer who is detailed to the position of Superintendent of the Academy shall be so detailed for a period of not less than three years. In any case in which an officer serving as Superintendent is reassigned or retires before having completed three years service as Superintendent, or otherwise leaves that position (other than due to death) without having completed three years service in that position, the Secretary of the Air Force shall submit to Congress notice that such officer left the position of Superintendent without having completed three years service in that position, together with a statement of the reasons why that officer did not complete three years service in that position.
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(Added Pub. L. 106–65, div. A, title V, § 532(a)(3)(B), Oct. 5, 1999, 113 Stat. 603, § 9333a; amended Pub. L. 108–375, div. A, title V, § 541(b)(3), Oct. 28, 2004, 118 Stat. 1903; renumbered § 9433a and amended Pub. L. 115–232, div. A, title VIII, §§ 806(a)(3), 809(a), Aug. 13, 2018, 132 Stat. 1832, 1840.)
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## Notes
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Editorial Notes
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Amendments2018—Pub. L. 115–232, § 806(a)(3), renumbered section 9333a of this title as this section. Subsec. (a). Pub. L. 115–232, § 809(a), substituted “section 9321(a)” for “section 8921(a)” and “section 9321(b)” for “section 8921(b)”. 2004—Pub. L. 108–375 designated existing provisions as subsec. (a), inserted heading, inserted “pursuant to section 8921(a) of this title, unless such retirement is waived under section 8921(b) of this title” before period at end, and added subsec. (b).
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Statutory Notes and Related Subsidiaries
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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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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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---
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# 10 U.S.C. § 9434 - Command and supervision
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## Text
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(a) The immediate government of the Academy is under the Superintendent, who is also the commanding officer of the Academy and of the military post.
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(b) The permanent professors and the director of admissions exercise command only in the academic department of the Academy.
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||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 562, § 9334; Pub. L. 85–600, § 1(21), Aug. 6, 1958, 72 Stat. 524; Pub. L. 101–189, div. A, title V, § 515(a)(3), Nov. 29, 1989, 103 Stat. 1441; renumbered § 9434, Pub. L. 115–232, div. A, title VIII, § 806(a)(3), Aug. 13, 2018, 132 Stat. 1832.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 9334(a)10:1042.R.S. 1311. 9334(b)10:1079.June 28, 1902, ch. 1300 (1st proviso under “Permanent Establishment”), 32 Stat. 409. In subsection (a), the words “and, in his absence, the next in rank” are omitted as surplusage. In subsection (b), reference to assimilated rank is omitted as superseded by section 9336 of this title. The words “and the associate professor” are omitted as obsolete.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2018—Pub. L. 115–232 renumbered section 9334 of this title as this section. 1989—Subsec. (b). Pub. L. 101–189 substituted “director of admissions” for “registrar”. 1958—Subsec. (b). Pub. L. 85–600 inserted reference to registrar.
|
||||
|
||||
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.
|
||||
@@ -0,0 +1,57 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 9435"
|
||||
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|
||||
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||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 9435 - Dean of the Faculty
|
||||
|
||||
## Text
|
||||
|
||||
(a) The Dean of the Faculty is responsible to the Superintendent for developing and sustaining the curriculum and overseeing the faculty of the Academy. The qualifications, selection procedures, training, pay grade, and retention of the Dean shall be prescribed by the Secretary of the Air Force, except that a person may not be appointed or assigned as Dean unless that person holds the highest academic degree in that person’s academic field. If a person appointed as the Dean is not an officer on active duty, the person shall be appointed as a member of the Senior Executive Service.
|
||||
|
||||
(b) The retirement age of an officer appointed as Dean of the Faculty is that of a permanent professor of the Academy.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 562, § 9335; Pub. L. 85–861, § 33(a)(46)(A), Sept. 2, 1958, 72 Stat. 1567; Pub. L. 99–661, div. A, title V, § 508(c), Nov. 14, 1986, 100 Stat. 3867; Pub. L. 102–484, div. A, title V, § 521(b), Oct. 23, 1992, 106 Stat. 2409; Pub. L. 106–65, div. A, title V, § 533(b), Oct. 5, 1999, 113 Stat. 605; Pub. L. 108–136, div. A, title V, § 529(a), (b), Nov. 24, 2003, 117 Stat. 1471; Pub. L. 108–375, div. A, title V, § 542, Oct. 28, 2004, 118 Stat. 1904; Pub. L. 114–328, div. A, title V, § 502(qq), Dec. 23, 2016, 130 Stat. 2106; Pub. L. 115–91, div. A, title V, § 507(b), Dec. 12, 2017, 131 Stat. 1375; renumbered § 9435, Pub. L. 115–232, div. A, title VIII, § 806(a)(3), Aug. 13, 2018, 132 Stat. 1832.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes 1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 9335(a)9335(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. So much of 10:1089 as relates to the duties of the Dean of the Faculty is omitted as covered by section 8012(e) of this title.
|
||||
|
||||
1958 ActThe word “regular” is deleted [in sections 9335 and 9336] to make clear that a Dean or professor of the United States Air Force 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
|
||||
|
||||
Amendments2018—Pub. L. 115–232 renumbered section 9335 of this title as this section. 2017—Subsec. (b). Pub. L. 115–91 substituted “appointed as Dean of the Faculty” for “so appointed”. 2016—Subsec. (b). Pub. L. 114–328 struck out first and third sentences which read “While serving as Dean of the Faculty, an officer on active duty who holds a grade lower than brigadier general (or the equivalent) shall hold the grade of brigadier general (or the equivalent), if appointed to that grade by the President, by and with the advice and consent of the Senate.” and “An officer so appointed is counted for purposes of the applicable limitation in section 526(a) of this title on general officers on active duty.”, respectively. 2004—Subsec. (a). Pub. L. 108–375 inserted “, except that a person may not be appointed or assigned as Dean unless that person holds the highest academic degree in that person’s academic field” after “Secretary of the Air Force”. 2003—Subsec. (a). Pub. L. 108–136, § 529(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The Dean of the Faculty shall be appointed as an additional permanent professor from the permanent professors who have served as heads of departments of instruction at the Academy.” Subsec. (b). Pub. L. 108–136, § 529(b), in first sentence, substituted “on active duty” for “of the Air Force” and inserted “(or the equivalent)” after “brigadier general” in two places and, in last sentence, inserted “applicable” before “limitation” and struck out “of the Air Force” after “general officers”. 1999—Pub. L. 106–65 designated existing provisions as subsec. (a) and added subsec. (b). 1992—Pub. L. 102–484 designated subsec. (a) as entire section and struck out subsec. (b) which read as follows: “The Dean has the grade of brigadier general while serving in such position, with the benefits authorized for regular brigadier generals of the Air Force, 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 amended subsec. (b) generally, substituting “while serving in such position” for “while serving as such” and “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” for “except that his retirement age”. 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 2003 AmendmentAmendment by Pub. L. 108–136 applicable with respect to any Dean of the Faculty of the United States Air Force Academy selected on or after Nov. 24, 2003, see section 529(d) of Pub. L. 108–136, set out as a note under section 9431 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.
|
||||
@@ -0,0 +1,59 @@
|
||||
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|
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|
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|
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|
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|
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 9436 - Permanent professors; director of admissions
|
||||
|
||||
## Text
|
||||
|
||||
(a) A permanent professor of the Academy 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 in the Air Force or the Space Force. However, a permanent professor appointed from the Regular Air Force or the Space Force has the grade of colonel after the date when such person completes six years of service as a professor, or after the date on which such person would have been promoted had such person been selected for promotion from among officers in the promotion zone, whichever is earlier. All other permanent professors have the grade of lieutenant colonel in the Air Force or the Space Force.
|
||||
|
||||
(b) A person appointed as director of admissions of the Academy has the regular grade of lieutenant colonel in the Air Force or the grade of lieutenant colonel in the Space Force, and, after such person has served six years as director of admissions, has the regular grade of colonel in the Air Force or the grade of lieutenant colonel in the Space Force. However, a person appointed from the Regular Air Force has the regular grade of colonel and a person appointed from the Space Force has the grade of colonel in the Space Force after the date when such person completes six years of service as director of admissions, or after the date on which such person would have been promoted had such person been selected for promotion from among officers in the promotion zone, whichever is earlier.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 562, § 9336; Pub. L. 85–600, § 1(22), Aug. 6, 1958, 72 Stat. 524; Pub. L. 85–861, § 33(a)(46)(B), Sept. 2, 1958, 72 Stat. 1567; Pub. L. 96–513, title II, § 218(b), title V, § 504(24), Dec. 12, 1980, 94 Stat. 2886, 2917; Pub. L. 98–525, title V, § 533(d)(2), Oct. 19, 1984, 98 Stat. 2528; Pub. L. 101–189, div. A, title V, § 515(a)(4), (b)(1), Nov. 29, 1989, 103 Stat. 1441; Pub. L. 108–136, div. A, title V, § 529(c)(2), Nov. 24, 2003, 117 Stat. 1472; renumbered § 9436, Pub. L. 115–232, div. A, title VIII, § 806(a)(3), Aug. 13, 2018, 132 Stat. 1832; Pub. L. 116–283, div. A, title IX, § 923(d)(9), Jan. 1, 2021, 134 Stat. 3814; Pub. L. 118–31, div. A, title XVII, § 1721(c)(1), Dec. 22, 2023, 137 Stat. 666.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes 1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 933610:1079a(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 9335 and 9336] to make clear that a Dean or professor of the United States Air Force 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
|
||||
|
||||
Amendments2023—Subsec. (a). Pub. L. 118–31, § 1721(c)(1)(A), struck out “the equivalent grade in” before “the Space Force.” in two places and “and a permanent professor appointed from the Regular Space Force has the grade equivalent to the grade of colonel in the Regular Air Force” before “after the date when such person completes” and inserted “or the Space Force” after “from the Regular Air Force”. Subsec. (b). Pub. L. 118–31, § 1721(c)(1)(B), substituted “the grade of lieutenant colonel in” for “the equivalent grade in” in two places and “Space Force has the grade of colonel in the Space Force” for “Regular Space Force has the grade equivalent to the grade of colonel in the Regular Air Force”. 2021—Pub. L. 116–283, § 923(d)(9)(B), substituted “such person” for “he” wherever appearing. Subsec. (a). Pub. L. 116–283, § 923(d)(9)(A)(i), inserted “in the Air Force or the equivalent grade in the Space Force” after “grade of colonel”, “and a permanent professor appointed from the Regular Space Force has the grade equivalent to the grade of colonel in the Regular Air Force” after “Force has the grade of colonel”, and “in the Air Force or the equivalent grade in the Space Force” after “lieutenant colonel”. Subsec. (b). Pub. L. 116–283, § 923(d)(9)(A)(ii), inserted “in the Air Force or the equivalent grade in the Space Force” after “colonel” in two places in first sentence, and “and a person appointed from the Regular Space Force has the grade equivalent to the grade of colonel in the Regular Air Force” before “after the date when” in second sentence. Insertions in first sentence were executed to reflect the probable intent of Congress due to omission of the words “by inserting” in directory language. 2018—Pub. L. 115–232 renumbered section 9336 of this title as this section. 2003—Subsec. (a). Pub. L. 108–136 struck out “, other than the Dean of the Faculty,” after “Academy”. 1989—Pub. L. 101–189, § 515(b), substituted “director of admissions” for “registrar” in section catchline. Subsec. (b). Pub. L. 101–189, § 515(a)(4), substituted “director of admissions” for “registrar” in three places. 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, § 504(24), substituted “after the date when a regular officer, junior to him on the promotion list or active-duty list on which his name was carried” for “after the date when a promotion-list officer, junior to him on the promotion list on which his name was carried”. Subsec. (c). Pub. L. 96–513, § 218(b), struck out subsec. (c) which provided that, unless he is serving in a higher grade, an officer detailed to perform the duties of registrar 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. 1958—Pub. L. 85–600, § 1(22)(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, § 1(22)(A), designated existing provisions as subsec. (a). Subsecs. (b), (c). Pub. L. 85–600, § 1(22)(B), 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 2003 AmendmentAmendment by Pub. L. 108–136 applicable with respect to any Dean of the Faculty of the United States Air Force Academy selected on or after Nov. 24, 2003, see section 529(d) of Pub. L. 108–136, set out as a note under section 9431 of this title.
|
||||
|
||||
Effective Date of 1980 AmendmentAmendment by section 218(b) 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, see section 701 of Pub. L. 96–513. Amendment by section 504(24) 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 August 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 August 6, 1958Prohibition against accrual of increase in pay or allowances for service performed prior to Aug. 6, 1958, see note set out under section 7436 of this title.
|
||||
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|
||||
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---
|
||||
|
||||
# 10 U.S.C. § 9438 - Civilian faculty: number; compensation
|
||||
|
||||
## Text
|
||||
|
||||
(a) The Secretary of the Air Force may employ as many civilians as professors, instructors, and lecturers at the Academy as the Secretary considers necessary.
|
||||
|
||||
(b) The compensation of persons employed under this section is as prescribed by the Secretary.
|
||||
|
||||
(c) The Secretary of the Air Force may, notwithstanding the provisions of subchapter V of chapter 55 of title 5 or section 6101 of such title, prescribe for persons employed under this section the following:
|
||||
|
||||
(1) The work schedule, including hours of work and tours of duty, set forth with such specificity and other characteristics as the Secretary determines appropriate.
|
||||
|
||||
(2) Any premium pay or compensatory time off for hours of work or tours of duty in excess of the regularly scheduled hours or tours of duty.
|
||||
|
||||
(Added Pub. L. 103–160, div. A, title V, § 533(b)(1), Nov. 30, 1993, 107 Stat. 1658, § 9338; amended Pub. L. 106–65, div. A, title XI, § 1107(c), Oct. 5, 1999, 113 Stat. 778; renumbered § 9438, Pub. L. 115–232, div. A, title VIII, § 806(a)(3), Aug. 13, 2018, 132 Stat. 1832.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2018—Pub. L. 115–232 renumbered section 9338 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. § 9441 - 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. 563, § 9341; renumbered § 9441, Pub. L. 115–232, div. A, title VIII, § 806(a)(3), Aug. 13, 2018, 132 Stat. 1832.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 934110:1144.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
|
||||
|
||||
Prior ProvisionsA prior section 9441 was renumbered section 9491 of this title. Another prior section 9441, acts Aug. 10, 1956, ch. 1041, 70A Stat. 572; Pub. L. 96–342, title X, § 1007(a), (b)(1), Sept. 8, 1980, 94 Stat. 1121, 1122; Pub. L 96–513, title V, § 514(12), Dec. 12, 1980, 94 Stat. 2935; Pub. L. 98–525, title XV, § 1533(a), Oct. 19, 1984, 98 Stat. 2632; Pub. L. 99–145, title XIII, § 1303(a)(28), title XIV, § 1458(a), Nov. 8, 1985, 99 Stat. 740, 763; Pub. L. 99–661, div. A, title XIII, § 1365(a), Nov. 14, 1986, 100 Stat. 4002; Pub. L. 103–337, div. A, title X, § 1062, Oct. 5, 1994, 108 Stat. 2847; Pub. L. 105–225, § 4(a)(3), Aug. 12, 1998, 112 Stat. 1499, related to Civil Air Patrol status, support by Air Force, and employment, prior to the general amendment of former chapter 909 (now 959) of this title by Pub. L. 106–398.
|
||||
|
||||
Amendments2018—Pub. L. 115–232 renumbered section 9341 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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|
||||
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|
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|
||||
|
||||
# 10 U.S.C. § 9441a - 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(c)(2)(A), Oct. 14, 1981, 95 Stat. 1006, § 9341a; renumbered § 9441a, Pub. L. 115–232, div. A, title VIII, § 806(a)(3), Aug. 13, 2018, 132 Stat. 1832.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2018—Pub. L. 115–232 renumbered section 9341a 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 DateSection effective with respect to nominations for appointment to the first class admitted to each Academy after Oct. 14, 1981, see section 203(d) of Pub. L. 97–60, set out as a note under section 7441a of this title.
|
||||
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|
||||
# 10 U.S.C. § 9442a - 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 9442(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 9442(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 9442 of this title.
|
||||
|
||||
(Added Pub. L. 117–81, div. A, title V, § 553(c)(1), Dec. 27, 2021, 135 Stat. 1737.)
|
||||
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|
||||
|
||||
# 10 U.S.C. § 9443 - Cadets: appointment; to bring 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 Air Force 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 Academy 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 9442(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. 564, § 9343; Pub. L. 88–276, § 4(2), Mar. 3, 1964, 78 Stat. 153; Pub. L. 89–718, § 46, Nov. 2, 1966, 80 Stat. 1121; Pub. L. 93–171, § 3(5), Nov. 29, 1973, 87 Stat. 691; Pub. L. 101–510, div. A, title V, § 532(a)(2), (c)(2), Nov. 5, 1990, 104 Stat. 1563, 1564; Pub. L. 112–239, div. A, title X, § 1076(f)(43), Jan. 2, 2013, 126 Stat. 1955; renumbered § 9443 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(a)(3), 809(a), Aug. 13, 2018, 132 Stat. 1832, 1840.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 934310:1092d.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 9342(a), and clause (2) of section 9342(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
|
||||
|
||||
Prior ProvisionsPrior sections 9443 to 9445 were renumbered sections 9493 to 9495 of this title, respectively.
|
||||
|
||||
Amendments2018—Pub. L. 115–232 renumbered section 9343 of this title as this section and substituted “section 9442(a)” for “section 9342(a)”. 2013—Pub. L. 112–239 substituted “paragraphs” for “clauses”. 1990—Pub. L. 101–510, § 532(a)(2), (c)(2), amended section identically, substituting “clauses (2) through (8)” for “clauses (2)–(9)”. 1973—Pub. L. 93–171 substituted “clauses (2)–(9) of section 9342(a)” for “clauses (2)–(8) of section 9342(a)”. 1966—Pub. L. 89–718 substituted “Academy Board” for “Faculty”. 1964—Pub. L. 88–276, among other changes, increased percentage of nominees to be selected from two-thirds to three-fourths, and struck out “as are necessary to meet the needs of the Air Force, but not more than the authorized strength of Air Force cadets” after “the Faculty”.
|
||||
|
||||
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 AmendmentFor effective 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 AppointmentsNonreduction of number of appointees from congressional sources under this section because of additional Presidential appointments under section 9342(b) (1) of this title, see section 2 of Pub. L. 89–650, set out as a note under section 7443 of this title.
|
||||
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|
||||
|
||||
# 10 U.S.C. § 9446 - 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 Air Force, that he is qualified in the subjects prescribed by the Secretary.
|
||||
|
||||
(c) A candidate designated as a principal or an alternate for appointment as a cadet shall appear for physical examination at a time and place designated by the Secretary.
|
||||
|
||||
(d) To be admitted to the Academy, an appointee must take and subscribe to an oath prescribed by the Secretary of the Air Force. If a candidate for admission refuses to take and subscribe to the prescribed oath, his appointment is terminated.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 565, § 9346; Pub. L. 89–718, § 47, Nov. 2, 1966, 80 Stat. 1121; Pub. L. 104–201, div. A, title V, § 555(d), Sept. 23, 1996, 110 Stat. 2527; renumbered § 9446, Pub. L. 115–232, div. A, title VIII, § 806(a)(3), Aug. 13, 2018, 132 Stat. 1832.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 9346(a)9346(b)9346(c)10:1092b (less provisos).10:1096.10:1095.June 30, 1950, ch. 421, § 2 (less provisos), 64 Stat. 304. R.S. 1319; restated Mar. 2, 1901, ch. 804 (1st proviso under “Permanent Establishment”), 31 Stat. 911. Aug. 9, 1912, ch. 275 (2d proviso under “Permanent Establishment”), 37 Stat. 252. In subsection (a), the words “Effective January 1, 1951” are omitted as executed. The word “Calendar” is omitted as surplusage. The words “must not have passed his twenty-second birthday” are substituted for the words “not more than twenty-two years of age”, to make it clear that a person whose twenty-second birthday falls on July 1 of the year of admission is eligible (see opinion of the Judge Advocate General of the Army (JAGA 1952/7083, 2 Sept. 1952)). In subsection (b), the words “is qualified in” are substituted for the words “to be well versed in”. The words “To be” are substituted for the words “before they shall be”. The words “an appointee must show that he is qualified” are substituted for the words “shall be required to be well versed”. The words “from time to time” are omitted as surplusage. In subsection (c), the word “shall” is substituted for the word “may”, since the nominee is required to appear for the examination. The word “appear” is substituted for the words “present himself”. The words “at a place” are substituted for the words “at West Point, New York, or other prescribed places”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 9446 was renumbered section 9496 of this title.
|
||||
|
||||
Amendments2018—Pub. L. 115–232 renumbered section 9346 of this title as this section. 1996—Subsec. (a). Pub. L. 104–201 substituted “twenty-third birthday” for “twenty-second birthday”. 1966—Subsec. (d). Pub. L. 89–718 added subsec. (d).
|
||||
|
||||
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.
|
||||
|
||||
Authority To Waive Maximum Age Limitation on Admission to Service Academies for Certain Enlisted Members Who Served During Persian Gulf WarFor authority to waive maximum age limitation in subsec. (a) of this section on basis of service on active duty in connection with Operation Desert Storm, see section 514 of Pub. L. 102–190, set out as a note under section 7446 of this title.
|
||||
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|
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---
|
||||
|
||||
# 10 U.S.C. § 9447 - 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. 565, § 9347, renumbered § 9447, Pub. L. 115–232, div. A, title VIII, § 806(a)(3), Aug. 13, 2018, 132 Stat. 1832.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 934710:1091–1.July 7, 1943, ch. 193, 57 Stat. 383. The word “domicile” is substituted for the words “place of residence” and “residence” to conform to opinions of the Judge Advocate General of the Army (R. 29, 83; J.A.G. 351.11, Feb. 10, 1925). The words “a * * * other than that from which he was nominated” are substituted for the word “another”. The words “were appointed with respect to”, “of the former district”, “as additional numbers”, “at such academy for the Representative”, “temporarily”, and “in attendance at such academy under an appointment from such former district” are omitted as surplusage. The words “the district in which his domicile so falls” are substituted for the words “of the latter district”. The words “to include him” are substituted for 10:1091–1 (18 words before proviso). The words “but the number as so increased” are substituted for 10:1091–1 (1st 13 words of proviso). The words “if he fails to become a cadet” are inserted for clarity.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 9447 was renumbered section 9497 of this title.
|
||||
|
||||
Amendments2018—Pub. L. 115–232 renumbered section 9347 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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|
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||||
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||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 9449 - Cadets: organization; service; instruction
|
||||
|
||||
## Text
|
||||
|
||||
(a) A cadet shall perform duties at such places and of such type as the President may direct.
|
||||
|
||||
(b) The course of instruction at the Academy is four years.
|
||||
|
||||
(c) The Secretary of the Air Force shall so arrange the course of studies at the Academy that cadets are not required to pursue their studies on Sunday.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 566, § 9349; renumbered § 9449, Pub. L. 115–232, div. A, title VIII, § 806(a)(3), Aug. 13, 2018, 132 Stat. 1832; amended Pub. L. 116–283, div. A, title IX, § 923(d)(12), Jan. 1, 2021, 134 Stat. 3815.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 9349(a)10:1102.R.S. 1322. 9349(b)10:1043.R.S. 1323. 9349(c)9349(d)10:1044.10:1105.Mar. 30, 1920, ch. 112 (1st par., less provisos, under “Miscellaneous”), 41 Stat. 548.R.S. 1324. In subsection (a), the word “commissioned” is inserted for clarity. 10:1105 (2d sentence) is omitted as obsolete. In subsection (b), the word “perform” is substituted for the words “be subject at all times to do”. The words “of such type” are substituted for the words “on such service”. In subsection (e), the words “members of the Air Force” are substituted for the words “private soldier, noncommissioned officer, and officer”. The words “taught and” are omitted as surplusage. 10:1105 (less 1st 18 words of last sentence) is omitted as inapplicable to the Air Force.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2021—Subsec. (d). Pub. L. 116–283 struck out subsec. (d) which read as follows: “Cadets shall be trained in the duties of members of the Air Force.” 2018—Pub. L. 115–232 renumbered section 9349 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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|
||||
---
|
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|
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|
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|
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|
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||||
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|
||||
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|
||||
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|
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---
|
||||
|
||||
# 10 U.S.C. § 9450 - Cadets: clothing and equipment
|
||||
|
||||
## Text
|
||||
|
||||
(a) The Secretary of the Air Force may prescribe the amount to be credited to a cadet, upon original admission to the Academy, for the cost of his initial issue of clothing and equipment. That amount shall be deducted from his pay. If a cadet is discharged before graduation while owing the United States for pay advanced for the purchase of required clothing and equipment, he shall turn in so much of his clothing and equipment of a distinctive military nature as is necessary to repay the amount advanced. If the value of the clothing and equipment turned in does not cover the amount owed, the indebtedness shall be canceled.
|
||||
|
||||
(b) Under such regulations as the Secretary may prescribe, uniforms and equipment shall be furnished to a cadet at the Academy upon his request.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 566, § 9350; renumbered § 9450, Pub. L. 115–232, div. A, title VIII, § 806(a)(3), Aug. 13, 2018, 132 Stat. 1832.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 9350(a)9350(b)10:1149a.10:1106.Aug. 31, 1918, ch. 166, § 9 (17th through 22d words), 40 Stat. 957. Aug. 22, 1951, ch. 340, § 1, 65 Stat. 196. In subsection (a), the words “while owing the United States for pay advanced for the purpose of” are substituted for the words “who is indebted to the United States on account of advances in pay to purchase”. The words “as is necessary to repay the amount advanced” are substituted for the words “to the extent required to discharge such indebtedness”. In subsection (b), the word “accouterments” is omitted as surplusage. The words “by the Government” and “such restrictions and” are omitted as surplusage. The words “at cost” are omitted to reflect Title IV of the National Security Act of 1947, as amended (63 Stat. 585), which authorized the Secretary of Defense to prescribe regulations governing the use and sale of certain inventories at cost, including applicable administrative expenses. (See opinion of the Assistant General Counsel (Fiscal Matters) of the Office of the Secretary of Defense, January 4, 1955.)
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2018—Pub. L. 115–232 renumbered section 9350 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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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 9451 - 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 Academy Board, be returned or reappointed to the Academy.
|
||||
|
||||
(b) Any cadet who fails to pass a required examination because he is deficient in any one subject of instruction is entitled to a reexamination of equal scope and difficulty in that subject, if he applies in writing to the Superintendent within 10 days after he is officially notified of his failure. The reexamination shall be held within 60 days after the date of his application. If the cadet passes the reexamination and is otherwise qualified, he shall be readmitted to the Academy. If he fails, he may not have another examination.
|
||||
|
||||
(c) The failure of a member of a graduating class to complete the course with his class does not delay the admission of his successor.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 566, § 9351; renumbered § 9451, Pub. L. 115–232, div. A, title VIII, § 806(a)(3), Aug. 13, 2018, 132 Stat. 1832.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 9351(a)9351(b)9351(c)10:1104.10:1103.10:1092b (1st proviso).Aug. 11, 1916, ch. 314 (3d, 4th, and 5th provisos under “Permanent Establishment”), 39 Stat. 493. R.S. 1325. June 30, 1950, ch. 421, § 2 (1st proviso), 64 Stat. 304. In subsection (a), 10:1104 (last 20 words) is omitted as superseded by section 8287(d) of this title. In subsection (b), the words “is entitled to” are substituted for the words “shall have the right to apply”. The words “of equal scope and difficulty in that subject” are substituted for the words “by compliance with the requirements existing at the time of the first examination”. In subsection (c), the words “by reason of sickness, or deficiency in his studies, or other cause” are omitted as surplusage.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2018—Pub. L. 115–232 renumbered section 9351 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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|
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||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 9452 - Cadets: hazing
|
||||
|
||||
## Text
|
||||
|
||||
(a) Subject to the approval of the Secretary of the Air Force, the Superintendent of the Academy shall issue regulations—
|
||||
|
||||
(1) defining hazing;
|
||||
|
||||
(2) designed to prevent that practice; and
|
||||
|
||||
(3) prescribing dismissal, suspension, or other adequate punishment for violations.
|
||||
|
||||
(b) If a cadet who is charged with violating a regulation issued under subsection (a), the penalty for which is or may be dismissal from the Academy, requests in writing a trial by a general court-martial, he may not be dismissed for that offense except under sentence of such a court.
|
||||
|
||||
(c) A cadet dismissed from the Academy for hazing may not be reappointed as a cadet, and is ineligible for appointment as a commissioned officer in a regular component of the Army, Navy, Air Force, or Marine Corps, or in the Space Force, until two years after the graduation of his class.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 566, § 9352; renumbered § 9452, Pub. L. 115–232, div. A, title VIII, § 806(a)(3), Aug. 13, 2018, 132 Stat. 1832; Pub. L. 116–283, div. A, title IX, § 923(d)(13), Jan. 1, 2021, 134 Stat. 3815; Pub. L. 118–31, div. A, title XVII, § 1721(c)(4), Dec. 22, 2023, 137 Stat. 667.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 9352(a)9352(b) 9352(c)10:1163 (1st par.).10:1163 (1st 32 words of last par.).10:1163 (last par., less 1st 32 words).Mar. 2, 1901, ch. 804 (2d proviso under “Permanent Establishment”); restated Apr. 19, 1910, ch. 174 (38th par. under “Buildings and Grounds”), 36 Stat. 323. In subsection (a), the word “violations” is substituted for the words “infractions of the same”. The words “to embody a clear” are omitted as surplusage. In subsection (b), the words “the penalty for which is or may be” are substituted for the words “which would involve”. The words “may not be dismissed for that offense except under sentence of such a court” are substituted for the words “shall be granted”. In subsection (c), the words “a regular component” are inserted, since the source statute historically applied only to the regular components.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2023—Subsec. (c). Pub. L. 118–31 substituted “or Marine Corps, or in the Space Force,” for “Marine Corps, or Space Force,”. 2021—Subsec. (c). Pub. L. 116–283 substituted “as a cadet” for “as an Air Force cadet” and “Marine Corps, or Space Force” for “or Marine Corps”. 2018—Pub. L. 115–232 renumbered section 9352 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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||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 9453 - Cadets: degree and commission on graduation
|
||||
|
||||
## Text
|
||||
|
||||
(a) The Superintendent of the Academy may, under such conditions as the Secretary of the Air Force may prescribe, 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 Air Force under section 531 of this title or a second lieutenant in the Space Force under section 531 or 20201 of this title.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 567, § 9353; Pub. L. 85–861, §§ 1(201), 33(a)(43), Sept. 2, 1958, 72 Stat. 1541, 1567; Pub. L. 96–513, title V, § 504(25), Dec. 12, 1980, 94 Stat. 2917; Pub. L. 105–85, div. A, title V, § 542(d), Nov. 18, 1997, 111 Stat. 1743; renumbered § 9453, Pub. L. 115–232, div. A, title VIII, § 806(a)(3), Aug. 13, 2018, 132 Stat. 1832; Pub. L. 116–283, div. A, title IX, § 923(d)(14), Jan. 1, 2021, 134 Stat. 3815; Pub. L. 118–31, div. A, title XVII, § 1721(c)(5), Dec. 22, 2023, 137 Stat. 667.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes 1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 9353(a) 9353(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 word “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) 9353(b)10 App.:1850c(e) (1st sentence).July 20, 1956, ch. 646, § 203(e) (1st sentence), 70 Stat. 585. It is unnecessary to include a reference to section 541 of title 10, since that section does not derogate from the authority granted in this section. The change reflects the opinion of the Judge Advocate General of the Air Force (July 19, 1957) that the words “from and after the date of the accrediting of said academies” in the source law for section 9353(a) (Act of May 25, 1933, ch. 37 (48 Stat. 73), as amended) were a condition precedent to the authority to grant degrees and should not have been omitted.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2023—Subsec. (b). Pub. L. 118–31 struck out “or in the equivalent grade in the Regular Space Force” after “Regular Air Force” and inserted before period at end “or a second lieutenant in the Space Force under section 531 or 20201 of this title”. 2021—Subsec. (b). Pub. L. 116–283 inserted “or in the equivalent grade in the Regular Space Force” after “Regular Air Force”. 2018—Pub. L. 115–232 renumbered section 9353 of this title as this section. 1997—Subsec. (a). Pub. L. 105–85 substituted “The” for “After the date of the accrediting of the Academy, the”. 1980—Subsec. (b). Pub. L. 96–513 inserted “under section 531 of this title” after “Regular Air Force”. 1958—Subsec. (a). Pub. L. 85–861, § 33(a)(43), permitted conferring of degrees only after date of accrediting of Academy. Subsec. (b). Pub. L. 85–861, § 1(201), 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.
|
||||
|
||||
Effective Date of 1958 AmendmentAmendment by section 33(a)(43) of 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.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 9454"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 9454 - Buildings and grounds: buildings for religious worship
|
||||
|
||||
## Text
|
||||
|
||||
The Secretary of the Air Force may authorize any denomination, sect, or religious body to erect a building for religious worship at the Air Force Academy, if its erection will not interfere with the use of the reservation for military purposes and will be without expense to the United States. Such a building shall be removed, or its location changed, without compensation for it and without expense to the United States, by the denomination, sect, or religious body that erected it, whenever in the opinion of the Secretary public or military necessity so requires.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 567, § 9354; renumbered § 9454, Pub. L. 115–232, div. A, title VIII, § 806(a)(3), Aug. 13, 2018, 132 Stat. 1832.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 935410:1126.July 8, 1898, ch. 636, 30 Stat. 722. The words “in his discretion” and “Government of” are omitted as surplusage. The words “United States” are substituted for the word “Government”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2018—Pub. L. 115–232 renumbered section 9354 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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||||
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|
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|
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---
|
||||
|
||||
# 10 U.S.C. § 9455 - 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) (1) 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 designated by the President. The President shall designate persons each year to succeed the members designated by the President whose terms expire that year.
|
||||
|
||||
(2) At least two of the members designated by the President shall be graduates of the Academy.
|
||||
|
||||
(c) (1) If a member of the Board dies or resigns or is terminated as a member of the Board under paragraph (2), a successor shall be designated for the unexpired portion of the term by the official who designated the member.
|
||||
|
||||
(2) (A) If a member of the Board fails to attend two successive Board meetings, except in a case in which an absence is approved in advance, for good cause, by the Board chairman, such failure shall be grounds for termination from membership on the Board. A person designated for membership on the Board shall be provided notice of the provisions of this paragraph at the time of such designation.
|
||||
|
||||
(B) Termination of membership on the Board under subparagraph (A)—
|
||||
|
||||
(i) in the case of a member of the Board who is not a member of Congress, may be made by the Board chairman; and
|
||||
|
||||
(ii) in the case of a member of the Board who is a member of Congress, may be made only by the official who designated the member.
|
||||
|
||||
(C) When a member of the Board is subject to termination from membership on the Board under subparagraph (A), the Board chairman shall notify the official who designated the member. Upon receipt of such a notification with respect to a member of the Board who is a member of Congress, the official who designated the member shall take such action as that official considers appropriate.
|
||||
|
||||
(d) The Board shall visit the Academy annually. With the approval of the Secretary of the Air Force, 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. Board members shall have access to the Academy grounds and the cadets, faculty, staff, and other personnel of the Academy for the purposes of the duties of the Board.
|
||||
|
||||
(e) (1) The Board shall inquire into the morale, discipline, and social climate, the curriculum, instruction, physical equipment, fiscal affairs, academic methods, and other matters relating to the Academy that the Board decides to consider.
|
||||
|
||||
(2) The Secretary of the Air Force and the Superintendent of the Academy shall provide the Board candid and complete disclosure, consistent with applicable laws concerning disclosure of information, with respect to institutional problems.
|
||||
|
||||
(3) The Board shall recommend appropriate action.
|
||||
|
||||
(f) The Board shall prepare a semiannual report containing its views and recommendations pertaining to the Academy, based on its meeting since the last such report and any other considerations it determines relevant. Each such report shall be submitted concurrently to the Secretary of Defense, through the Secretary of the Air Force, and to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.
|
||||
|
||||
(g) Upon approval by the Secretary, the Board may call in advisers for consultation.
|
||||
|
||||
(h) While performing duties as a member of the Board, each member of the Board and each adviser shall be reimbursed under Government travel regulations for 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. 567, § 9355; Pub. L. 96–579, § 13(c), 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; Pub. L. 108–375, div. A, title V, § 543, Oct. 28, 2004, 118 Stat. 1904; Pub. L. 109–364, div. A, title X, § 1071(a)(39), Oct. 17, 2006, 120 Stat. 2400; renumbered § 9455 and amended Pub. L. 115–232, div. A, title V, § 593, title VIII, § 806(a)(3), Aug. 13, 2018, 132 Stat. 1789, 1832; Pub. L. 117–81, div. A, title V, §§ 554(c), 555(c), Dec. 27, 2021, 135 Stat. 1738, 1739; Pub. L. 118–159, div. A, title V, § 558(c), Dec. 23, 2024, 138 Stat. 1899; Pub. L. 119–60, div. A, title V, § 557(c), Dec. 18, 2025, 139 Stat. 879.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 9355(a) 9355(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. 9355(c)10:1057. 9355(d)10:1058. 9355(e)10:1059(a). 9355(f)10:1059(b). 9355(g)10:1059(c). 9355(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) (less 1st 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 to 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(c)(1), added subsec. (a) and struck out former subsec. (a) which set out 5 categories of members of the Board of Visitors to the Academy, as constituted annually. Subsec. (f). Pub. L. 118–159, § 558(c)(2), which directed insertion of “and the Committees on Armed Services of the Senate and House of Representatives” after “the President” both places it appeared, could not be executed because “the President” no longer appeared in subsec. (f) after the general amendment of this section by Pub. L. 108–375, § 543. 2021—Subsec. (b)(1). Pub. L. 117–81, § 554(c), substituted “is designated by the President” for “is designated”. Subsec. (i). Pub. L. 117–81, § 555(c), added subsec. (i). 2018—Pub. L. 115–232, § 806(a)(3), renumbered section 9355 of this title as this section. Subsec. (d). Pub. L. 115–232, § 593, added subsec. (d) and struck out former subsec. (d) which read as follows: “The Board should meet at least four times a year, with at least two of those meetings at the Academy. The Board or its members may make other visits to the Academy in connection with the duties of the Board. Board meetings should last at least one full day. Board members shall have access to the Academy grounds and the cadets, faculty, staff, and other personnel of the Academy for the purposes of the duties of the Board.” 2006—Subsec. (c)(1). Pub. L. 109–364 substituted “Board under paragraph (2)” for “board under paragraph (2)”. 2004—Pub. L. 108–375 amended section generally. Prior to amendment, section contained provisions relating to membership of Board of Visitors in subsec. (a), term of office in subsec. (b), designation of successor in subsec. (c), frequency of Academy visits in subsec. (d), scope of Board inquiries in subsec. (e), submission of reports in subsec. (f), calling in of advisers in subsec. (g), and reimbursement for travel in subsec. (h). 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 section 806(a)(3) of 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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|
||||
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|
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 9456 - Acceptance of guarantees with gifts for major projects
|
||||
|
||||
## Text
|
||||
|
||||
(a) Acceptance Authority.— Subject to subsection (c), the Secretary of the Air Force 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 Air Force 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 Air Force 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 Air Force, 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 Air Force, 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 Air Force 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 Air Force to qualify the firm as a major investment management firm.
|
||||
|
||||
(Added Pub. L. 106–65, div. B, title XXVIII, § 2871(c)(1), Oct. 5, 1999, 113 Stat. 875, § 9356; 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)(59), Nov. 24, 2003, 117 Stat. 1603; renumbered § 9456, Pub. L. 115–232, div. A, title VIII, § 806(a)(3), Aug. 13, 2018, 132 Stat. 1832.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2018—Pub. L. 115–232 renumbered section 9356 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)” in introductory provisions.
|
||||
|
||||
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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|
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|
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|
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|
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|
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|
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|
||||
# 10 U.S.C. § 9457 - Grants for faculty research for scientific, literary, and educational purposes: acceptance; authorized grantees
|
||||
|
||||
## Text
|
||||
|
||||
(a) Acceptance of Research Grants.— The Secretary of the Air Force may authorize the Superintendent of the Academy to accept qualifying research grants under this section. Any such grant may only be accepted if the work under the grant is to be carried out by a professor or instructor of the Academy for a scientific, literary, or educational purpose.
|
||||
|
||||
(b) Qualifying Grants.— A qualifying research grant under this section is a grant that is awarded on a competitive basis by an entity referred to in subsection (c) for a research project with a scientific, literary, or educational purpose.
|
||||
|
||||
(c) Entities From Which Grants May be Accepted.— A grant may be accepted under this section only from a corporation, fund, foundation, educational institution, or similar entity that is organized and operated primarily for scientific, literary, or educational purposes.
|
||||
|
||||
(d) Administration of Grant Funds.— The Secretary shall establish an account for administering funds received as research grants under this section. The Superintendent shall use the funds in the account in accordance with applicable regulations and the terms and conditions of the grants received.
|
||||
|
||||
(e) Related Expenses.— Subject to such limitations as may be provided in appropriations Acts, appropriations available for the Academy may be used to pay expenses incurred by the Academy in applying for, and otherwise pursuing, award of a qualifying research grant.
|
||||
|
||||
(f) Regulations.— The Secretary of the Air Force shall prescribe regulations for the administration of this section.
|
||||
|
||||
(Added Pub. L. 105–261, div. A, title X, § 1063(c)(1), Oct. 17, 1998, 112 Stat. 2131, § 9357; renumbered § 9457, Pub. L. 115–232, div. A, title VIII, § 806(a)(3), Aug. 13, 2018, 132 Stat. 1832.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2018—Pub. L. 115–232 renumbered section 9357 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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|
||||
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|
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|
||||
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 9459 - 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 Air Force may designate funds appropriated to the Department of the Air Force 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(c)(1), Oct. 28, 2004, 118 Stat. 1907, § 9359; renumbered § 9459, Pub. L. 115–232, div. A, title VIII, § 806(a)(3), Aug. 13, 2018, 132 Stat. 1832.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2018—Pub. L. 115–232 renumbered section 9359 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 DateSection applicable only with respect to funds appropriated for fiscal years after fiscal year 2004, see section 544(d) of Pub. L. 108–375, set out as a note under section 7459 of this title.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
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|
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|
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|
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|
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|
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|
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---
|
||||
|
||||
# 10 U.S.C. § 9460 - 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(c)(1), Oct. 28, 2004, 118 Stat. 1908, § 9360; renumbered § 9460, Pub. L. 115–232, div. A, title VIII, § 806(a)(3), Aug. 13, 2018, 132 Stat. 1832.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2018—Pub. L. 115–232 renumbered section 9360 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.
|
||||
@@ -0,0 +1,143 @@
|
||||
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|
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|
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---
|
||||
|
||||
# 10 U.S.C. § 9461 - Policy on sexual harassment and sexual violence
|
||||
|
||||
## Text
|
||||
|
||||
(a) Required Policy.— Under guidance prescribed by the Secretary of Defense, the Secretary of the Air Force 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 Air Force, 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 Air Force 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 Air Force 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 Air Force 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 Air Force 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 Air Force shall provide for timely consideration of and action on a request submitted by a cadet appointed to the United States Air Force 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 Air Force 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 Air Force Academy shall ensure that any cadet who has been appointed to the United States Air Force 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 Air Force 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 Air Force 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 Air Force Academy denies a request for transfer under this subsection, the cadet may request review of the denial by the Secretary of the Air Force, 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 Air Force 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)(3), Oct. 17, 2006, 120 Stat. 2203, § 9361; renumbered § 9461, Pub. L. 115–232, div. A, title VIII, § 806(a)(3), Aug. 13, 2018, 132 Stat. 1832; amended Pub. L. 116–92, div. A, title V, § 555(c), Dec. 20, 2019, 133 Stat. 1390; Pub. L. 116–283, div. A, title V, § 552(b)(3), 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 9361 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 AssaultSecretary of Defense to consult with Secretaries of the military departments and Superintendent of each military service academy and prescribe in regulations a policy that allows a cadet or midshipman of a military service academy who is the alleged victim or alleged perpetrator of a sexual assault to complete their course of study at the academy with minimal disruption and does not preclude the academy from taking other administrative or disciplinary action, see section 539 of Pub. L. 116–283, set out as a note under section 7461 of this title.
|
||||
|
||||
Applicability of Sexual Assault Prevention and Response and Related Military Justice Enhancements to Military Service AcademiesSecretary of the military department concerned to ensure that the provisions of title XVII of Pub. L. 113–66 and subtitle D of title V of div. A of Pub. L. 113–291 apply to the United States Military Academy, the Naval Academy, and the Air Force Academy, as applicable, see section 552(a) of Pub. L. 113—291, set out as a note under section 7461 of this title.
|
||||
|
||||
Prevention of Sexual Assault at Military Service AcademiesSecretary of Defense to ensure that military service academy curricula include honor, respect, and character development pertaining to prevention of sexual assault in the Armed Forces; training provided within 14 days after a new cadet or midshipman arrives at the academy and repeated annually, see section 1746 of Pub. L. 113–66, set out as a note under section 7461 of this title.
|
||||
|
||||
Further Information From Cadets and Midshipmen at the Service Academies on Sexual Assault and Sexual Harassment IssuesSecretary of a military department to provide for focus groups to ascertain information relating to sexual assault and sexual harassment issues in any year in which the Secretary is not required by law to conduct a survey on such matters at the service academy under the Secretary’s jurisdiction and to include such information in the Secretary’s annual report to Congress, see section 532(b) of Pub. L. 109–364, set out as a note under section 7461 of this title.
|
||||
@@ -0,0 +1,91 @@
|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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---
|
||||
|
||||
# 10 U.S.C. § 9462 - Support of athletic programs
|
||||
|
||||
## Text
|
||||
|
||||
(a) Corporation for Support Authorized.— (1) The Secretary of the Air Force may, in accordance with the laws of the State of incorporation, establish a corporation (in this section referred to as the “corporation”) to support the athletic programs of the Academy. All stock of the corporation shall be owned by the United States and held in the name of and voted by the Secretary of the Air Force.
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(2) The corporation shall operate exclusively for charitable, educational, and civic purposes to support the athletic programs of the Academy.
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(b) Corporate Organization.— The corporation shall be organized and operated—
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(1) as a nonprofit corporation under section 501(c)(3) of the Internal Revenue Code of 1986;
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(2) in accordance with this section; and
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(3) pursuant to the laws of the State of incorporation, its articles of incorporation, and its bylaws.
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(c) Corporate Board of Directors.— (1) The members of the board of directors of the corporation shall serve without compensation as members of the board, except for reasonable travel and other related expenses for attendance at meetings of the board.
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(2) The Secretary of the Air Force may authorize military and civilian personnel of the Department of the Air Force under section 1033 of this title to serve, in their official capacities, as members of the board of directors of the corporation, but such personnel shall not hold more than one-third of the directorships.
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(d) Transfers From Nonappropriated Fund Operation.— The Secretary of the Air Force may, subject to the acceptance of the corporation, transfer to the corporation all title to and ownership of the assets and liabilities of the Air Force nonappropriated fund instrumentality whose functions include providing support for the athletic programs of the Academy, including bank accounts and financial reserves in its accounts, equipment, supplies, and other personal property, but excluding any interest in real property.
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(e) Acceptance of Support.— (1) Support received from the corporation.— Notwithstanding section 1342 of title 31, the Secretary of the Air Force may accept from the corporation funds, supplies, equipment, and services for the support of the athletic programs of the Academy.
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(2) Funds received from other sources.— The Secretary may charge fees for the support of the athletic programs of the Academy. The Secretary may accept and retain fees for services and other benefits provided incident to the operation of its athletic programs, including fees from the National Collegiate Athletic Association, fees from athletic conferences, game guarantees from other educational institutions, fees for ticketing or licensing, and other consideration provided incidental to the execution of the athletic programs of the Academy.
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(3) Limitations.— The Secretary shall ensure that contributions accepted under this subsection do not—
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(A) reflect unfavorably on the ability of the Department of the Air Force, 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
|
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(B) compromise the integrity or appearance of integrity of any program of the Department of the Air Force, or any individual involved in such a program.
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(f) Leases and Licenses.— (1) In general.— The Secretary of the Air Force may, in accordance with section 2667 of this title, enter into leases or licenses with the corporation for the purpose of supporting the athletic programs of the Academy. Consideration provided under such a lease or license may be provided in the form of funds, supplies, equipment, and services for the support of the athletic programs of the Academy.
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(2) Support services.— The Secretary may provide support services to the corporation without charge while the corporation conducts its support activities at the Academy. In this paragraph, 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. Any such support services may only be provided without any liability of the United States to the corporation.
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(g) Contracts and Cooperative Agreements.— The Secretary of the Air Force may enter into contracts and cooperative agreements with the corporation 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, services, or travel for the direct benefit or use of the athletic programs of the Academy.
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(h) Trademarks and Service Marks.— (1) Licensing, marketing, and sponsorship agreements.— An agreement under subsection (g) may, consistent with section 2260 of this title (other than subsection (d) of such section), authorize the corporation 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 Air Force.
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(2) Limitations.— No licensing, marketing, or sponsorship agreement may be entered into under paragraph (1) if—
|
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|
||||
(A) such agreement would reflect unfavorably on the ability of the Department of the Air Force, 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 Air Force, or any individual involved in such a program.
|
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|
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(i) Retention and Use of Funds.— Any funds received under this section may be retained for use in support of the athletic programs of the Academy and shall remain available until expended.
|
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|
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(Added Pub. L. 111–84, div. A, title V, § 528(a), Oct. 28, 2009, 123 Stat. 2289, § 9362; amended Pub. L. 113–291, div. A, title V, § 554, Dec. 19, 2014, 128 Stat. 3377; renumbered § 9462, Pub. L. 115–232, div. A, title VIII, § 806(a)(3), Aug. 13, 2018, 132 Stat. 1832; Pub. L. 116–283, div. A, title IX, § 923(d)(15), title XVIII, § 1883(b)(2), Jan. 1, 2021, 134 Stat. 3815, 4294.)
|
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|
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## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 501(c)(3) of the Internal Revenue Code of 1986, referred to in subsec. (b)(1), is classified to section 501(c)(3) of Title 26, Internal Revenue Code.
|
||||
|
||||
Amendments2021—Subsec. (c)(2). Pub. L. 116–283, § 923(d)(15), substituted “personnel of the Department of the Air Force” for “personnel of the Air Force”. Subsec. (g). Pub. L. 116–283, § 1883(b)(2), 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 9362 of this title as this section. 2014—Subsecs. (e) to (i). Pub. L. 113–291 added subsecs. (e) to (i) and struck out former subsecs. (e) to (g) which related to acceptance of gifts, leases of real and personal property, and cooperative agreements, respectively.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by section 1883(b)(2) of 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.
|
||||
Reference in New Issue
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