1. U.S. Code
  2. title 10
  3. subtitle B
  4. part III
  5. chapter 753
  6. § 7433a

Collapse to view only § 7433a. Superintendent: condition for detail to position

§ 7431. Establishment; Superintendent; faculty
(a) There is in the Department of the Army a United States Military Academy, at West Point, New York (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 Army.
(b) There shall be at the Academy the following:
(1) A Superintendent.
(2) A Dean of the Academic Board, who is a permanent professor.
(3) A Commandant of Cadets.
(4) Twenty-eight permanent professors.
(5) A chaplain.
(6) A director of admissions.
(Aug. 10, 1956, ch. 1041, 70A Stat. 238, § 4331; Pub. L. 85–600, § 1(8), Aug. 6, 1958, 72 Stat. 522; Pub. L. 85–723, Aug. 21, 1958, 72 Stat. 711; Pub. L. 95–551, § 1, Oct. 30, 1978, 92 Stat. 2069; Pub. L. 96–513, title V, § 512(12), Dec. 12, 1980, 94 Stat. 2929; Pub. L. 102–484, div. A, title V, § 523(a), Oct. 23, 1992, 106 Stat. 2409; Pub. L. 103–160, div. A, title V, § 533(a)(3), Nov. 30, 1993, 107 Stat. 1658; Pub. L. 110–181, div. A, title V, § 507, Jan. 28, 2008, 122 Stat. 96; renumbered § 7431, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)

CITE AS: 10 USC 7431

§ 7432. Departments and professors: titles
(a) The Secretary of the Army may prescribe the titles of each of the departments of instruction and the professors of the Academy. However, the change of the title of a department or officer does not affect the status, rank, or eligibility for promotion or retirement of, or otherwise prejudice, a professor at the Academy.
(b) Upon becoming the senior professor in a department, a permanent professor thereby becomes the head of that department.
(Aug. 10, 1956, ch. 1041, 70A Stat. 238, § 4332; renumbered § 7432, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)

CITE AS: 10 USC 7432

§ 7433. Superintendent; faculty: appointment and detail
(a) The Superintendent and the Commandant of Cadets of the Academy shall be detailed to those positions by the President from any branch of the Army. Other officers on duty at the Academy, except the permanent professors, may be detailed from any branch of the Army.
(b) The permanent professors of the Academy shall be appointed by the President, by and with the advice and consent of the Senate.
(c) The director of admissions of the Academy shall be appointed by the President, by and with the advice and consent of the Senate, and shall perform such duties as the Superintendent of the Academy may prescribe with the approval of the Secretary of the Army.
(d) Any officer of the Regular Army in a grade above captain may be detailed to perform the duties of director of admissions without being appointed as director of admissions. Such a detail does not affect his position on the active-duty list.
(e) No graduate of the Academy may be appointed or detailed to serve at the Academy as a professor or instructor, or as an assistant to a professor or instructor, within two years after his graduation.
(Aug. 10, 1956, ch. 1041, 70A Stat. 238, § 4333; Pub. L. 85–600, § 1(9), Aug. 6, 1958, 72 Stat. 522; Pub. L. 95–551, § 2, Oct. 30, 1978, 92 Stat. 2069; Pub. L. 96–513, title V, § 502(24), Dec. 12, 1980, 94 Stat. 2910; renumbered § 7433, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)

CITE AS: 10 USC 7433

§ 7433a. Superintendent: condition for detail to position
(a)Retirement.—As a condition for detail to the position of Superintendent of the Academy, an officer shall acknowledge that upon termination of that detail the officer shall be retired pursuant to section 7321(a) of this title, unless such retirement is waived under section 7321(b) of this title.
(b)Minimum Tour of Duty.—An officer who is detailed to the position of Superintendent of the Academy shall be so detailed for a period of not less than three years. In any case in which an officer serving as Superintendent is reassigned or retires before having completed three years service as Superintendent, or otherwise leaves that position (other than due to death) without having completed three years service in that position, the Secretary of the Army shall submit to Congress notice that such officer left the position of Superintendent without having completed three years service in that position, together with a statement of the reasons why that officer did not complete three years service in that position.
(Added Pub. L. 106–65, div. A, title V, § 532(a)(1)(B), Oct. 5, 1999, 113 Stat. 603, § 4333a; amended Pub. L. 108–375, div. A, title V, § 541(b)(1), Oct. 28, 2004, 118 Stat. 1902; renumbered § 7433a and amended Pub. L. 115–232, div. A, title VIII, §§ 808(c)(1), 809(a), Aug. 13, 2018, 132 Stat. 1839, 1840.)

CITE AS: 10 USC 7433a

§ 7434. Command and supervision
(a) The supervision and charge of the Academy is in the Department of the Army, under officers of the Army detailed to that duty by the Secretary of the Army.
(b) The immediate government of the Academy is under the Superintendent, who is also the commanding officer of the Academy and of the military post at West Point.
(c) The Commandant of Cadets is the immediate commander of the Corps of Cadets, and is in charge of the instruction of the Corps in tactics.
(d) The permanent professors and the director of admissions exercise command only in the academic department of the Academy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 239, § 4334; Pub. L. 85–600, § 1(10), Aug. 6, 1958, 72 Stat. 523; Pub. L. 95–551, § 2, Oct. 30, 1978, 92 Stat. 2069; renumbered § 7434, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)

CITE AS: 10 USC 7434

§ 7435. Dean of Academic Board
(a) The Dean of the Academic Board shall be appointed as an additional permanent professor from the permanent professors who have served as heads of departments of instruction at the Academy.
(b) The Dean of the Academic Board shall perform such duties as the Superintendent of the Academy may prescribe with the approval of the Secretary of the Army.
(c) The retirement age of an officer appointed as Dean of the Academic Board is that of a permanent professor of the Academy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 239, § 4335; Pub. L. 85–861, § 33(a)(46)(A), Sept. 2, 1958, 72 Stat. 1567; Pub. L. 99–661, div. A, title V, § 508(a), Nov. 14, 1986, 100 Stat. 3866; Pub. L. 102–484, div. A, title V, § 521(a), Oct. 23, 1992, 106 Stat. 2409; Pub. L. 106–65, div. A, title V, § 533(a), Oct. 5, 1999, 113 Stat. 604; Pub. L. 115–91, div. A, title V, § 507(a), Dec. 12, 2017, 131 Stat. 1374; renumbered § 7435, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)

CITE AS: 10 USC 7435

§ 7436. Permanent professors; director of admissions
(a) A permanent professor of the Academy, other than the Dean of the Academic Board, who is the head of a department of instruction, or who has served as such a professor for more than six years, has the grade of colonel. However, a permanent professor appointed from the Regular Army has the grade of colonel after the date when he completes six years of service as a professor, or after the date on which he would have been promoted had he been selected for promotion from among officers in the promotion zone, whichever is earlier. All other permanent professors have the grade of lieutenant colonel.
(b) A person appointed as director of admissions of the Academy has the regular grade of lieutenant colonel, and, after he has served six years as director of admissions, has the regular grade of colonel. However, a person appointed from the Regular Army has the regular grade of colonel after the date when he completes six years of service as director of admissions, or after the date on which he would have been promoted had he been selected for promotion from among officers in the promotion zone, whichever is earlier.
(Aug. 10, 1956, ch. 1041, 70A Stat. 239, § 4336; Pub. L. 85–600, § 1(11), Aug. 6, 1958, 72 Stat. 523; Pub. L. 85–861, § 33(a)(46)(B), Sept. 2, 1958, 72 Stat. 1567; Pub. L. 95–551, §§ 2, 4(a), Oct. 30, 1978, 92 Stat. 2069; Pub. L. 96–513, title II, § 218(a), title V, § 502(25), Dec. 12, 1980, 94 Stat. 2886, 2911; Pub. L. 98–525, title V, § 533(d)(1), Oct. 19, 1984, 98 Stat. 2528; renumbered § 7436, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)

CITE AS: 10 USC 7436

§ 7437. Chaplain

There shall be a chaplain at the Academy, who must be a clergyman, appointed by the President for a term of four years. The chaplain is entitled to a monthly housing allowance in the same amount as the basic allowance for housing allowed to a lieutenant colonel, and to fuel and light for quarters in kind. The chaplain may be reappointed.

(Aug. 10, 1956, ch. 1041, 70A Stat. 239, § 4337; Pub. L. 87–651, title I, § 117, Sept. 7, 1962, 76 Stat. 513; Pub. L. 107–107, div. A, title V, § 540(a), Dec. 28, 2001, 115 Stat. 1109; renumbered § 7437, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)

CITE AS: 10 USC 7437

§ 7438. Civilian faculty: number; compensation
(a) The Secretary of the Army may employ as many civilians as professors, instructors, and lecturers at the Academy as the Secretary considers necessary.
(b) The compensation of persons employed under this section is as prescribed by the Secretary.
(c) The Secretary of the Army may, notwithstanding the provisions of subchapter V of chapter 55 of title 5 or section 6101 of such title, prescribe for persons employed under this section the following:
(1) The work schedule, including hours of work and tours of duty, set forth with such specificity and other characteristics as the Secretary determines appropriate.
(2) Any premium pay or compensatory time off for hours of work or tours of duty in excess of the regularly scheduled hours or tours of duty.
(Added Pub. L. 103–160, div. A, title V, § 533(a)(1), Nov. 30, 1993, 107 Stat. 1658, § 4338; amended Pub. L. 106–65, div. A, title XI, § 1107(a), Oct. 5, 1999, 113 Stat. 778; renumbered § 7438, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)

CITE AS: 10 USC 7438

§ 7440. Quartermaster
The Secretary of the Army shall detail a commissioned officer of the Army as quartermaster for the Corps of Cadets. The quartermaster shall—
(1) buy and issue all supplies for the cadets;
(2) buy and issue all provisions for the mess; and
(3) supervise the mess.
(Aug. 10, 1956, ch. 1041, 70A Stat. 240, § 4340; renumbered § 7440, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)

CITE AS: 10 USC 7440

§ 7441. Faculty and other officers: leaves of absence

The Superintendent of the Academy may grant a leave of absence for the period of the suspension of the ordinary academic studies, without deduction of pay or allowances, to a professor, assistant professor, instructor, or other officer of the Academy.

(Aug. 10, 1956, ch. 1041, 70A Stat. 240, § 4341; renumbered § 7441, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)

CITE AS: 10 USC 7441

§ 7441a. Cadets: appointment by the President

Cadets at the Academy shall be appointed by the President alone. An appointment is conditional until the cadet is admitted.

(Added Pub. L. 97–60, title II, § 203(a)(2)(A), Oct. 14, 1981, 95 Stat. 1006, § 4341a; renumbered § 7441a, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)

CITE AS: 10 USC 7441a

§ 7442. Cadets: appointment; numbers, territorial distribution
(a) The authorized strength of the Corps of Cadets of the Academy (determined for any year as of the day before the last day of the academic year) is 4,400 or such lower number as may be prescribed by the Secretary of the Army under subsection (j). Subject to that limitation, cadets are selected as follows:
(1) 65 cadets selected in order of merit as established by competitive examinations from the children of members of the armed forces who were killed in action or died of, or have a service-connected disability rated at not less than 100 per centum resulting from, wounds or injuries received or diseases contracted in, or preexisting injury or disease aggravated by, active service, children of members who are in a “missing status” as defined in section 551(2) of title 37, and children of civilian employees who are in “missing status” as defined in section 5561(5) of title 5. The determination of the Department of Veterans Affairs as to service connection of the cause of death or disability, and the percentage at which the disability is rated, is binding upon the Secretary of the Army.
(2) Five cadets nominated at large by the Vice President or, if there is no Vice President, by the President pro tempore of the Senate.
(3) Ten cadets from each State, five of whom are nominated by each Senator from that State.
(4) Five cadets from each congressional district, nominated by the Representative from the district.
(5) Five cadets from the District of Columbia, nominated by the Delegate to the House of Representatives from the District of Columbia.
(6) Four cadets from the Virgin Islands, nominated by the Delegate in Congress from the Virgin Islands.
(7) Six cadets from Puerto Rico, five of whom are nominated by the Resident Commissioner from Puerto Rico and one who is a native of Puerto Rico nominated by the Governor of Puerto Rico.
(8) Five cadets from Guam, nominated by the Delegate in Congress from Guam.
(9) Three cadets from American Samoa, nominated by the Delegate in Congress from American Samoa.
(10) Three cadets from the Commonwealth of the Northern Mariana Islands, nominated by the Delegate in Congress from the commonwealth.
Each Senator, Representative, and Delegate in Congress, including the Resident Commissioner from Puerto Rico, is entitled to nominate 15 persons 1
1 See Applicability of Amendment note below.
for each vacancy that is available to him under this section. Nominees may be submitted without ranking or with a principal candidate and 9 ranked or unranked alternates. Qualified nominees not selected for appointment under this subsection shall be considered qualified alternates for the purposes of selection under other provisions of this chapter. When a nominee of a Senator, Representative, or Delegate is selected for appointment as a cadet, the Senator, Representative, or Delegate shall be notified at least 48 hours before the official notification or announcement of the appointment is made.
(b) In addition, there may be appointed each year at the Academy cadets as follows:
(1) one hundred selected by the President from the children of members of an armed force who—
(A) are on active duty (other than for training) and who have served continuously on active duty for at least eight years;
(B) are, or who died while they were, retired with pay or granted retired or retainer pay;
(C) are serving as members of reserve components and are credited with at least eight years of service computed under section 12733 of this title; or
(D) would be, or who died while they would have been, entitled to retired pay under chapter 1223 of this title except for not having attained 60 years of age;
however, a person who is eligible for selection under paragraph (1) of subsection (a) may not be selected under this paragraph.
(2) 85 nominated by the Secretary of the Army from enlisted members of the Regular Army.
(3) 85 nominated by the Secretary of the Army from enlisted members of reserve components of the Army.
(4) 20 nominated by the Secretary of the Army, under regulations prescribed by him, from the honor graduates of schools designated as honor schools by the Department of the Army, the Department of the Navy, or the Department of the Air Force, and from members of the Reserve Officers’ Training Corps.
(5) 200 1 selected by the Secretary of the Army in order of merit (prescribed pursuant to section 7443 of this title) from qualified alternates nominated by persons named in paragraphs (3) through (10) of subsection (a).
(c) The President may also appoint as cadets at the Academy children of persons who have been awarded the Medal of Honor for acts performed while in the armed forces.
(d) The Superintendent may nominate for appointment each year 50 persons from the country at large. Persons nominated under this paragraph may not displace any appointment authorized under paragraphs (2) through (9) of subsection (a) and may not cause the total strength of the Corps of Cadets to exceed the authorized number.
(e) If the annual quota of cadets under subsection (b)(1), (2), (3) is not filled, the Secretary may fill the vacancies by nominating for appointment other candidates from any of these sources who were found best qualified on examination for admission and not otherwise nominated.
(f) Each candidate for admission nominated under paragraphs (3) through (9) of subsection (a) must be domiciled in the State, or in the congressional district, from which he is nominated, or in the District of Columbia, Puerto Rico, American Samoa, Guam, or the Virgin Islands, if nominated from one of those places.
(g) The Secretary of the Army may limit the number of cadets authorized to be appointed under this section to the number that can be adequately accommodated at the Academy, as determined by the Secretary after consulting with the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, subject to the following:
(1) Cadets chargeable to each nominating authority named in subsection (a)(3) or (4) may not be limited to less than four.
(2) If the Secretary limits the number of appointments under subsection (a)(3) or (4), appointments under subsection (b)(1)–(4) are limited as follows:
(A) 27 appointments under subsection (b)(1);
(B) 27 appointments under subsection (b)(2);
(C) 27 appointments under subsection (b)(3); and
(D) 13 appointments under subsection (b)(4).
(3) If the Secretary limits the number of appointments under subsection (b)(5), appointments under subsection (b)(2)–(4) are limited as follows:
(A) 27 appointments under subsection (b)(2);
(B) 27 appointments under subsection (b)(3); and
(C) 13 appointments under subsection (b)(4).
(4) The limitations provided for in this subsection do not affect the operation of subsection (e).
(h) The Superintendent shall furnish to any Member of Congress, upon the written request of such Member, the name of the Congressman or other nominating authority responsible for the nomination of any named or identified person for appointment to the Academy.
(i) For purposes of the limitation in subsection (a) establishing the aggregate authorized strength of the Corps of Cadets, the Secretary of the Army may for any year permit a variance in that limitation by not more than one percent. In applying that limitation, and any such variance, the last day of an academic year shall be considered to be graduation day.
(j)
(1) Beginning with the 2003–2004 academic year, the Secretary of the Army may prescribe annual increases in the cadet strength limit in effect under subsection (a). For any academic year, any such increase shall be by no more than 100 cadets or such lesser number as applies under paragraph (3) for that year. Such annual increases may be prescribed until the cadet strength limit is 4,400.
(2) Any increase in the cadet strength limit under paragraph (1) with respect to an academic year shall be prescribed not later than the date on which the budget of the President is submitted to Congress under section 1105 of title 31 for the fiscal year beginning in the same year as the year in which that academic year begins. Whenever the Secretary prescribes such an increase, the Secretary shall submit to Congress a notice in writing of the increase. The notice shall state the amount of the increase in the cadet strength limit and the new cadet strength limit, as so increased, and the amount of the increase in Senior Army Reserve Officers’ Training Corps enrollment under each of sections 2104 and 2107 of this title.
(3) The amount of an increase under paragraph (1) in the cadet strength limit for an academic year may not exceed the increase (if any) for the preceding academic year in the total number of cadets enrolled in the Army Senior Reserve Officers’ Training Corps program under chapter 103 of this title who have entered into an agreement under section 2104 or 2107 of this title.
(4) In this subsection, the term “cadet strength limit” means the authorized maximum strength of the Corps of Cadets of the Academy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 240, § 4342; Pub. L. 85–861, § 33(a)(26), Sept. 2, 1958, 72 Stat. 1565; Pub. L. 87–663, § 1(1), (2), Sept. 14, 1962, 76 Stat. 547; Pub. L. 88–276, § 1(1), Mar. 3, 1964, 78 Stat. 148; Pub. L. 89–650, § 1(1)–(4), Oct. 13, 1966, 80 Stat. 896; Pub. L. 90–374, July 5, 1968, 82 Stat. 283; Pub. L. 90–623, § 2(8), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 91–405, title II, § 204(c), Sept. 22, 1970, 84 Stat. 852; Pub. L. 92–365, § 1(1), Aug. 7, 1972, 86 Stat. 505; Pub. L. 93–171, § 1(1)–(4), Nov. 29, 1973, 87 Stat. 690; Pub. L. 94–106, title VIII, § 803(b)(1), Oct. 7, 1975, 89 Stat. 538; Pub. L. 96–513, title V, § 512(13), Dec. 12, 1980, 94 Stat. 2930; Pub. L. 96–600, § 2(a), Dec. 24, 1980, 94 Stat. 3493; Pub. L. 97–60, title II, § 203(a)(1), Oct. 14, 1981, 95 Stat. 1006; Pub. L. 98–94, title X, § 1005(a)(1), (b)(1), Sept. 24, 1983, 97 Stat. 660; Pub. L. 101–189, div. A, title XVI, § 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602; Pub. L. 101–510, div. A, title V, § 532(a)(1), Nov. 5, 1990, 104 Stat. 1563; Pub. L. 103–160, div. A, title V, § 531, Nov. 30, 1993, 107 Stat. 1657; Pub. L. 103–337, div. A, title XVI, § 1672(c)(3), Oct. 5, 1994, 108 Stat. 3015; Pub. L. 104–106, div. A, title V, § 532(a), title XV, § 1502(a)(1), Feb. 10, 1996, 110 Stat. 314, 502; Pub. L. 105–85, div. A, title X, § 1073(a)(62), Nov. 18, 1997, 111 Stat. 1903; Pub. L. 106–65, div. A, title V, § 531(b)(1), title X, § 1067(1), Oct. 5, 1999, 113 Stat. 602, 774; Pub. L. 106–398, § 1 [[div. A], title V, § 531(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–109; Pub. L. 107–314, div. A, title V, § 532(a), (f), Dec. 2, 2002, 116 Stat. 2545, 2547; Pub. L. 108–136, div. A, title V, § 524(a), title X, § 1031(a)(53), Nov. 24, 2003, 117 Stat. 1464, 1603; Pub. L. 109–364, div. A, title X, § 1071(a)(28), Oct. 17, 2006, 120 Stat. 2399; Pub. L. 110–181, div. A, title V, § 525, Jan. 28, 2008, 122 Stat. 104; Pub. L. 110–229, title VII, § 718(a), May 8, 2008, 122 Stat. 869; Pub. L. 110–417, [div. A], title V, § 540(a), Oct. 14, 2008, 122 Stat. 4454; Pub. L. 111–84, div. A, title V, § 527(a), Oct. 28, 2009, 123 Stat. 2288; Pub. L. 112–239, div. A, title X, § 1076(f)(38), Jan. 2, 2013, 126 Stat. 1954; Pub. L. 114–92, div. A, title V, § 556(a), Nov. 25, 2015, 129 Stat. 824; Pub. L. 114–328, div. A, title V, § 566(a), Dec. 23, 2016, 130 Stat. 2138; renumbered § 7442 and amended Pub. L. 115–232, div. A, title VIII, §§ 808(c)(1), 809(a), Aug. 13, 2018, 132 Stat. 1839, 1840; Pub. L. 117–263, div. A, title V, § 552(a), Dec. 23, 2022, 136 Stat. 2592; Pub. L. 118–31, div. A, title V, §§ 561(a), 562(a), Dec. 22, 2023, 137 Stat. 273, 274.)

CITE AS: 10 USC 7442

§ 7442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate
(a)Senators.—In the event a Senator does not submit all nominations for cadets allocated to such Senator for an academic year in accordance with section 7442(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator’s successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative.
(b)Representatives.—In the event a Representative does not submit all nominations for cadets allocated to such Representative for an academic year in accordance with section 7442(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative’s successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State.
(c)Rule of Construction.—The nomination of a cadet by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 7442 of this title.
(Added Pub. L. 117–81, div. A, title V, § 553(a)(1), Dec. 27, 2021, 135 Stat. 1736.)

CITE AS: 10 USC 7442a

§ 7443. Cadets: appointment; to bring Corps to full strength

If it is determined that, upon the admission of a new class to the Academy, the number of cadets at the Academy will be below the authorized number, the Secretary of the Army may fill the vacancies by nominating additional cadets from qualified candidates designated as alternates and from other qualified candidates who competed for nomination and are recommended and found qualified by the Academic Board. At least three-fourths of those nominated under this section shall be selected from qualified alternates nominated by the persons named in paragraphs (2) through (8) of section 7442(a) of this title, and the remainder from qualified candidates holding competitive nominations under any other provision of law. An appointment under this section is an additional appointment and is not in place of an appointment otherwise authorized by law.

(Aug. 10, 1956, ch. 1041, 70A Stat. 242, § 4343; Pub. L. 88–276, § 1(2), Mar. 3, 1964, 78 Stat. 150; Pub. L. 93–171, § 1(5), Nov. 29, 1973, 87 Stat. 690; Pub. L. 102–25, title VII, § 701(f)(5), Apr. 6, 1991, 105 Stat. 115; Pub. L. 112–239, div. A, title X, § 1076(f)(39), Jan. 2, 2013, 126 Stat. 1954; renumbered § 7443 and amended Pub. L. 115–232, div. A, title VIII, §§ 808(c)(1), 809(a), Aug. 13, 2018, 132 Stat. 1839, 1840.)

CITE AS: 10 USC 7443

§ 7446. Cadets: requirements for admission
(a) To be eligible for admission to the Academy a candidate must be at least 17 years of age and must not have passed his twenty-third birthday on July 1 of the year in which he enters the Academy.
(b) To be admitted to the Academy, an appointee must show, by an examination held under regulations prescribed by the Secretary of the Army, that he is qualified in the subjects prescribed by the Secretary.
(c) A candidate designated as a principal or an alternate for appointment as a cadet shall appear for physical examination at a time and place designated by the Secretary.
(d) To be admitted to the Academy, an appointee must take and subscribe to the following oath—

“I, ____________, do solemnly swear that I will support the Constitution of the United States, and bear true allegiance to the National Government; that I will maintain and defend the sovereignty of the United States, paramount to any and all allegiance, sovereignty, or fealty I may owe to any State or country whatsoever; and that I will at all times obey the legal orders of my superior officers, and the Uniform Code of Military Justice.”

If a candidate for admission refuses to take this oath, his appointment is terminated.

(Aug. 10, 1956, ch. 1041, 70A Stat. 242, § 4346; Pub. L. 104–201, div. A, title V, § 555(b), Sept. 23, 1996, 110 Stat. 2527; renumbered § 7446, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)

CITE AS: 10 USC 7446

§ 7447. Cadets; nominees: effect of redistricting of States

If as a result of redistricting a State the domicile of a cadet, or a nominee, nominated by a Representative falls within a congressional district other than that from which he was nominated, he is charged to the district in which his domicile so falls. For this purpose, the number of cadets otherwise authorized for that district is increased to include him. However,

(Aug. 10, 1956, ch. 1041, 70A Stat. 243, § 4347; renumbered § 7447, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)

CITE AS: 10 USC 7447

§ 7448. Cadets: agreement to serve as officer
(a) Each cadet shall sign an agreement with respect to the cadet’s length of service in the armed forces. The agreement shall provide that the cadet agrees to the following:
(1) That the cadet will complete the course of instruction at the Academy.
(2) That upon graduation from the Academy the cadet—
(A) will accept an appointment, if tendered, as a commissioned officer of the Regular Army or the Regular Air Force; and
(B) will serve on active duty for at least five years immediately after such appointment.
(3) That if an appointment described in paragraph (2) is not tendered or if the cadet is permitted to resign as a regular officer before completion of the commissioned service obligation of the cadet, the cadet—
(A) will accept an appointment as a commissioned officer as a Reserve for service in the Army Reserve or the Air Force Reserve; and
(B) will remain in that reserve component until completion of the commissioned service obligation of the cadet.
(4) That if an appointment described in paragraph (2) or (3) is tendered and the cadet participates in a program under section 2121 of this title, the cadet will fulfill any unserved obligation incurred under this section on active duty, regardless of the type of appointment held, upon completion of, and in addition to, any service obligation incurred under section 2123 of this title for participation in such program.
(5) That the cadet may not obtain employment as a professional athlete until two years after the cadet graduates from the Academy.
(b)
(1) The Secretary of the Army may transfer to the Army Reserve, and may order to active duty for such period of time as the Secretary prescribes (but not to exceed four years), a cadet who breaches an agreement under subsection (a). The period of time for which a cadet is ordered to active duty under this paragraph may be determined without regard to section 651(a) of this title.
(2) A cadet who is transferred to the Army Reserve under paragraph (1) shall be transferred in an appropriate enlisted grade or rating, as determined by the Secretary.
(3) For the purposes of paragraph (1), a cadet shall be considered to have breached an agreement under subsection (a) if the cadet is separated from the Academy under circumstances which the Secretary determines constitute a breach by the cadet of the cadet’s agreement to complete the course of instruction at the Academy and accept an appointment as a commissioned officer upon graduation from the Academy.
(4) A cadet who violates paragraph (5) of subsection (a) is not eligible for the alternative obligation under paragraph (1).
(c) The Secretary of the Army shall prescribe regulations to carry out this section. Those regulations shall include—
(1) standards for determining what constitutes, for the purpose of subsection (b), a breach of an agreement under subsection (a);
(2) that a cadet who obtains employment as a professional athlete—
(A) in violation of paragraph (5) of subsection (a) has breached an agreement under such subsection; and
(B) at least two years after the cadet graduates from the Academy has not breached an agreement under subsection (a);
(3) procedures for determining whether such a breach has occurred; and
(4) standards for determining the period of time for which a person may be ordered to serve on active duty under subsection (b).
(d) In this section, the term “commissioned service obligation”, with respect to a cadet, means the period beginning on the date of the cadet’s appointment as a commissioned officer and ending on the sixth anniversary of such appointment or, at the discretion of the Secretary of Defense, any later date up to the eighth anniversary of such appointment.
(e)
(1) This section does not apply to a cadet who is not a citizen or national of the United States.
(2) In the case of a cadet who is a minor and who has parents or a guardian, the cadet may sign the agreement required by subsection (a) only with the consent of a parent or guardian.
(f) A cadet or former cadet who does not fulfill each term of the agreement as specified under subsection (a), or the alternative obligation imposed under subsection (b), shall be subject to the repayment provisions of section 303a(e) or 373 of title 37.
(Aug. 10, 1956, ch. 1041, 70A Stat. 243, § 4348; Pub. L. 88–276, § 5(a), Mar. 3, 1964, 78 Stat. 153; Pub. L. 88–647, title III, § 301(9), Oct. 13, 1964, 78 Stat. 1072; Pub. L. 98–525, title V, §§ 541(a), 542(b), Oct. 19, 1984, 98 Stat. 2529; Pub. L. 99–145, title V, § 512(a), Nov. 8, 1985, 99 Stat. 623; Pub. L. 101–189, div. A, title V, § 511(b), title XVI, § 1622(e)(5), Nov. 29, 1989, 103 Stat. 1439, 1605; Pub. L. 104–106, div. A, title V, § 531(a), Feb. 10, 1996, 110 Stat. 314; Pub. L. 109–163, div. A, title VI, § 687(c)(9), Jan. 6, 2006, 119 Stat. 3335; Pub. L. 111–84, div. A, title X, § 1073(a)(29), Oct. 28, 2009, 123 Stat. 2474; Pub. L. 111–383, div. A, title V, § 554(a), Jan. 7, 2011, 124 Stat. 4221; Pub. L. 115–91, div. A, title V, § 543(a), title VI, § 618(a)(1)(K), Dec. 12, 2017, 131 Stat. 1395, 1426; renumbered § 7448, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839; Pub. L. 116–92, div. A, title V, § 554(a), Dec. 20, 2019, 133 Stat. 1388; Pub. L. 117–263, div. A, title V, § 553(a), Dec. 23, 2022, 136 Stat. 2592.)

CITE AS: 10 USC 7448

§ 7449. Cadets: organization of Corps; service; instruction
(a) The Corps of Cadets shall be divided into companies, as directed by the Superintendent, for the purpose of military instruction. Each company shall be commanded by a commissioned officer of the Army.
(b) A cadet shall perform duties at such places and of such type as the President may direct.
(c) The course of instruction at the Academy is four years.
(d) The Secretary of the Army shall so arrange the course of studies at the Academy that cadets are not required to pursue their studies on Sunday.
(e) The Corps of Cadets shall be trained in the duties of members of the Army, shall be encamped at least three months in each year, and shall be trained in all duties incident to a camp.
(Aug. 10, 1956, ch. 1041, 70A Stat. 243, § 4349; renumbered § 7449, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)

CITE AS: 10 USC 7449

§ 7450. Cadets: clothing and equipment
(a) The Secretary of the Army may prescribe the amount to be credited to a cadet, upon original admission to the Academy, for the cost of his initial issue of clothing and equipment. That amount shall be deducted from his pay. If a cadet is discharged before graduation while owing the United States for pay advanced for the purchase of required clothing and equipment, he shall turn in so much of his clothing and equipment of a distinctive military nature as is necessary to repay the amount advanced. If the value of the clothing and equipment turned in does not cover the amount owed, the indebtedness shall be canceled.
(b) Under such regulations as the Secretary may prescribe, uniforms and equipment shall be furnished to a cadet at the Academy upon his request.
(Aug. 10, 1956, ch. 1041, 70A Stat. 244, § 4350; renumbered § 7450, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)

CITE AS: 10 USC 7450

§ 7451. Cadets: deficiencies in conduct or studies; effect of failure on successor
(a) A cadet who is reported as deficient in conduct or studies and recommended to be discharged from the Academy may not, unless recommended by the Academic Board, be returned or reappointed to the Academy.
(b) Any cadet who fails to pass a required examination because he is deficient in any one subject of instruction is entitled to a reexamination of equal scope and difficulty in that subject, if he applies in writing to the Academic Board within 10 days after he is officially notified of his failure. The reexamination shall be held within 60 days after the date of his application. If the cadet passes the reexamination and is otherwise qualified, he shall be readmitted to the Academy. If he fails, he may not have another examination.
(c) The failure of a member of a graduating class to complete the course with his class does not delay the admission of his successor.
(Aug. 10, 1956, ch. 1041, 70A Stat. 244, § 4351; renumbered § 7451, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)

CITE AS: 10 USC 7451

§ 7452. Cadets: hazing
(a) Subject to the approval of the Secretary of the Army, the Superintendent of the Academy shall issue regulations—
(1) defining hazing;
(2) designed to prevent that practice; and
(3) prescribing dismissal, suspension, or other adequate punishment for violations.
(b) If a cadet who is charged with violating a regulation issued under subsection (a), the penalty for which is or may be dismissal from the Academy, requests in writing a trial by a general court-martial, he may not be dismissed for that offense except under sentence of such a court.
(c) A cadet dismissed from the Academy for hazing may not be reappointed to the Corps of Cadets, and is ineligible for appointment as a commissioned officer in a regular component of the Army, Navy, Air Force, Marine Corps, or Space Force, until two years after the graduation of his class.
(Aug. 10, 1956, ch. 1041, 70A Stat. 244, § 4352; renumbered § 7452, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839; amended Pub. L. 116–283, div. A, title IX, § 924(c)(1)(A), Jan. 1, 2021, 134 Stat. 3826.)

CITE AS: 10 USC 7452

§ 7453. Cadets: degree and commission on graduation
(a) Under such conditions as the Secretary of the Army may prescribe, the Superintendent of the Academy may confer the degree of bachelor of science upon graduates of the Academy.
(b) Notwithstanding any other provision of law, a cadet who completes the prescribed course of instruction may, upon graduation, be appointed a second lieutenant in the Regular Army under section 531 of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 245, § 4353; Pub. L. 85–861, § 1(103), Sept. 2, 1958, 72 Stat. 1489; Pub. L. 96–513, title V, § 502(26), Dec. 12, 1980, 94 Stat. 2911; renumbered § 7453, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)

CITE AS: 10 USC 7453

§ 7454. Buildings and grounds: memorial hall; buildings for religious worship
(a) The memorial hall at the Academy is a repository for statues, busts, mural tablets, portraits of distinguished and deceased officers and graduates of the Academy, paintings of battle scenes, trophies of war, and other objects that may tend to elevate the military profession. No object may be placed in this hall without the approval of two-thirds of the members of the Academic Board of the Academy by a recorded vote taken by ayes and nays.
(b) The Secretary of the Army may authorize any denomination, sect, or religious body to erect a building for religious worship on the West Point Military Reservation, if its erection will not interfere with the use of the reservation for military purposes and will be without expense to the United States. Such a building shall be removed, or its location changed, without compensation for it and without other expense to the United States, by the denomination, sect, or religious body that erected it, whenever in the opinion of the Secretary public or military necessity so requires.
(Aug. 10, 1956, ch. 1041, 70A Stat. 245, § 4354; renumbered § 7454, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)

CITE AS: 10 USC 7454

§ 7455. Board of Visitors
(a) A Board of Visitors to the Academy is constituted annually of—
(1) the chairman of the Committee on Armed Services of the Senate, or his designee;
(2) three other members of the Senate designated by the Vice President or the President pro tempore of the Senate, two of whom are members of the Committee on Appropriations of the Senate;
(3) the chairman of the Committee on Armed Services of the House of Representatives, or his designee;
(4) four other members of the House of Representatives designated by the Speaker of the House of Representatives, two of whom are members of the Committee on Appropriations of the House of Representatives; and
(5) six persons designated by the President.
(b) The persons designated by the President serve for three years each except that any member whose term of office has expired shall continue to serve until his successor is appointed by the President. The President shall designate two persons each year to succeed the members whose terms expire that year.
(c) If a member of the Board dies or resigns, a successor shall be designated for the unexpired portion of the term by the official who designated the member.
(d) The Board shall visit the Academy annually. With the approval of the Secretary of the Army, the Board or its members may make other visits to the Academy in connection with the duties of the Board or to consult with the Superintendent of the Academy.
(e) The Board shall inquire into the morale and discipline, the curriculum, instruction, physical equipment, fiscal affairs, academic methods, and other matters relating to the Academy that the Board decides to consider.
(f) Within 60 days after its annual visit, the Board shall submit a written report to the President of its action, and of its views and recommendations pertaining to the Academy. Any report of a visit, other than the annual visit, shall, if approved by a majority of the members of the Board, be submitted to the President within 60 days after the approval.
(g) Upon approval by the Secretary, the Board may call in advisers for consultation.
(h) While performing his duties, each member of the Board and each adviser shall be reimbursed under Government travel regulations for his travel expenses.
(i)
(1) A majority of the members of the Board may call an official meeting of the Board once per year.
(2) A member may attend such meeting—
(A) in person, at the Academy; or
(B) remotely, at the election of such member.
(Aug. 10, 1956, ch. 1041, 70A Stat. 245, § 4355; Pub. L. 96–579, § 13(a), Dec. 23, 1980, 94 Stat. 3369; Pub. L. 104–106, div. A, title X, § 1061(e)(2), title XV, § 1502(a)(12), Feb. 10, 1996, 110 Stat. 443, 503; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; renumbered § 7455, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839; Pub. L. 117–81, div. A, title V, §§ 554(a), 555(a), Dec. 27, 2021, 135 Stat. 1738.)

CITE AS: 10 USC 7455

§ 7456. Use of certain gifts

Under regulations prescribed by the Secretary of the Army, the Superintendent of the Academy may (without regard to section 2601 of this title) accept, hold, administer, invest, and spend any gift, devise, or bequest of personal property of a value of $20,000 or less made to the United States on the condition that such gift, devise, or bequest be used for the benefit of the Academy or any entity thereof. The Secretary may pay or authorize the payment of all reasonable and necessary expenses in connection with the conveyance or transfer of a gift, devise, or bequest under this section.

(Added Pub. L. 97–295, § 1(41)(A), Oct. 12, 1982, 96 Stat. 1297, § 4356; renumbered § 7456, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)

CITE AS: 10 USC 7456

§ 7457. Acceptance of guarantees with gifts for major projects
(a)Acceptance Authority.—Subject to subsection (c), the Secretary of the Army may accept from a donor or donors a qualified guarantee for the completion of a major project for the benefit of the Academy.
(b)Obligation Authority.—The amount of a qualified guarantee accepted under this section shall be considered as contract authority to provide obligation authority for purposes of Federal fiscal and contractual requirements. Funds available for a project for which such a guarantee has been accepted may be obligated and expended for the project without regard to whether the total amount of the funds and other resources available for the project (not taking into account the amount of the guarantee) is sufficient to pay for completion of the project.
(c)Notice of Proposed Acceptance.—The Secretary of the Army may not accept a qualified guarantee under this section for the completion of a major project until after the expiration of 30 days following the date upon which a report of the facts concerning the proposed guarantee is submitted to Congress or, if earlier, the expiration of 14 days following the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of this title.
(d)Prohibition on Commingling of Funds.—The Secretary of the Army may not enter into any contract or other transaction involving the use of a qualified guarantee and appropriated funds in the same contract or transaction.
(e)Definitions.—In this section:
(1)Major project.—The term “major project” means a project for the purchase or other procurement of real or personal property, or for the construction, renovation, or repair of real or personal property, the total cost of which is, or is estimated to be, at least $1,000,000.
(2)Qualified guarantee.—The term “qualified guarantee”, with respect to a major project, means a guarantee that—
(A) is made by one or more persons in connection with a donation, specifically for the project, of a total amount in cash or securities that, as determined by the Secretary of the Army, is sufficient to defray a substantial portion of the total cost of the project;
(B) is made to facilitate or expedite the completion of the project in reasonable anticipation that other donors will contribute sufficient funds or other resources in amounts sufficient to pay for completion of the project;
(C) is set forth as a written agreement that provides for the donor to furnish in cash or securities, in addition to the donor’s other gift or gifts for the project, any additional amount that may become necessary for paying the cost of completing the project by reason of a failure to obtain from other donors or sources funds or other resources in amounts sufficient to pay the cost of completing the project; and
(D) is accompanied by—
(i) an irrevocable and unconditional standby letter of credit for the benefit of the Academy that is in the amount of the guarantee and is issued by a major United States commercial bank; or
(ii) a qualified account control agreement.
(3)Qualified account control agreement.—The term “qualified account control agreement”, with respect to a guarantee of a donor, means an agreement among the donor, the Secretary of the Army, and a major United States investment management firm that—
(A) ensures the availability of sufficient funds or other financial resources to pay the amount guaranteed during the period of the guarantee;
(B) provides for the perfection of a security interest in the assets of the account for the United States for the benefit of the Academy with the highest priority available for liens and security interests under applicable law;
(C) requires the donor to maintain in an account with the investment management firm assets having a total value that is not less than 130 percent of the amount guaranteed; and
(D) requires the investment management firm, at any time that the value of the account is less than the value required to be maintained under subparagraph (C), to liquidate any noncash assets in the account and reinvest the proceeds in Treasury bills issued under section 3104 of title 31.
(4)Major united states commercial bank.—The term “major United States commercial bank” means a commercial bank that—
(A) is an insured bank (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813));
(B) is headquartered in the United States; and
(C) has net assets in a total amount considered by the Secretary of the Army to qualify the bank as a major bank.
(5)Major united states investment management firm.—The term “major United States investment management firm” means any broker, dealer, investment adviser, or provider of investment supervisory services (as defined in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c) or section 202 of the Investment Advisers Act of 1940 (15 U.S.C. 80b–2)) or a major United States commercial bank that—
(A) is headquartered in the United States; and
(B) holds for the account of others investment assets in a total amount considered by the Secretary of the Army to qualify the firm as a major investment management firm.
(Added Pub. L. 106–65, div. B, title XXVIII, § 2871(a)(1), Oct. 5, 1999, 113 Stat. 871, § 4357; amended Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(17)], Oct. 30, 2000, 114 Stat. 1654, 1654A–291; Pub. L. 108–136, div. A, title X, § 1031(a)(54), Nov. 24, 2003, 117 Stat. 1603; renumbered § 7457, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)

CITE AS: 10 USC 7457

§ 7458. Grants for faculty research for scientific, literary, and educational purposes: acceptance; authorized grantees
(a)Acceptance of Research Grants.—The Secretary of the Army may authorize the Superintendent of the Academy to accept qualifying research grants under this section. Any such grant may only be accepted if the work under the grant is to be carried out by a professor or instructor of the Academy for a scientific, literary, or educational purpose.
(b)Qualifying Grants.—A qualifying research grant under this section is a grant that is awarded on a competitive basis by an entity referred to in subsection (c) for a research project with a scientific, literary, or educational purpose.
(c)Entities From Which Grants May be Accepted.—A grant may be accepted under this section only from a corporation, fund, foundation, educational institution, or similar entity that is organized and operated primarily for scientific, literary, or educational purposes.
(d)Administration of Grant Funds.—The Secretary shall establish an account for administering funds received as research grants under this section. The Superintendent shall use the funds in the account in accordance with applicable regulations and the terms and conditions of the grants received.
(e)Related Expenses.—Subject to such limitations as may be provided in appropriations Acts, appropriations available for the Academy may be used to pay expenses incurred by the Academy in applying for, and otherwise pursuing, award of a qualifying research grant.
(f)Regulations.—The Secretary of the Army shall prescribe regulations for the administration of this section.
(Added Pub. L. 105–261, div. A, title X, § 1063(a)(1), Oct. 17, 1998, 112 Stat. 2130, § 4358; renumbered § 7458, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)

CITE AS: 10 USC 7458

§ 7459. Mixed-funded athletic and recreational extracurricular programs: authority to manage appropriated funds in same manner as nonappropriated funds
(a)Authority.—In the case of an Academy mixed-funded athletic or recreational extracurricular program, the Secretary of the Army may designate funds appropriated to the Department of the Army and available for that program to be treated as nonappropriated funds and expended for that program in accordance with laws applicable to the expenditure of nonappropriated funds. Appropriated funds so designated shall be considered to be nonappropriated funds for all purposes and shall remain available until expended.
(b)Covered Programs.—In this section, the term “Academy mixed-funded athletic or recreational extracurricular program” means an athletic or recreational extracurricular program of the Academy to which each of the following applies:
(1) The program is not considered a morale, welfare, or recreation program.
(2) The program is supported through appropriated funds.
(3) The program is supported by a nonappropriated fund instrumentality.
(4) The program is not a private organization and is not operated by a private organization.
(Added Pub. L. 108–375, div. A, title V, § 544(a)(1), Oct. 28, 2004, 118 Stat. 1906, § 4359; renumbered § 7459, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)

CITE AS: 10 USC 7459

§ 7460. Cadets: charges and fees for attendance; limitation
(a)Prohibition.—Except as provided in subsection (b), no charge or fee for tuition, room, or board for attendance at the Academy may be imposed unless the charge or fee is specifically authorized by a law enacted after October 5, 1994.
(b)Exception.—The prohibition specified in subsection (a) does not apply with respect to any item or service provided to cadets for which a charge or fee is imposed as of October 5, 1994. The Secretary of Defense shall notify Congress of any change made by the Academy in the amount of a charge or fee authorized under this subsection.
(Added Pub. L. 108–375, div. A, title V, § 545(a)(1), Oct. 28, 2004, 118 Stat. 1908, § 4360; renumbered § 7460, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)

CITE AS: 10 USC 7460

§ 7461. Policy on sexual harassment and sexual violence
(a)Required Policy.—Under guidance prescribed by the Secretary of Defense, the Secretary of the Army shall direct the Superintendent of the Academy to prescribe a policy on sexual harassment and sexual violence applicable to the cadets and other personnel of the Academy.
(b)Matters To Be Specified in Policy.—The policy on sexual harassment and sexual violence prescribed under this section shall include specification of the following:
(1) Programs to promote awareness of the incidence of rape, acquaintance rape, and other sexual offenses of a criminal nature that involve cadets or other Academy personnel.
(2) Procedures that a cadet should follow in the case of an occurrence of sexual harassment or sexual violence, including—
(A) if the cadet chooses to report an occurrence of sexual harassment or sexual violence, a specification of the person or persons to whom the alleged offense should be reported and the options for confidential reporting;
(B) a specification of any other person whom the victim should contact; and
(C) procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault.
(3) Procedures for disciplinary action in cases of alleged criminal sexual assault involving a cadet or other Academy personnel.
(4) Any other sanction authorized to be imposed in a substantiated case of sexual harassment or sexual violence involving a cadet or other Academy personnel in rape, acquaintance rape, or any other criminal sexual offense, whether forcible or nonforcible.
(5) Required training on the policy for all cadets and other Academy personnel, including the specific training required for personnel who process allegations of sexual harassment or sexual violence involving Academy personnel.
(c)Annual Assessment.—
(1) The Secretary of Defense, through the Secretary of the Army, shall direct the Superintendent to conduct at the Academy during each Academy program year an assessment, to be administered by the Department of Defense, to determine the effectiveness of the policies, training, and procedures of the Academy with respect to sexual harassment and sexual violence involving Academy personnel.
(2) For the assessment at the Academy under paragraph (1) with respect to an Academy program year that begins in an odd-numbered calendar year, the Secretary of the Army shall conduct a survey, to be administered by the Department of Defense, of Academy personnel—
(A) to measure—
(i) the incidence, during that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have been reported to officials of the Academy; and
(ii) the incidence, during that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have not been reported to officials of the Academy; and
(B) to assess the perceptions of Academy personnel of—
(i) the policies, training, and procedures on sexual harassment and sexual violence involving Academy personnel;
(ii) the enforcement of such policies;
(iii) the incidence of sexual harassment and sexual violence involving Academy personnel; and
(iv) any other issues relating to sexual harassment and sexual violence involving Academy personnel.
(3)
(A) The Secretary of Defense may postpone the conduct of an assessment under this subsection if the Secretary determines that conducting such assessment is not practicable due to a war or national emergency declared by the President or Congress.
(B) The Secretary of Defense shall ensure that an assessment postponed under subparagraph (A) is conducted as soon as practicable after the end of the period of war or national emergency concerned, or earlier if the Secretary determines appropriate.
(C) The Secretary of Defense shall notify Congress of a determination under subparagraph (A) not later than 30 days after the date on which the Secretary makes such determination.
(d)Annual Report.—
(1) The Secretary of the Army shall direct the Superintendent of the Academy to submit to the Secretary a report on sexual harassment and sexual violence involving cadets or other personnel at the Academy for each Academy program year.
(2) Each report under paragraph (1) shall include, for the Academy program year covered by the report, the following:
(A) The number of sexual assaults, rapes, and other sexual offenses involving cadets or other Academy personnel that have been reported to Academy officials during the program year and, of those reported cases, the number that have been substantiated.
(B) The policies, procedures, and processes implemented by the Secretary of the Army and the leadership of the Academy in response to sexual harassment and sexual violence involving cadets or other Academy personnel during the program year.
(C) A plan for the actions that are to be taken in the following Academy program year regarding prevention of and response to sexual harassment and sexual violence involving cadets or other Academy personnel.
(3) Each report under paragraph (1) for an Academy program year that begins in an odd-numbered calendar year shall include the results of the survey conducted in that program year under subsection (c)(2).
(4)
(A) The Secretary of the Army shall transmit to the Secretary of Defense, and to the Board of Visitors of the Academy, each report received by the Secretary under this subsection, together with the Secretary’s comments on the report.
(B) The Secretary of Defense shall transmit each such report, together with the Secretary’s comments on the report, to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.
(e)Consideration of Request for Transfer of a Cadet Who Is the Victim of a Sexual Assault or Related Offense.—
(1) The Secretary of the Army shall provide for timely consideration of and action on a request submitted by a cadet appointed to the United States Military Academy who is the victim of an alleged sexual assault or other offense covered by section 920, 920c, or 930 of this title (article 120, 120c, or 130 of the Uniform Code of Military Justice) for transfer to another military service academy or to enroll in a Senior Reserve Officers’ Training Corps program affiliated with another institution of higher education.
(2) The Secretary of the Army shall prescribe regulations to carry out this subsection, within guidelines provided by the Secretary of Defense that—
(A) provide that the Superintendent of the United States Military Academy shall ensure that any cadet who has been appointed to the United States Military Academy and who is a victim of an alleged sexual assault or other offense referred to in paragraph (1), is informed of the right to request a transfer pursuant to this section, and that any formal request submitted by a cadet is processed as expeditiously as practicable through the chain of command for review and action by the Superintendent;
(B) direct the Superintendent of the United States Military Academy, in coordination with the Superintendent of the military service academy to which the cadet requests to transfer—
(i) to take action on a request for transfer under this subsection not later than 72 hours after receiving the formal request from the cadet;
(ii) to approve such request for transfer unless there are exceptional circumstances that require denial of the request; and
(iii) upon approval of such request, to take all necessary and appropriate action to effectuate the transfer of the cadet to the military service academy concerned as expeditiously as possible; and
(C) direct the Superintendent of the United States Military Academy, in coordination with the Secretary of the military department that sponsors the Senior Reserve Officers’ Training Corps program at the institution of higher education to which the cadet requests to transfer—
(i) to take action on a request for transfer under this subsection not later than 72 hours after receiving the formal request from the cadet;
(ii) subject to the cadet’s acceptance for admission to the institution of higher education to which the cadet wishes to transfer, to approve such request for transfer unless there are exceptional circumstances that require denial of the application; and
(iii) to take all necessary and appropriate action to effectuate the cadet’s enrollment in the institution of higher education to which the cadet wishes to transfer and to process the cadet for participation in the relevant Senior Reserve Officers’ Training Corps program as expeditiously as possible.
(3) If the Superintendent of the United States Military Academy denies a request for transfer under this subsection, the cadet may request review of the denial by the Secretary of the Army, who shall take action on such request not later than 72 hours after receipt of the formal request for review.
(4) The Secretary concerned shall ensure that all records of any request, determination, transfer, or other action under this subsection remain confidential, consistent with applicable law and regulation.
(5) A cadet who transfers under this subsection may retain the cadet’s appointment to the United States Military Academy or may be appointed to the military service academy to which the cadet transfers without regard to the limitations and requirements set forth in sections 7442, 8454, and 9442 of this title.
(Added Pub. L. 109–364, div. A, title V, § 532(a)(1), Oct. 17, 2006, 120 Stat. 2200, § 4361; renumbered § 7461, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839; amended Pub. L. 116–92, div. A, title V, § 555(a), Dec. 20, 2019, 133 Stat. 1388; Pub. L. 116–283, div. A, title V, § 552(b)(1), Jan. 1, 2021, 134 Stat. 3632.)

CITE AS: 10 USC 7461

§ 7462. Support of athletic programs
(a)Authority.—
(1)Contracts and cooperative agreements.—The Secretary of the Army may enter into contracts and cooperative agreements with the Army West Point Athletic Association for the purpose of supporting the athletic programs of the Academy. Notwithstanding section 3201(e) of this title, the Secretary may enter such contracts or cooperative agreements on a sole source basis pursuant to section 3204(a)(5) of this title. Notwithstanding chapter 63 of title 31, a cooperative agreement under this section may be used to acquire property or services for the direct benefit or use of the Academy.
(2)Financial controls.—
(A) Before entering into a contract or cooperative agreement under paragraph (1), the Secretary shall ensure that such contract or agreement includes appropriate financial controls to account for Academy and Association resources in accordance with accepted accounting principles.
(B) Any such contract or cooperative agreement shall contain a provision that allows the Secretary, at the Secretary’s discretion, to review the financial accounts of the Association to determine whether the operations of the Association—
(i) are consistent with the terms of the contract or cooperative agreement; and
(ii) will not compromise the integrity or appearance of integrity of any program of the Department of the Army.
(3)Leases.—
(b)Support Services.—
(1)Authority.—To the extent required by a contract or cooperative agreement under subsection (a), the Secretary may provide support services to the Association while the Association conducts its support activities at the Academy. The Secretary may provide support services described in paragraph (2) only if the Secretary determines that the provision of such services is essential for the support of the athletic programs of the Academy.
(2)Support services defined.—
(A) In this subsection, the term “support services” includes utilities, office furnishings and equipment, communications services, records staging and archiving, audio and video support, and security systems in conjunction with the leasing or licensing of property.
(B) Such term includes—
(i) housing for Association personnel on United States Army Garrison, West Point, New York; and
(ii) enrollment of dependents of Association personnel in elementary and secondary schools under the same criteria applied to dependents of Federal employees under section 2164(a) of this title, except that educational services provided pursuant to this clause shall be provided on a reimbursable basis.
(3)No liability of the united states.—Any such support services may only be provided without any liability of the United States to the Association.
(c)Acceptance of Support.—
(1)Support received from the association.—Notwithstanding section 1342 of title 31, the Secretary may accept from the Association funds, supplies, and services for the support of the athletic programs of the Academy. For the purposes of this section, employees or personnel of the Association may not be considered to be employees of the United States.
(2)Funds received from ncaa.—The Secretary may accept funds from the National Collegiate Athletic Association to support the athletic programs of the Academy.
(3)Limitation.—The Secretary shall ensure that contributions under this subsection and expenditure of funds pursuant to subsection (e) do not reflect unfavorably on the ability of the Department of the Army, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner, or compromise the integrity or appearance of integrity of any program of the Department of the Army, or any individual involved in such a program.
(d)Trademarks and Service Marks.—
(1)Licensing, marketing, and sponsorship agreements.—An agreement under subsection (a) may, consistent with section 2260 of this title (other than subsection (d) of such section), authorize the Association to enter into licensing, marketing, and sponsorship agreements relating to trademarks and service marks identifying the Academy, subject to the approval of the Secretary of the Army.
(2)Limitations.—No licensing, marketing, or sponsorship agreement may be entered into under paragraph (1) if—
(A) such agreement would reflect unfavorably on the ability of the Department of the Army, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner; or
(B) the Secretary determines that the use of the trademark or service mark would compromise the integrity or appearance of integrity of any program of the Department of the Army, or any individual involved in such a program.
(e)Retention and Use of Funds.—Any funds received by the Secretary under this section may be retained for use in support of the athletic programs of the Academy and shall remain available until expended.
(f)Service on Association Board of Directors.—The Association is a designated entity for which authorization under sections 1033(a) and 1589(a) of this title may be provided.
(g)Conditions.—The authority provided in this section with respect to the Association is available only so long as the Association continues—
(1) to qualify as a nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1986 and operates in accordance with this section, the law of the State of New York, and the constitution and bylaws of the Association; and
(2) to operate exclusively to support the athletic programs of the Academy.
(h)Association Defined.—In this section, the term “Association” means the Army West Point Athletic Association.
(Added Pub. L. 114–92, div. A, title V, § 557(a), Nov. 25, 2015, 129 Stat. 825, § 4362; renumbered § 7462, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839; amended Pub. L. 116–283, div. A, title XVIII, § 1883(b)(2), Jan. 1, 2021, 134 Stat. 4294.)

CITE AS: 10 USC 7462