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Title 10 — Armed Forces

Part III · Chapter 753 — United States Military Academy

§ 7442. Cadets: appointment; numbers, territorial distribution

Statutory text

(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 for each vacancy that is available to him under this section. Nominees may be submitted without ranking or with a principal candidate and up to 14 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Aug. 10, 1956, ch. 1041, 70A Stat. 240, § 4342 · 70A Stat. 240

    Enacted · 10 U.S.C. § 7442

    Aug. 10, 1956, ch. 1041, 70A Stat. 240, § 4342

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 240, § 4342

  2. Pub. L. 85–861 § 33(a)(26) · 72 Stat. 1437

    Inserted · 10 U.S.C. § 7442(c)

    Pub. L. 85–861 inserted a comma after “district”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 85–861 inserted a comma after “district”.

    Enacted provision · exact public law section
    (26) Section 4342 (c) is amended by inserting a comma after the 10 USC 4342. word “district”.

  3. Pub. L. 87–633 § 1(2) · 76 Stat. 435

    1. Inserted · 10 U.S.C. § 7442(c)

      Pub. L. 87–633, § 1(2), inserted references to American Samoa, Guam, and the Virgin Islands

    2. Substituted · 10 U.S.C. § 7442(c)

      Pub. L. 87–633, § 1(2), substituted “clauses (1)–(5) and (10)” for “clauses (1)–(5).”

    Source evidence

    Code amendment note
    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).”

  4. Pub. L. 87–663 § 1(1) · 76 Stat. 547

    Added · 10 U.S.C. § 7442(a)(10)

    Pub. L. 87–663, § 1(1), added cl. (10)

    Source evidence

    Code amendment note
    Subsec. (a)(10). Pub. L. 87–663, § 1(1), added cl. (10).

    Enacted provision · exact public law section
    (1) Section 4342(a) is amended— (A) by striking out the word “and” at the end of clause (8); (B) by striking out the period at the end of clause (9) and inserting the word “; and” in place thereof; and (C) by adding the following new clause at the end thereof: “(10) one cadet from American Samoa, Guam, or the Virgin Islands nominated by the Secretary of the Army upon recommendations of their respective Governors.”

  5. Pub. L. 88–276 § 1(1) · 78 Stat. 148

    Amended · 10 U.S.C. § 7442

    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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (1) Section 4342 is amended to read as follows: “§ 4342. Cadets: appointment; numbers, territorial distribution “(a) The authorized strength of the Corps of Cadets of the Academy is as follows: “(1) 40 cadets selected in order of merit as established by competitive examinations from the sons of members of the armed forces who were killed in action or died of wounds or injuries received or diseases contracted in, or preexisting injury or disease aggravated by, active service— “(A) during World War 1 or World War II as defined by laws providing service-connected compensation or pension benefits for veterans of those wars and their dependents: or “(B) after June 26, 1950, and before February 1, 1955. The determination of the Veterans’ Administration as to service connection of the cause of death is binding upon the Secretary of the Army. “(2) Five cadets nominated at large by the Vice President. “(3) Ten cadets from each State, five of whom are nominated by each Senator from that State. “(4) Five cadets from each congressional district, nominated by the Representative from the district. “(5) Five cadets from the District of Columbia, nominated by the Commissioners of that District. “(6) Five cadets from each Territory, nominated by the Delegate in Congress from the Territory. “(7) Six cadets from Puerto Rico, five of whom are nominated by the Resident Commissioner from Puerto Rico and one who is a native of Puerto Rico nominated by the Governor of Puerto Rico. “(8) One cadet nominated by the Governor of the Panama Canal from the sons of civilians residing in the Canal Zone or the sons of civilian personnel of the United States Government, or the Panama Canal Company, residing in the Republic of Panama. “(9) One cadet from American Samoa, Guam, or the Virgin Islands nominated by the Secretary of the Army upon recommendations of their respective Governor’s. Each Senator, Representative, and Delegate in Congress, including the Resident Commissioner from Puerto Rico, is entitled to nominate a principal candidate and five alternates for each vacancy that is available to him under this section. “(b) In addition, there may be appointed each year at the Academy cadets as follows: “(1) 75 selected by the President from the sons of members of regular components of the armed forces. “(2) 85 nominated by the Secretary of the Army from enlisted members of the Regular Army. “(3) 85 nominated by the Secretary of the Army from enlisted members of the Army Reserve. “(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 70A Stat. 242. qualified alternates nominated by persons named in clauses (3) and (4) of subsection (a). “(c) The President may also appoint as cadets at the Academy Sons of Medal of Honor winners sons of persons who have been awarded the Medal of Honor for acts performed while in the armed forces. “(d) All cadets are appointed by the President. An appointment is conditional until the cadet is admitted. “(e) If the annual quota of cadets under subsection (b)(1), (2), Unfilled quotas. (3) is not filled, the Secretary may fill the vacancies by nominating for appointment other candidates from any of these sources who were found best qualified on examination for admission and not otherwise nominated. “(f) Each candidate for admission nominated under clauses (3)–(7) Conditions. and (9) of subsection (a) must be domiciled in the State or Territory, 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 Secretary of Army. Authority. authorized to be appointed tinder this section to the number that can be adequately accommodated at the Academy, as determined by the Secretary after consulting with the Committees on Armed Services of the Senate and House of Representatives, subject to the following: “(1) Cadets chargeable to each nominating authority named in subsection (a)(3) or (4) may not be limit ed 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 (his subsection do not. affect the operation of subsection (e). “(h) Effective beginning with nominations for appointment to the Academy in the calendar year 1964, the Secretary of the .Army 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 mimed or identified person for appointment to the Academy.”

  6. Pub. L. 89–650 § 1(1) · 80 Stat. 896

    Changed · 10 U.S.C. § 7442(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 June 26, 1950, and before Feb. 1, 1955

    Source evidence

    Code amendment note
    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 June 26, 1950, and before Feb. 1, 1955.

    Enacted provision · exact public law section
    (1) Sections 4342(a)(1), 6954(a)(1), and 9342(a)(1) are each amended as follows: (A) By inserting “, or have a service-connected disability rated at not less than 100 per centum resulting from,” after “died of”, and by striking out “active service” and all that follows through “1955” and inserting in lieu thereof “active service.”. (B) By inserting “or disability, and the percentage at which the disability is rated,” after “death” in the last sentence thereof.

  7. Pub. L. 89–650 § 1(2) · 80 Stat. 896

    Changed · 10 U.S.C. § 7442(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (1) Sections 4342(a)(1), 6954(a)(1), and 9342(a)(1) are each amended as follows: (A) By inserting “, or have a service-connected disability rated at not less than 100 per centum resulting from,” after “died of”, and by striking out “active service” and all that follows through “1955” and inserting in lieu thereof “active service.”. (B) By inserting “or disability, and the percentage at which the disability is rated,” after “death” in the last sentence thereof.

  8. Pub. L. 89–650 § 1(3) · 80 Stat. 896

    Changed · 10 U.S.C. § 7442(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (1) Sections 4342(a)(1), 6954(a)(1), and 9342(a)(1) are each amended as follows: (A) By inserting “, or have a service-connected disability rated at not less than 100 per centum resulting from,” after “died of”, and by striking out “active service” and all that follows through “1955” and inserting in lieu thereof “active service.”. (B) By inserting “or disability, and the percentage at which the disability is rated,” after “death” in the last sentence thereof.

  9. Pub. L. 89–650 § 1(4) · 80 Stat. 896

    Substituted · 10 U.S.C. § 7442(b)(3)

    Pub. L. 89–650, § 1(4), substituted “reserve components of the Army” for “the Army Reserve”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 89–650, § 1(4), substituted “reserve components of the Army” for “the Army Reserve”.

    Enacted provision · exact public law section
    (1) Sections 4342(a)(1), 6954(a)(1), and 9342(a)(1) are each amended as follows: (A) By inserting “, or have a service-connected disability rated at not less than 100 per centum resulting from,” after “died of”, and by striking out “active service” and all that follows through “1955” and inserting in lieu thereof “active service.”. (B) By inserting “or disability, and the percentage at which the disability is rated,” after “death” in the last sentence thereof.

  10. Pub. L. 90–374 · 82 Stat. 283

    Changed · 10 U.S.C. § 7442(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

    Source evidence

    Code amendment note
    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.

  11. Pub. L. 90–623 § 2(8) · 82 Stat. 1312

    Substituted · 10 U.S.C. § 7442(a)(5)

    Pub. L. 90–623 substituted “Commissioner” for “Commissioners”

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 90–623 substituted “Commissioner” for “Commissioners”.

    Enacted provision · exact public law section
    (8) In sections4342(a)(5), 6954(a)(5), and 9342(a)(5) strikeout “Commissioners” wherever it appears and insert in place thereof “Commissioner”:

  12. District of Columbia Delegate Act

    Pub. L. 91–405 title II § 204(c) · 84 Stat. 845

    Substituted · 10 U.S.C. § 7442(a)(5)

    Pub. L. 91–405 substituted “Delegate to the House of Representatives from the District of Columbia” for “Commissioner of that District”

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 91–405 substituted “Delegate to the House of Representatives from the District of Columbia” for “Commissioner of that District”.

    Enacted provision · exact public law section
    (c) Sections 4342(a)(5), 6954(a)(5), and 9342(a)(5) of title l0 78 Stat. 148, 151; 70A Stat. 429. of the United States Code are each amended by striking out “by the Commissioner of that District” and inserting in lieu thereof “by the Delegate to the House of Representatives from the District of Columbia”.

  13. Pub. L. 92–365 § 1(1) · 86 Stat. 505

    Added · 10 U.S.C. § 7442(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (1) Section 43–12 (a)(1) is amended by striking out “40” and inserting in place thereof “65” and by striking out “service.” at the end of the first sentence and by inserting in place thereof “service, sons of members who are in a ‘missing status’ as defined in section 551 (2) of title 37, and sons of civilian employees who are in ‘missing status’ as 80 Stat. 625. 80 Stat. 489. 70A Stat. 429; 80 Stat. 896. defined in section 5561(5) of title 5.”

  14. Pub. L. 93–171 § 1(1) · 87 Stat. 690

    Substituted · 10 U.S.C. § 7442(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (1) Section 4342 (a)(6) is amended to read as follows: “(6) One cadet from the Virgin Islands, nominated by the Delegate in Congress from the Virgin Islands.”

  15. Pub. L. 93–171 § 1(2) · 87 Stat. 690

    Struck · 10 U.S.C. § 7442(a)(9)

    Pub. L. 93–171, § 1(2), struck out reference to Guam and Virgin Islands

    Source evidence

    Code amendment note
    Subsec. (a)(9). Pub. L. 93–171, § 1(2), struck out reference to Guam and Virgin Islands.

    Enacted provision · exact public law section
    (1) Section 4342 (a)(6) is amended to read as follows: “(6) One cadet from the Virgin Islands, nominated by the Delegate in Congress from the Virgin Islands.”

  16. Pub. L. 93–171 § 1(3) · 87 Stat. 690

    Added · 10 U.S.C. § 7442(a)(10)

    Pub. L. 93–171, § 1(3), added cl. (10)

    Source evidence

    Code amendment note
    Subsec. (a)(10). Pub. L. 93–171, § 1(3), added cl. (10).

    Enacted provision · exact public law section
    (1) Section 4342 (a)(6) is amended to read as follows: “(6) One cadet from the Virgin Islands, nominated by the Delegate in Congress from the Virgin Islands.”

  17. Pub. L. 93–171 § 1(4) · 87 Stat. 690

    1. Substituted · 10 U.S.C. § 7442(f)

      Pub. L. 93–171, § 1(4), substituted “, (9) and (10) of subsection (a)” for “and (9) of subsection (a)”

    2. Struck · 10 U.S.C. § 7442(f)

      Pub. L. 93–171, § 1(4), struck out reference to Territory

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (1) Section 4342 (a)(6) is amended to read as follows: “(6) One cadet from the Virgin Islands, nominated by the Delegate in Congress from the Virgin Islands.”

  18. Pub. L. 94–106 title VIII § 803(b)(1) · 89 Stat. 531

    Substituted · 10 U.S.C. § 7442(a)(1); 10 U.S.C. § 7442(a)(8); 10 U.S.C. § 7442(b)(1); 10 U.S.C. § 7442(a)(c)

    Pub. L. 94–106 substituted “children” for “sons” wherever appearing

    Source evidence

    Code amendment note
    Subsecs. (a)(1), (8), (b)(1), (c). Pub. L. 94–106 substituted “children” for “sons” wherever appearing.

    Enacted provision · exact public law section
    (1) Sections 4342, 6954, and 9342 are each amended by striking out the word “sons” wherever it appears therein and inserting in place thereof in each instance the word “children”.

  19. Defense Officer Personnel Management Act

    Pub. L. 96–513 title V § 512(13) · 94 Stat. 2835

    Substituted · 10 U.S.C. § 7442(h)

    Pub. L. 96–513 substituted “The” for “Effective beginning with nominations for appointment to the Academy in the calendar year 1964, the”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 96–513 substituted “The” for “Effective beginning with nominations for appointment to the Academy in the calendar year 1964, the”.

    Enacted provision · exact public law section
    (13) Section 4342(h) is amended by striking out “Effective beginning with nominations for appointment to the Academy in the calendar year 1964, the” and inserting in lieu thereof “The”.

  20. Pub. L. 96–600 § 2(a) · 94 Stat. 3493

    Substituted · 10 U.S.C. § 7442(a)(6); 10 U.S.C. § 7442(a)(9)

    Pub. L. 96–600 substituted “Two cadets” for “One cadet”

    Source evidence

    Code amendment note
    Subsec. (a)(6), (9). Pub. L. 96–600 substituted “Two cadets” for “One cadet”.

    Enacted provision · exact public law section
    (a) Section 4342(a) of title 10, United States Code, relating to 10 USC 4342. the number of cadets at the United States Military Academy, is amended by striking out “One cadet” in clauses (6) and (9) and inserting in lieu thereof “Two cadets”.

  21. Uniformed Services Pay Act of 1981

    Pub. L. 97–60 title II § 203(a)(1) · 95 Stat. 989

    Substituted · 10 U.S.C. § 7442(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (1) Section 4342 of title 10, United States Code, is amended by striking out subsection (d) and inserting in lieu thereof the following: “(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 clauses (2)–(7), (9), or (10) of subsection (a) and may not cause the total strength of the Corps of Cadets to exceed the authorized number.”.

  22. Department of Defense Authorization Act, 1984

    Pub. L. 98–94 § 1005(b)(1) · 97 Stat. 614

    Substituted · 10 U.S.C. § 7442(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”

    Source evidence

    Code amendment note
    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”.

  23. Department of Defense Authorization Act, 1984

    Pub. L. 98–94 § 1005(a)(1) · 97 Stat. 614

    Substituted · 10 U.S.C. § 7442(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”

    Source evidence

    Code amendment note
    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”.

  24. National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 div. A title XVI § 1621(a)(1) · 103 Stat. 1352

    Substituted · 10 U.S.C. § 7442(a)(1)

    Pub. L. 101–189 substituted “Department of Veterans Affairs” for “Veterans’ Administration”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 101–189 substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

    Enacted provision · exact public law section
    (1) The following sections are amended by striking out “Veterans’ Administration” and inserting in lieu thereof “Department of Veterans Affairs”: sections 176(a)(3), 772(g), 1174(h)(2), 1201(3)(B), 1203(4)(A), 1203(4)(B), 1203(4)(C), 1204(4)(B), 1206(4), 1209, 1210(c), 1210(d), 1210(e), 1212(c), 1218(a)(1), 1431(b)(1), 1433 (in two places), 1441, 1449, 1450(h), 1452(g)(1), 1452(g)(5), 1476(b), 2641(a), 2641(b)(1) (in two places), 2641(d)(2), 4342(a)(1), 4621(d), 4683(a)(1), 4713(c), 6954(a)(1), 7603, 9342(a)(1), 9621(d), and 9713(c).

  25. National Defense Authorization Act for Fiscal Year 1991

    Pub. L. 101–510 § 532(a)(1)(A) · 104 Stat. 1485

    1. Redesignated · 10 U.S.C. § 7442(a)(8)(10)

      Pub. L. 101–510, § 532(a)(1)(A), redesignated cls. (9) and (10) as (8) and (9), respectively

    2. Struck · 10 U.S.C. § 7442(a)(8)(10)

      Pub. L. 101–510, § 532(a)(1)(A), 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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (A) in subsection (a)— (i) by striking out clause (8); and (ii) by redesignating clauses (9) and (10) as clauses (8) and (9), respectively;

  26. National Defense Authorization Act for Fiscal Year 1991

    Pub. L. 101–510 § 532(a)(1)(B) · 104 Stat. 1485

    Substituted · 10 U.S.C. § 7442(d)

    Pub. L. 101–510, § 532(a)(1)(B), substituted “clauses (2) through (9)” for “clauses (2)–(7), (9), or (10)”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 101–510, § 532(a)(1)(B), substituted “clauses (2) through (9)” for “clauses (2)–(7), (9), or (10)”.

    Enacted provision · exact public law section
    (B) in subsection (d), by striking out “(2)–(7), (9), or (10)” and inserting in lieu thereof “(2) through (9)”; and

  27. National Defense Authorization Act for Fiscal Year 1991

    Pub. L. 101–510 § 532(a)(1)(C) · 104 Stat. 1485

    Substituted · 10 U.S.C. § 7442(f)

    Pub. L. 101–510, § 532(a)(1)(C), substituted “clauses (3) through (9)” for “clauses (3)–(7), (9) and (10)”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 101–510, § 532(a)(1)(C), substituted “clauses (3) through (9)” for “clauses (3)–(7), (9) and (10)”.

    Enacted provision · exact public law section
    (C) in subsection (f), by striking out “(3)–(7), (9) and (10)” and inserting in lieu thereof “(3) through (9)”.

  28. Pub. L. 103–160 div. A title V § 531 · 107 Stat. 1547

    1. Substituted · 10 U.S.C. § 7442(a)

      Pub. L. 103–160 in concluding provisions substituted “10 persons” for “a principal candidate and nine alternates”

    2. Inserted · 10 U.S.C. § 7442(a)

      Pub. L. 103–160 in concluding provisions 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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    SEC. 531. CONGRESSIONAL NOMINATIONS. Sections 4342(a), 6954(a), and 9342(a) of title 10, United States Code, are each amended— (1) in the sentence following paragraph (9), by striking out “a principal candidate and nine alternates” and inserting in lieu thereof “10 persons”; and (2) by inserting after such sentence the following: “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.”.

  29. Reserve Officer Personnel Management Act

    Pub. L. 103–337 div. A title XVI § 1672(c)(3) · 108 Stat. 2663

    Substituted · 10 U.S.C. § 7442(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (3) Section 4342(b)(1)(B) is amended by striking out “section 1331 of this title” and inserting in lieu thereof “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)”.

  30. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 532(a) · 110 Stat. 186

    Added · 10 U.S.C. § 7442(a)(10)

    Pub. L. 104–106, § 532(a), added par. (10)

    Source evidence

    Code amendment note
    Subsec. (a)(10). Pub. L. 104–106, § 532(a), added par. (10).

    Enacted provision · exact public law section
    (a) Military Academy.— Section 4342(a) of title 10, United States Code, is amended by inserting after paragraph (9) the following new paragraph: “(10) One cadet from the Commonwealth of the Northern Marianas Islands, nominated by the resident representative from the commonwealth.”.

  31. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 1502(a)(1) · 110 Stat. 186

    Substituted · 10 U.S.C. § 7442(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (1) Sections 503(b)(5), 520a(d), 526(d)(1), 619a(h)(2), 806a(b), 838(b)(7), 946(c)(1)(A), 1098(b)(2), 2313(b)(4), 2361(c)(1), 2371(h), 2391(c), 2430(b), 2432(b)(3)(B), 2432(c)(2), 2432(h)(l), 2667(dX3), 2672a(b), 2687(b)(1), 4342(g), 7307(b)(1)(A), and 9342(g) are amended by striking out “Committees on Armed Services of the Senate and House of Representatives” and inserting in lieu thereof “Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives”.

  32. National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 div. A title X § 1073(a)(62) · 111 Stat. 1629

    Substituted · 10 U.S.C. § 7442(a)(10)

    Pub. L. 105–85 substituted “Mariana” for “Marianas”

    Source evidence

    Code amendment note
    Subsec. (a)(10). Pub. L. 105–85 substituted “Mariana” for “Marianas”.

    Enacted provision · exact public law section
    (62) Sections 4342(a)(10), 6954(a)(10), and 9342(a)(10) are amended by striking out “Marianas” and inserting in lieu thereof “Mariana”.

  33. Pub. L. 106–65 § 531(b)(1)(A) · 113 Stat. 512

    Substituted · 10 U.S.C. § 7442(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (A) in subsection (a), by striking “is as follows:” in the matter preceding paragraph (1) and inserting “(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:”; and

  34. Pub. L. 106–65 § 1067(1) · 113 Stat. 512

    Substituted · 10 U.S.C. § 7442(g)

    Pub. L. 106–65, § 1067(1), substituted “and the Committee on Armed Services” for “and the Committee on National Security” in introductory provisions

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (1) Title 10, United States Code.

  35. Pub. L. 106–65 § 531(b)(1)(B) · 113 Stat. 512

    Added · 10 U.S.C. § 7442(i)

    Pub. L. 106–65, § 531(b)(1)(B), added subsec. (i)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 106–65, § 531(b)(1)(B), added subsec. (i).

    Enacted provision · exact public law section
    (B) by adding at the end the following new subsection: “(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 (beginning with the 2001–2002 academic 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.”.

  36. Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Struck · 10 U.S.C. § 7442(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

  37. Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Added · 10 U.S.C. § 7442(b)(1)(C); 10 U.S.C. § 7442(b)(1)(D)

    Pub. L. 106–398, § 1 [[div. A], title V, § 531(a)(2)], added subpars. (C) and (D)

    Source evidence

    Code amendment note
    Subsec. (b)(1)(C), (D). Pub. L. 106–398, § 1 [[div. A], title V, § 531(a)(2)], added subpars. (C) and (D).

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

  38. Pub. L. 107–314 § 532(a)(1) · 116 Stat. 2458

    Inserted · 10 U.S.C. § 7442(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)”

    Source evidence

    Code amendment note
    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)”.

    Enacted provision · exact public law section
    (1) in subsection (a), by inserting before the period at the end of the first sentence the following: “or such higher number as may be prescribed by the Secretary of the Army under subsection (j)”; and

  39. Pub. L. 107–314 § 532(f) · 116 Stat. 2458

    Struck · 10 U.S.C. § 7442(i)

    Pub. L. 107–314, § 532(f), struck out “(beginning with the 2001–2002 academic year)” after “any year”

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 107–314, § 532(f), struck out “(beginning with the 2001–2002 academic year)” after “any year”.

    Enacted provision · exact public law section
    (f) Repeal of Obsolete Language.— Section 4342(i) of such title is amended by striking “(beginning with the 2001–2002 academic year)”.

  40. Pub. L. 107–314 § 532(a)(2) · 116 Stat. 2458

    Added · 10 U.S.C. § 7442(j)

    Pub. L. 107–314, § 532(a)(2), added subsec. (j)

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 107–314, § 532(a)(2), added subsec. (j).

    Enacted provision · exact public law section
    (2) by adding at the end the following new subsection: “(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. However, no increase may be prescribed for any academic year after the 2007–2008 academic year. “(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.”.

  41. National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 524(a)(1) · 117 Stat. 1392

    Substituted · 10 U.S.C. § 7442(a)(6); 10 U.S.C. § 7442(a)(8)

    Pub. L. 108–136, § 524(a)(1), substituted “Three” for “Two”

    Source evidence

    Code amendment note
    Subsec. (a)(6), (8). Pub. L. 108–136, § 524(a)(1), substituted “Three” for “Two”.

    Enacted provision · exact public law section
    (1) in paragraphs (6) and (8), by striking “Two” and inserting “Three”; and

  42. National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 524(a)(2) · 117 Stat. 1392

    Substituted · 10 U.S.C. § 7442(a)(9)

    Pub. L. 108–136, § 524(a)(2), substituted “Two” for “One”

    Source evidence

    Code amendment note
    Subsec. (a)(9). Pub. L. 108–136, § 524(a)(2), substituted “Two” for “One”.

    Enacted provision · exact public law section
    (2) in paragraph (9), by striking “One” and inserting “Two”.

  43. National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 1031(a)(53) · 117 Stat. 1392

    Substituted · 10 U.S.C. § 7442(h)

    Pub. L. 108–136, § 1031(a)(53), substituted “Superintendent” for “Secretary of the Army”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 108–136, § 1031(a)(53), substituted “Superintendent” for “Secretary of the Army”.

    Enacted provision · exact public law section
    (53) Section 4342(h) is amended by striking “Secretary of the Army” and inserting “Superintendent”.

  44. John Warner National Defense Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 div. A title X § 1071(a)(28) · 120 Stat. 2083

    Substituted · 10 U.S.C. § 7442(a)(9)

    Pub. L. 109–364 substituted “cadets” for “cadet”

    Source evidence

    Code amendment note
    Subsec. (a)(9). Pub. L. 109–364 substituted “cadets” for “cadet”.

    Enacted provision · exact public law section
    (28) Section 4342(a)(9) is amended by striking “cadet” and inserting “cadets”.

  45. National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 div. A title V § 525 · 122 Stat. 3

    Struck · 10 U.S.C. § 7442(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    SEC. 525. REPEAL OF POST-2007–2008 ACADEMIC YEAR PROHIBITION ON PHASED INCREASE IN CADET STRENGTH LIMIT AT THE UNITED STATES MILITARY ACADEMY.   Section 4342(j)(1) of title 10, United States Code, is amended by striking the last sentence.

  46. Consolidated Natural Resources Act of 2008

    Pub. L. 110–229 title VII § 718(a) · 122 Stat. 754

    Substituted · 10 U.S.C. § 7442(a)(10)

    Pub. L. 110–229 substituted “Delegate in Congress” for “resident representative”

    Source evidence

    Code amendment note
    Subsec. (a)(10). Pub. L. 110–229 substituted “Delegate in Congress” for “resident representative”.

    Enacted provision · exact public law section
    (a) United States Military Academy.— Section 4342(a)(10) of title 10, United States Code, is amended by striking “resident representative” and inserting “Delegate in Congress”.

  47. Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

    Pub. L. 110–417 · 122 Stat. 4356

    Substituted · 10 U.S.C. § 7442(a)

    Pub. L. 110–417 substituted “4,400 or such lower number” for “4,000 or such higher number” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 110–417 substituted “4,400 or such lower number” for “4,000 or such higher number” in introductory provisions.

  48. National Defense Authorization Act for Fiscal Year 2010

    Pub. L. 111–84 div. A title V § 527(a) · 123 Stat. 2190

    Substituted · 10 U.S.C. § 7442(a)(10)

    Pub. L. 111–84 substituted “Two cadets” for “One cadet”

    Source evidence

    Code amendment note
    Subsec. (a)(10). Pub. L. 111–84 substituted “Two cadets” for “One cadet”.

    Enacted provision · exact public law section
    (a) United States Military Academy.— Section 4342(a)(10) of title 10, United States Code, is amended by striking “One cadet” and inserting “Two cadets”.

  49. National Defense Authorization Act for Fiscal Year 2013

    Pub. L. 112–239 § 1076(f)(38)(A)(i) · 126 Stat. 1632

    Substituted · 10 U.S.C. § 7442(b)(1)

    Pub. L. 112–239, § 1076(f)(38)(A)(i), substituted “paragraph” for “clause” in two places in concluding provisions

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 112–239, § 1076(f)(38)(A)(i), substituted “paragraph” for “clause” in two places in concluding provisions.

    Enacted provision · exact public law section
    (i) in paragraph (1), by striking “clause” both places it appears and inserting “paragraph”; and

  50. National Defense Authorization Act for Fiscal Year 2013

    Pub. L. 112–239 § 1076(f)(38)(A)(ii) · 126 Stat. 1632

    Substituted · 10 U.S.C. § 7442(b)(5); 10 U.S.C. § 7442(b)(d); 10 U.S.C. § 7442(b)(f)

    Pub. L. 112–239, § 1076(f)(38)(A)(ii)–(C), substituted “paragraphs” for “clauses”

    Source evidence

    Code amendment note
    Subsecs. (b)(5), (d), (f). Pub. L. 112–239, § 1076(f)(38)(A)(ii)–(C), substituted “paragraphs” for “clauses”.

    Enacted provision · exact public law section
    (ii) in paragraph (5), by striking “clauses” and inserting “paragraphs”;

  51. National Defense Authorization Act for Fiscal Year 2016

    Pub. L. 114–92 § 556(a)(1) · 129 Stat. 726

    Substituted · 10 U.S.C. § 7442(a)(6)

    Pub. L. 114–92, § 556(a)(1), substituted “Four” for “Three”

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 114–92, § 556(a)(1), substituted “Four” for “Three”.

    Enacted provision · exact public law section
    (1) in paragraph (6), by striking “Three” and inserting “Four”;

  52. National Defense Authorization Act for Fiscal Year 2016

    Pub. L. 114–92 § 556(a)(2) · 129 Stat. 726

    Substituted · 10 U.S.C. § 7442(a)(8)

    Pub. L. 114–92, § 556(a)(2), substituted “Four” for “Three”

    Source evidence

    Code amendment note
    Subsec. (a)(8). Pub. L. 114–92, § 556(a)(2), substituted “Four” for “Three”.

    Enacted provision · exact public law section
    (2) in paragraph (8), by striking “Three” and inserting “Four”;

  53. National Defense Authorization Act for Fiscal Year 2016

    Pub. L. 114–92 § 556(a)(3) · 129 Stat. 726

    Substituted · 10 U.S.C. § 7442(a)(9)

    Pub. L. 114–92, § 556(a)(3), substituted “Three” for “Two”

    Source evidence

    Code amendment note
    Subsec. (a)(9). Pub. L. 114–92, § 556(a)(3), substituted “Three” for “Two”.

    Enacted provision · exact public law section
    (3) in paragraph (9), by striking “Two” and inserting “Three”; and

  54. National Defense Authorization Act for Fiscal Year 2016

    Pub. L. 114–92 § 556(a)(4) · 129 Stat. 726

    Substituted · 10 U.S.C. § 7442(a)(10)

    Pub. L. 114–92, § 556(a)(4), substituted “Three” for “Two”

    Source evidence

    Code amendment note
    Subsec. (a)(10). Pub. L. 114–92, § 556(a)(4), substituted “Three” for “Two”.

    Enacted provision · exact public law section
    (4) in paragraph (10), by striking “Two” and inserting “Three”.

  55. National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 div. A title V § 566(a) · 130 Stat. 2000

    Inserted · 10 U.S.C. § 7442(a)

    Pub. L. 114–328 inserted at end of concluding provisions “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.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 114–328 inserted at end of concluding provisions “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.”

    Enacted provision · exact public law section
    (a) United States Military Academy.— Section 4342(a) of title 10, United States Code, is amended in the matter after paragraph (10) by adding at the end the following new sentence: “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.”.

  56. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 808(c)(1) · 132 Stat. 1636

    Changed · 10 U.S.C. § 7442

    Pub. L. 115–232, § 808(c)(1), renumbered section 4342 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–232, § 808(c)(1), renumbered section 4342 of this title as this section.

    Enacted provision · exact public law section
    (1) In general.— Except as provided in paragraph (2), each section in part III of such subtitle 10 USC 7401–7403, 7406, 7409, 7414, 7415, 7417–7421, 7431–7438, 7440–7443, 7446–7462. 10 USC 7481–7484, 7486, 7487. 10 USC 7532, 7536, 7540–7544, 7551–7555, 7561–7565, 7591–7595, 7621, 7622, 7624–7629, 7652–7657, 7682–7690, 7712, 7714, 7721–7727, 7749, 7771, 7772, 7776–7781, 7801–7804, 7806, 7831, 7837–7842. is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,100.

  57. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 809(a) · 132 Stat. 1636

    Substituted · 10 U.S.C. § 7442(b)(5)

    Pub. L. 115–232, § 809(a), substituted “section 7443” for “section 4343”

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 115–232, § 809(a), substituted “section 7443” for “section 4343”.

    Enacted provision · exact public law section
    (a) Title 10, United States Code.— Each provision of title 10, United States Code (including the table of subtitles preceding subtitle A), that contains a reference to a section or chapter redesignated by this part is 10 USC prec. 101, 125, 162, 347, 532, 616, 624, 631–634, 637–638b, 641, 652, 688, 1074h, 1134a, 1135, 1174, 1176, 1370, 1402, 1402a, 1406, 1407, 1409, 1447, 1488, 1552, 2208, 2218, 2433, 2474, 2522, 2547, 2563, 2575, 2780, 7023, 7032, 7033, 7036, 7278, 7282, 7285, 7311, 7314, 7317, 7318, 7324, 7325, 7326, 7329, 7343, 7345, 7361, 7362, 7433a, 7442, 7443, 7482–7484, 7629, 7722, 7806, 8023, 8027, 8032, 8033, 8036, 8037, 8042, 8043, 8083, 8084, 8089, 8139, 8146, 8219, 8243, 8286, 8298, 8307, 8323, 8325–8327, 8330, 8331, 8333, 8335, 8336, 8371, 8372, 8451a, 8454, 8456, 8458, 8470a, 8474, 8476, 8481, 8545, 8549, 8585–8587, 8675, 8686, 8722, 8723, 8725, 8730, 8731, 8737, 8766, 8855, 8859, 8860, 8881, 8892–8894, 8897, 9023, 9032, 9033, 9039, 9062, 9081, 9229, 9278, 9282, 9285, 9311, 9314, 9317, 9318, 9324–9326, 9329, 9343, 9345, 9361, 9362, 9414a, 9415, 9417, 9433a, 9442, 9443, 9482–9484, 9491m, 9494, 9496, 9498, 10154, 10171–10174, 12009, 12645–12647, 12741, 14108, 14311. amended so that the reference refers to the number of the section or chapter as redesignated.

  58. James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

    Pub. L. 117–263 div. A title V § 552(a) · 136 Stat. 2395

    Substituted · 10 U.S.C. § 7442(b)(5)

    Pub. L. 117–263 substituted “paragraphs (3) through (10)” for “paragraphs (3) and (4)”

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 117–263 substituted “paragraphs (3) through (10)” for “paragraphs (3) and (4)”.

    Enacted provision · exact public law section
    (a) United States Military Academy.— Section 7442 of title 10, United States Code, is amended, in subsection (b)(5), by striking “paragraphs (3) and (4)” and inserting “paragraphs (3) through (10)”.

  59. National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 561(a)(1) · 137 Stat. 136

    Substituted · 10 U.S.C. § 7442(a)

    Pub. L. 118–31, § 561(a)(1), substituted “15 persons” for “10 persons” in concluding provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 118–31, § 561(a)(1), substituted “15 persons” for “10 persons” in concluding provisions.

    Enacted provision · exact public law section
    (1) in subsection (a), in the matter following paragraph (10), by striking “10 persons” and inserting “15 persons”; and

    Effective date note
    Pub. L. 118–31, div. A, title V, § 561(d), Dec. 22, 2023, 137 Stat. 274, provided that: “The amendments made by this section [amending this section and sections 8454 and 9442 of this title] shall apply to nominations of candidates and appointments to the Service Academies (as such term is defined in section 347 of title 10, United States Code) for classes entering such Service Academies beginning with the 2025-2026 academic year.”

  60. National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 562(a) · 137 Stat. 136

    Substituted · 10 U.S.C. § 7442(a)(8)

    Pub. L. 118–31, § 562(a), substituted “Five” for “Four”

    Source evidence

    Code amendment note
    Subsec. (a)(8). Pub. L. 118–31, § 562(a), substituted “Five” for “Four”.

    Enacted provision · exact public law section
    (a) United States Military Academy.— Section 7442 of title 10, United States Code, as amended by section 561, is further amended, in subsection (a)(8), by striking “Four” and inserting “Five”.

    Effective date note
    Pub. L. 118–31, div. A, title V, § 561(d), Dec. 22, 2023, 137 Stat. 274, provided that: “The amendments made by this section [amending this section and sections 8454 and 9442 of this title] shall apply to nominations of candidates and appointments to the Service Academies (as such term is defined in section 347 of title 10, United States Code) for classes entering such Service Academies beginning with the 2025-2026 academic year.”

  61. National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 561(a)(2) · 137 Stat. 136

    Substituted · 10 U.S.C. § 7442(b)(5)

    Pub. L. 118–31, § 561(a)(2), substituted “200” for “150”

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 118–31, § 561(a)(2), substituted “200” for “150”.

    Enacted provision · exact public law section
    (2) in subsection (b)(5), by striking “150” and inserting “200”.

    Effective date note
    Pub. L. 118–31, div. A, title V, § 561(d), Dec. 22, 2023, 137 Stat. 274, provided that: “The amendments made by this section [amending this section and sections 8454 and 9442 of this title] shall apply to nominations of candidates and appointments to the Service Academies (as such term is defined in section 347 of title 10, United States Code) for classes entering such Service Academies beginning with the 2025-2026 academic year.”

  62. Pub. L. 119–60 div. A title V § 555(a) · 139 Stat. 878

    Substituted · 10 U.S.C. § 7442(a)

    Pub. L. 119–60 substituted “up to 14 ranked or unranked alternates” for “9 ranked or unranked alternates” in concluding provisions

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 119–60 substituted “up to 14 ranked or unranked alternates” for “9 ranked or unranked alternates” in concluding provisions.

58 of 66 references resolved to an enrolled provision · 7 partial · 1 unresolved

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource (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 , fixed by Proclamation No. 3080 (; 20 F.R. 173), is substituted for the words “such date as shall thereafter be determined by Presidential proclamation or concurrent resolution of the Congress under section 745 of title 38”. The words “including male and female members of * * * and all components thereof” are omitted as surplusage.

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.

Editorial Notes

Amendments1958–2025 · 32 rounds

2025

Subsec. (a). Pub. L. 119–60 substituted “up to 14 ranked or unranked alternates” for “9 ranked or unranked alternates” in concluding provisions.

2023

Subsec. (a). Pub. L. 118–31, § 561(a)(1), substituted “15 persons” for “10 persons” in concluding provisions.

Subsec. (a)(8). Pub. L. 118–31, § 562(a), substituted “Five” for “Four”.

Subsec. (b)(5). Pub. L. 118–31, § 561(a)(2), substituted “200” for “150”.

2022

Subsec. (b)(5). Pub. L. 117–263 substituted “paragraphs (3) through (10)” for “paragraphs (3) and (4)”.

2018

Pub. L. 115–232, § 808(c)(1), renumbered section 4342 of this title as this section.

Subsec. (b)(5). Pub. L. 115–232, § 809(a), substituted “section 7443” for “section 4343”.

2016

Subsec. (a). Pub. L. 114–328 inserted at end of concluding provisions “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.”

2015

Subsec. (a)(6). Pub. L. 114–92, § 556(a)(1), substituted “Four” for “Three”.

Subsec. (a)(8). Pub. L. 114–92, § 556(a)(2), substituted “Four” for “Three”.

Subsec. (a)(9). Pub. L. 114–92, § 556(a)(3), substituted “Three” for “Two”.

Subsec. (a)(10). Pub. L. 114–92, § 556(a)(4), substituted “Three” for “Two”.

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 , and before .

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”.

Statutory Notes and Related Subsidiaries

Effective Date of 2023 Amendment

Pub. L. 118–31, div. A, title V, § 561(d), , 137 Stat. 274, provided that: “The amendments made by this section [amending this section and sections 8454 and 9442 of this title] shall apply to nominations of candidates and appointments to the Service Academies (as such term is defined in section 347 of title 10, United States Code) for classes entering such Service Academies beginning with the 2025-2026 academic year.”

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective , with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 2016 Amendment

Pub. L. 114–328, div. A, title V, § 566(e), , 130 Stat. 2139, provided that: “The amendments made by this section [amending this section, sections 6954 and 9342 of this title, and section 51302 of Title 46, Shipping] shall apply with respect to the appointment of cadets and midshipmen to the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, and the United States Merchant Marine Academy for classes entering these service academies after .”

Effective Date of 2015 Amendment

Pub. L. 114–92, div. A, title V, § 556(d), , 129 Stat. 825, provided that: “The amendments made by this section [amending this section and sections 6954 and 9342 of this title] shall apply with respect to the nomination of candidates for appointment to the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy for classes entering these military service academies after the date of the enactment of this Act [].”

Effective Date of 2009 Amendment

Pub. L. 111–84, div. A, title V, § 527(d), , 123 Stat. 2288, provided that: “The amendments made by this section [amending this section and sections 6954 and 9342 of this title] shall apply with respect to appointments to the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy beginning with the first class of candidates nominated for appointment to these military service academies after the date of the enactment of this Act [].”

Effective Date of 2008 Amendment

Pub. L. 110–417, [div. A], title V, § 540(d), , 122 Stat. 4454, provided that: “The amendments made by this section [amending this section and sections 6954 and 9342 of this title] shall apply with respect to academic years at the United States Military Academy, the United States Naval Academy, and the Air Force Academy after the 2007-2008 academic year.”

Effective Date of 2003 Amendment

Pub. L. 108–136, div. A, title V, § 524(d), , 117 Stat. 1465, provided that: “The amendments made by this section [amending this section and sections 6954 and 9342 of this title] shall apply with respect to the nomination of candidates for appointment to the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy for classes entering those academies after the date of the enactment of this Act [].”

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–337 effective , except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–60 effective with respect to nominations for appointment to the first class admitted to each Academy after , see section 203(d) of Pub. L. 97–60, set out as an Effective Date note under section 7441a of this title.

Effective Date of 1980 Amendments

Pub. L. 96–600, § 2(d), , 94 Stat. 3493, provided that: “The amendments made by this section [amending this section and sections 6954 and 9342 of this title] shall be effective beginning with the nominations for appointment to the service academies for academic years beginning more than one year after the date of enactment of this Act [].”

Amendment by Pub. L. 96–513 effective , see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

Effective Date of 1973 Amendment

Pub. L. 93–171, § 4, , 87 Stat. 691, provided that: “The amendments made by this Act [amending this section and sections 4343, 6954, 6956, 6958, 9342, and 9343 of this title] shall be effective beginning with the nominations for appointments to the service academies in the calendar year 1974.”

Effective Date of 1970 Amendment

Amendment by Pub. L. 91–405 effective , see section 206(b) of Pub. L. 91–405, set out as an Effective Date note under section 25a of Title 2, The Congress.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on , see section 6 of Pub. L. 90–623, set out as a note under section 5334 of Title 5, Government Organization and Employees.

Effective Date of 1958 Amendment

Amendment by Pub. L. 85–861 effective , see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title.

Information on Nominations and Applications for Military Service Academies

Pub. L. 116–283, div. A, title V, § 575, , 134 Stat. 3645, as amended by Pub. L. 117–263, div. A, title V, § 556, , 136 Stat. 2595; Pub. L. 118–159, div. A, title V, § 559A, , 138 Stat. 1900, provided that:

“(a)

Nominations Portal.—

“(1)

In general.—

Not later than , the Secretary of Defense, in consultation with the Superintendents of the military service academies, shall ensure that there is a uniform online portal for all military service academies that enables Members of Congress and other nominating sources to nominate individuals for appointment to each academy through a secure website.

“(2)

Information collection and reporting.—

The online portal established under paragraph (1) shall have the ability to—

“(A)

collect, from each nominating source, the demographic information described in subsection (b) for each individual nominated to attend a military service academy; and

“(B)

collect the information required to be included in each annual report of the Secretary under subsection (c) in a manner that enables the Secretary to automatically compile such information when preparing the report.

“(3)

Availability of information.—

The portal shall allow Members of Congress, other nominating sources, and their designees to view their past nomination records for all application cycles.

“(b)

Standard Classifications for Collection of Demographic Data.—

“(1)

Standards required.—

The Secretary, in consultation with the Superintendents of the military service academies, shall establish standard classifications that cadets, midshipmen, and applicants to the academies may use to report gender, race, and ethnicity and to provide other demographic information in connection with admission to or enrollment in an academy.

“(2)

Consistency with omb guidance.—

The standard classifications established under paragraph (1) shall be consistent with the standard classifications specified in Office of Management and Budget Directive No. 15 (pertaining to race and ethnic standards for Federal statistics and administrative reporting) or any successor directive.

“(3)

Incorporation into applications and records.—

Not later than 180 days after the date of the enactment of this Act, the Secretary shall incorporate the standard classifications established under paragraph (1) into—

“(A)

applications for admission to the military service academies; and

“(B)

the military personnel records of cadets and midshipmen enrolled in such academies.

“(c)

Annual Report on the Demographics Military Service Academy Applicants.—

“(1)

Report required.—

Not later than September 30 of each year beginning after the establishment of the online portal, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the demographics of applicants to military service academies for the most recently concluded application year.

“(2)

Elements.—

Each report under paragraph (1) shall include, with respect to each military service academy, the following:

“(A)

The number of individuals who submitted an application for admission to the academy in the application year covered by the report.

“(B)

Of the individuals who submitted an application for admission to the academy in such year—

“(i)

the overall demographics of applicant pool, disaggregated by the classifications established under subsection (b);

“(ii)

the number and percentage who received a nomination, disaggregated by the classifications established under subsection (b);

“(iii)

the number and percentage who received an offer for appointment to the academy, disaggregated by the classifications established under subsection (b); and

“(iv)

the number and percentage who accepted an appointment to the academy, disaggregated by the classifications established under subsection (b).

“(C)

Anything the Secretary determines to be significant regarding gender, race, ethnicity, or other demographic information, described in subsection (b), of such individuals.

“(3)

Consultation.—

In preparing each report under paragraph (1), the Secretary shall consult with the Superintendents of the military service academies.

“(4)

Availability of reports and data.—

The Secretary shall—

“(A)

make the results of each report under paragraph (1) available on a publicly accessible website of the Department of Defense; and

“(B)

ensure that any data included with the report is made available in a machine-readable format that is downloadable, searchable, and sortable.

“(d)

Definitions.—

In this section:

“(1)

The term ‘application year’ means the period beginning on January 1 of one year and ending on June 1 of the following year.

“(2)

The term ‘machine-readable’ has the meaning given that term in section 3502(18) of title 44, United States Code.

“(3)

The term ‘military service academy’ means—

“(A)

the United States Military Academy;

“(B)

the United States Naval Academy; and

“(C)

the United States Air Force Academy.”

Eligibility of Female Individuals for Appointment and Admission to Service Academies; Uniform Application of Academic and Other Standards to Male and Female Individuals

Pub. L. 94–106, title VIII, § 803(a), , 89 Stat. 537, provided that: “Notwithstanding any other provision of law, in the administration of chapter 403 [now 753] of title 10, United States Code [this chapter] (relating to the United States Military Academy), chapter 603 [now 853] of such title (relating to the United States Naval Academy), and chapter 903 [now 953] of such title (relating to the United States Air Force Academy), the Secretary of the military department concerned shall take such action as may be necessary and appropriate to insure that (1) female individuals shall be eligible for appointment and admission to the service academy concerned, beginning with appointments to such academy for the class beginning in calendar year 1976, and (2) the academic and other relevant standards required for appointment, admission, training, graduation, and commissioning of female individuals shall be the same as those required for male individuals, except for those minimum essential adjustments in such standards required because of physiological differences between male and female individuals.”

Secretary To Implement Policy of Expeditious Admission of Women to the Academy

Pub. L. 94–106, title VIII, § 803(c), , 89 Stat. 538, provided that: “It is the sense of Congress that, subject to the provisions of subsection (a) [note set out above], the Secretaries of the military departments shall, under the direction of the Secretary of Defense, continue to exercise the authority granted them in chapters 403, 603 and 903 [now 753, 853, and 953] of title 10, United States Code, but such authority must be exercised within a program providing for the orderly and expeditious admission of women to the academies, consistent with the needs of the services, with the implementation of such program upon enactment of this Act [].”

Credits

1956–2025 · 37 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 240, § 4342
  2. 1958Pub. L. 85–861, § 33(a)(26), , 72 Stat. 1565
  3. 1962Pub. L. 87–663, § 1(1), (2), , 76 Stat. 547
  4. 1964Pub. L. 88–276, § 1(1), , 78 Stat. 148
  5. 1966Pub. L. 89–650, § 1(1)–(4), , 80 Stat. 896
  6. 1968Pub. L. 90–374, , 82 Stat. 283
  7. 1968Pub. L. 90–623, § 2(8), , 82 Stat. 1314
  8. 1970Pub. L. 91–405, title II, § 204(c), , 84 Stat. 852
  9. 1972Pub. L. 92–365, § 1(1), , 86 Stat. 505
  10. 1973Pub. L. 93–171, § 1(1)–(4), , 87 Stat. 690
  11. 1975Pub. L. 94–106, title VIII, § 803(b)(1), , 89 Stat. 538
  12. 1980Pub. L. 96–513, title V, § 512(13), , 94 Stat. 2930
  13. 1980Pub. L. 96–600, § 2(a), , 94 Stat. 3493
  14. 1981Pub. L. 97–60, title II, § 203(a)(1), , 95 Stat. 1006
  15. 1983Pub. L. 98–94, title X, § 1005(a)(1), (b)(1), , 97 Stat. 660
  16. 1989Pub. L. 101–189, div. A, title XVI, § 1621(a)(1), , 103 Stat. 1602
  17. 1990Pub. L. 101–510, div. A, title V, § 532(a)(1), , 104 Stat. 1563
  18. 1993Pub. L. 103–160, div. A, title V, § 531, , 107 Stat. 1657
  19. 1994Pub. L. 103–337, div. A, title XVI, § 1672(c)(3), , 108 Stat. 3015
  20. 1996Pub. L. 104–106, div. A, title V, § 532(a), title XV, § 1502(a)(1), , 110 Stat. 314, 502
  21. 1997Pub. L. 105–85, div. A, title X, § 1073(a)(62), , 111 Stat. 1903
  22. 1999Pub. L. 106–65, div. A, title V, § 531(b)(1), title X, § 1067(1), , 113 Stat. 602, 774
  23. 2000Pub. L. 106–398, § 1 [[div. A], title V, § 531(a)], , 114 Stat. 1654, 1654A–109
  24. 2002Pub. L. 107–314, div. A, title V, § 532(a), (f), , 116 Stat. 2545, 2547
  25. 2003Pub. L. 108–136, div. A, title V, § 524(a), title X, § 1031(a)(53), , 117 Stat. 1464, 1603
  26. 2006Pub. L. 109–364, div. A, title X, § 1071(a)(28), , 120 Stat. 2399
  27. 2008Pub. L. 110–181, div. A, title V, § 525, , 122 Stat. 104
  28. 2008Pub. L. 110–229, title VII, § 718(a), , 122 Stat. 869
  29. 2008Pub. L. 110–417, [div. A], title V, § 540(a), , 122 Stat. 4454
  30. 2009Pub. L. 111–84, div. A, title V, § 527(a), , 123 Stat. 2288
  31. 2013Pub. L. 112–239, div. A, title X, § 1076(f)(38), , 126 Stat. 1954
  32. 2015Pub. L. 114–92, div. A, title V, § 556(a), , 129 Stat. 824
  33. 2016Pub. L. 114–328, div. A, title V, § 566(a), , 130 Stat. 2138
  34. 2018renumbered § 7442 and amended Pub. L. 115–232, div. A, title VIII, §§ 808(c)(1), 809(a), , 132 Stat. 1839, 1840
  35. 2022Pub. L. 117–263, div. A, title V, § 552(a), , 136 Stat. 2592
  36. 2023Pub. L. 118–31, div. A, title V, §§ 561(a), 562(a), , 137 Stat. 273, 274
  37. 2025Pub. L. 119–60, div. A, title V, § 555(a), , 139 Stat. 878.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 240, § 4342; Pub. L. 85–861, § 33(a)(26), , 72 Stat. 1565; Pub. L. 87–663, § 1(1), (2), , 76 Stat. 547; Pub. L. 88–276, § 1(1), , 78 Stat. 148; Pub. L. 89–650, § 1(1)–(4), , 80 Stat. 896; Pub. L. 90–374, , 82 Stat. 283; Pub. L. 90–623, § 2(8), , 82 Stat. 1314; Pub. L. 91–405, title II, § 204(c), , 84 Stat. 852; Pub. L. 92–365, § 1(1), , 86 Stat. 505; Pub. L. 93–171, § 1(1)–(4), , 87 Stat. 690; Pub. L. 94–106, title VIII, § 803(b)(1), , 89 Stat. 538; Pub. L. 96–513, title V, § 512(13), , 94 Stat. 2930; Pub. L. 96–600, § 2(a), , 94 Stat. 3493; Pub. L. 97–60, title II, § 203(a)(1), , 95 Stat. 1006; Pub. L. 98–94, title X, § 1005(a)(1), (b)(1), , 97 Stat. 660; Pub. L. 101–189, div. A, title XVI, § 1621(a)(1), , 103 Stat. 1602; Pub. L. 101–510, div. A, title V, § 532(a)(1), , 104 Stat. 1563; Pub. L. 103–160, div. A, title V, § 531, , 107 Stat. 1657; Pub. L. 103–337, div. A, title XVI, § 1672(c)(3), , 108 Stat. 3015; Pub. L. 104–106, div. A, title V, § 532(a), title XV, § 1502(a)(1), , 110 Stat. 314, 502; Pub. L. 105–85, div. A, title X, § 1073(a)(62), , 111 Stat. 1903; Pub. L. 106–65, div. A, title V, § 531(b)(1), title X, § 1067(1), , 113 Stat. 602, 774; Pub. L. 106–398, § 1 [[div. A], title V, § 531(a)], , 114 Stat. 1654, 1654A–109; Pub. L. 107–314, div. A, title V, § 532(a), (f), , 116 Stat. 2545, 2547; Pub. L. 108–136, div. A, title V, § 524(a), title X, § 1031(a)(53), , 117 Stat. 1464, 1603; Pub. L. 109–364, div. A, title X, § 1071(a)(28), , 120 Stat. 2399; Pub. L. 110–181, div. A, title V, § 525, , 122 Stat. 104; Pub. L. 110–229, title VII, § 718(a), , 122 Stat. 869; Pub. L. 110–417, [div. A], title V, § 540(a), , 122 Stat. 4454; Pub. L. 111–84, div. A, title V, § 527(a), , 123 Stat. 2288; Pub. L. 112–239, div. A, title X, § 1076(f)(38), , 126 Stat. 1954; Pub. L. 114–92, div. A, title V, § 556(a), , 129 Stat. 824; Pub. L. 114–328, div. A, title V, § 566(a), , 130 Stat. 2138; renumbered § 7442 and amended Pub. L. 115–232, div. A, title VIII, §§ 808(c)(1), 809(a), , 132 Stat. 1839, 1840; Pub. L. 117–263, div. A, title V, § 552(a), , 136 Stat. 2592; Pub. L. 118–31, div. A, title V, §§ 561(a), 562(a), , 137 Stat. 273, 274; Pub. L. 119–60, div. A, title V, § 555(a), , 139 Stat. 878.)

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USLM identifier /us/usc/t10/s7442