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United States Code (Last Updated: May 24, 2014) |
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Title 10. ARMED FORCES |
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SubTitle B. Army |
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Part III. TRAINING |
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Chapter 403. UNITED STATES MILITARY ACADEMY |
§ 4342. Cadets: appointment; numbers, territorial distribution
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(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) Three 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) Three cadets from Guam, nominated by the Delegate in Congress from Guam. (9) Two cadets from American Samoa, nominated by the Delegate in Congress from American Samoa. (10) Two 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 10 persons 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. (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) 150 selected by the Secretary of the Army in order of merit (prescribed pursuant to section 4343 of this title) from qualified alternates nominated by persons named in paragraphs (3) and (4) 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.
Historical And Revision
Historical and Revision Notes | ||
|---|---|---|
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
4342(a) | 10:1092a (1st par., less clauses (a) through (e)). 10:1092a (clause (a), less 14th through 52d words after 4th semicolon; and less last 32 words). | R.S. 1317. June 30, 1950, ch. 421, §§ 1, 2 (last proviso), 64 Stat. 303, 304; June 3, 1954, ch. 251, § 2, 68 Stat. 169. |
| 10:1092a (1st 13 words of clause (b)). | |
| 10:1092a (1st 26 words of clause (c)). | |
| 10:1092a (clause (d)). | |
| 10:1092a (clause (e), less last 53 words). | |
4342(b) | 10:1092a (last par.). 10:1098. | |
4342(c) | 10:1092a (14th through 52d words after 4th semicolon of clause (a)). 10:1092b (last proviso). | |
4342(d) | 10:1092a (last 32 words of clause (a)). | |
4342(e) | 10:1092a (clause (b), less 1st 13 words, and less 1st proviso). | |
4342(f) | 10:1092a (1st proviso of clause (b)). | |
4342(g) | 10:1092a (clause (c), less 1st 26 words). | |
4342(h) | 10:1092a (last 53 words of clause (e)). | |
In subsection (a), the words “the authorized strength * * * is as follows—” are substituted for the words “shall be authorized and consist of the following”. The words “at large” and “which totals two thousand four hundred and ninety-six”, and 10:1092a (clause (d)) are omitted as surplusage.
In subsection (b), the words “from whatever source of admission”, in 10:1092a, are omitted as surplusage. 10:1098 (words before last semicolon) is omitted as obsolete.
In subsection (c), the first 15 words are substituted for the words “all of which cadets shall be”. The words “domiciled in” are substituted for the words “actual residents of” to conform to opinions of the Judge Advocate General of the Army (R. 29, 83; J.A.G. 351.11,
In subsection (e)(4), the words “armed forces” are substituted for the description of the land or naval forces. The date
In subsection (f), the words “whether a death is service-connected” are substituted for the words “as to the service connection of the cause of death”.
In subsection (g), the words “(National Guard of the United States, the Air National Guard of the United States, the Army Reserve, and the Air Force Reserve)”, “Regular components”, “by members of the National Guard of the United States and the Air National Guard of the United States” and “established at the competitive entrance examination” are omitted as surplusage. The word “grades” is substituted for the words “proficiency averages”.
In subsection (h), the words “or shall hereafter be” are omitted as surplusage.
Amendments
2013—Subsec. (b)(1). Pub. L. 112–239, § 1076(f)(38)(A)(i), substituted “paragraph” for “clause” in two places in concluding provisions.
Subsecs. (b)(5), (d), (f). Pub. L. 112–239, § 1076(f)(38)(A)(ii)–(C), substituted “paragraphs” for “clauses”.
2009—Subsec. (a)(10). Pub. L. 111–84 substituted “Two cadets” for “One cadet”.
2008—Subsec. (a). Pub. L. 110–417 substituted “4,400 or such lower number” for “4,000 or such higher number” in introductory provisions.
Subsec. (a)(10). Pub. L. 110–229 substituted “Delegate in Congress” for “resident representative”.
Subsec. (j)(1). Pub. L. 110–181 struck out last sentence which read as follows: “However, no increase may be prescribed for any academic year after the 2007–2008 academic year.”
2006—Subsec. (a)(9). Pub. L. 109–364 substituted “cadets” for “cadet”.
2003—Subsec. (a)(6), (8). Pub. L. 108–136, § 524(a)(1), substituted “Three” for “Two”.
Subsec. (a)(9). Pub. L. 108–136, § 524(a)(2), substituted “Two” for “One”.
Subsec. (h). Pub. L. 108–136, § 1031(a)(53), substituted “Superintendent” for “Secretary of the Army”.
2002—Subsec. (a). Pub. L. 107–314, § 532(a)(1), inserted before period at end of first sentence “or such higher number as may be prescribed by the Secretary of the Army under subsection (j)”.
Subsec. (i). Pub. L. 107–314, § 532(f), struck out “(beginning with the 2001–2002 academic year)” after “any year”.
Subsec. (j). Pub. L. 107–314, § 532(a)(2), added subsec. (j).
2000—Subsec. (b)(1)(B). Pub. L. 106–398, § 1 [[div. A], title V, § 531(a)(1)], struck out “, other than those granted retired pay under section 12731 of this title (or under section 1331 of this title as in effect before the effective date of the Reserve Officer Personnel Management Act)” after “retired or retainer pay”.
Subsec. (b)(1)(C), (D). Pub. L. 106–398, § 1 [[div. A], title V, § 531(a)(2)], added subpars. (C) and (D).
1999—Subsec. (a). Pub. L. 106–65, § 531(b)(1)(A), substituted “(determined for any year as of the day before the last day of the academic year) is 4,000. Subject to that limitation, cadets are selected as follows:” for “is as follows:” in introductory provisions.
Subsec. (g). Pub. L. 106–65, § 1067(1), substituted “and the Committee on Armed Services” for “and the Committee on National Security” in introductory provisions.
Subsec. (i). Pub. L. 106–65, § 531(b)(1)(B), added subsec. (i).
1997—Subsec. (a)(10). Pub. L. 105–85 substituted “Mariana” for “Marianas”.
1996—Subsec. (a)(10). Pub. L. 104–106, § 532(a), added par. (10).
Subsec. (g). Pub. L. 104–106, § 1502(a)(1), substituted “Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives” for “Committees on Armed Services of the Senate and House of Representatives”.
1994—Subsec. (b)(1)(B). Pub. L. 103–337 substituted “section 12731 of this title (or under section 1331 of this title as in effect before the effective date of the Reserve Officer Personnel Management Act)” for “section 1331 of this title”.
1993—Subsec. (a). Pub. L. 103–160 in concluding provisions substituted “10 persons” for “a principal candidate and nine alternates” and inserted at end “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.”
1990—Subsec. (a)(8) to (10). Pub. L. 101–510, § 532(a)(1)(A), redesignated cls. (9) and (10) as (8) and (9), respectively, and struck out former cl. (8) which read as follows: “One cadet nominated by the Administrator of the Panama Canal Commission from the children of civilian personnel of the United States Government residing in the Republic of Panama who are citizens of the United States.”
Subsec. (d). Pub. L. 101–510, § 532(a)(1)(B), substituted “clauses (2) through (9)” for “clauses (2)–(7), (9), or (10)”.
Subsec. (f). Pub. L. 101–510, § 532(a)(1)(C), substituted “clauses (3) through (9)” for “clauses (3)–(7), (9) and (10)”.
1989—Subsec. (a)(1). Pub. L. 101–189 substituted “Department of Veterans Affairs” for “Veterans’ Administration”.
1983—Subsec. (a)(8). Pub. L. 98–94, § 1005(b)(1), substituted “One cadet nominated by the Administrator of the Panama Canal Commission from the children of civilian personnel of the United States Government residing in the Republic of Panama who are citizens of the United States” for “One cadet nominated by the Governor of the Panama Canal from the children of civilians residing in the Canal Zone or the children of civilian personnel of the United States Government, or the Panama Canal Company, residing in the Republic of Panama”.
Subsec. (a)(10). Pub. L. 98–94, § 1005(a)(1), substituted “, nominated by the Delegate in Congress from American Samoa” for “nominated by the Secretary of the Army upon recommendation of the Governor of Samoa”.
1981—Subsec. (d). Pub. L. 97–60 substituted provisions authorizing the Superintendent to nominate for appointment each year 50 persons from the country at large for provisions that all cadets were to be appointed by the President and that all such appointments were conditional until the cadet was admitted. See section 4341a of this title.
1980—Subsec. (a)(6), (9). Pub. L. 96–600 substituted “Two cadets” for “One cadet”.
Subsec. (h). Pub. L. 96–513 substituted “The” for “Effective beginning with nominations for appointment to the Academy in the calendar year 1964, the”.
1975—Subsecs. (a)(1), (8), (b)(1), (c). Pub. L. 94–106 substituted “children” for “sons” wherever appearing.
1973—Subsec. (a)(6). Pub. L. 93–171, § 1(1), substituted “One cadet from the Virgin Islands, nominated by the Delegate in Congress from the Virgin Islands” for “Five cadets from each Territory, nominated by the Delegate in Congress from the Territory”.
Subsec. (a)(9). Pub. L. 93–171, § 1(2), struck out reference to Guam and Virgin Islands.
Subsec. (a)(10). Pub. L. 93–171, § 1(3), added cl. (10).
Subsec. (f). Pub. L. 93–171, § 1(4), substituted “, (9) and (10) of subsection (a)” for “and (9) of subsection (a)” and struck out reference to Territory.
1972—Subsec. (a)(1). Pub. L. 92–365 increased the number of cadets from 40 to 65 and added sons of members who are in a missing status and sons of civilian employees who are in missing status as eligible for the competitive examination.
1970—Subsec. (a)(5). Pub. L. 91–405 substituted “Delegate to the House of Representatives from the District of Columbia” for “Commissioner of that District”.
1968—Subsec. (a). Pub. L. 90–374 increased from five to nine the number of alternates for each vacancy each Senator, Representative, and Delegate in Congress, including the Resident Commissioner from Puerto Rico, is entitled to nominate.
Subsec. (a)(5). Pub. L. 90–623 substituted “Commissioner” for “Commissioners”.
1966—Subsec. (a)(1). Pub. L. 89–650, § 1(1), provided for selection of cadets to the Military Academy from sons of members of the armed forces who have a 100 per centum service-connected disability and removed the limitation to active service during World War I or World War II or after
Subsec. (a)(2). Pub. L. 89–650, § 1(2), provided for nominations to the Military Academy by the President pro tempore of the Senate if there is no Vice President.
Subsec. (b)(1). Pub. L. 89–650, § 1(3), increased the number of Presidential appointments to the Military Academy from 75 to 100, provided for selection of eligible persons as stated in items (A) and (B), previously chosen from sons of members of regular components, and declared persons eligible under subsec. (a)(1) ineligible under subsec. (b)(1) of this section.
Subsec. (b)(3). Pub. L. 89–650, § 1(4), substituted “reserve components of the Army” for “the Army Reserve”.
1964—Pub. L. 88–276 amended section generally, and among other changes, in the noncompetitive appointments, increased the number of cadets nominated by the Vice President from three to five, each Senator, Representative, and Delegate from 4 to 5, and the Commissioner of Puerto Rico from 4 to 5, authorized the Governor of Puerto Rico to appoint one cadet, each Senator, Representative and Delegate to nominate a principal and five alternates for each vacancy, and, in the competitive appointments, permitted the President to appoint 75 cadets annually from the sons of members of the Regular components, instead of a cumulative total of 89, the Secretary of the Army to appoint 85 cadets annually from enlisted members of the Regular Army, instead of a cumulative total of 90, 85 annually from enlisted members of the Army Reserve, instead of a cumulative total of 90, 20 annually from honor graduates of designated honor schools and the R.O.T.C., instead of a cumulative total of 40 from honor schools only, 150 annually, in order of merit, from among the qualified alternates nominated by members of Congress, and when the quota of cadets selected under subsecs. (b)(1), (2), (3) is not filled, to fill the vacancies by appointing those best qualified from any of the three sources, decreased the number of cadets nominated by the Commissioners of the District of Columbia from 6 to 5, and by the Governor of the Panama Canal from 2 to 1, limited appointments to the number that can be adequately accommodated at the Academy, within the limitation that congressional appointments cannot be limited to less than four, and if limited, a priority of selection is established for the other categories, and, beginning in 1964, the Secretary may upon request of a Member of Congress, furnish him the name of any nominating authority responsible for the nomination of any identified person to the Academy.
1962—Subsec. (a)(10). Pub. L. 87–663, § 1(1), added cl. (10).
Subsec. (c). Pub. L. 87–633, § 1(2), inserted references to American Samoa, Guam, and the Virgin Islands, and substituted “clauses (1)–(5) and (10)” for “clauses (1)–(5).”
1958—Subsec. (c). Pub. L. 85–861 inserted a comma after “district”.
Effective Date Of Amendment
Pub. L. 111–84, div. A, title V, § 527(d),
Pub. L. 110–417, [div. A], title V, § 540(d),
Pub. L. 108–136, div. A, title V, § 524(d),
Amendment by Pub. L. 103–337 effective
Amendment by Pub. L. 97–60 effective with respect to nominations for appointment to the first class admitted to each Academy after
Pub. L. 96–600, § 2(d),
Amendment by Pub. L. 96–513 effective
Pub. L. 93–171, § 4,
Amendment by Pub. L. 91–405 effective
Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on
Amendment by Pub. L. 85–861 effective
Miscellaneous
Pub. L. 106–65, div. A, title V, § 531(a),
Pub. L. 102–190, div. A, title V, § 511(a)–(d),
Pub. L. 101–510, div. A, title V, § 531,
Pub. L. 94–106, title VIII, § 803(a),
Pub. L. 94–106, title VIII, § 803(c),