Historical and Revision Notes | ||
|---|---|---|
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
4342(a) | 10:1092a (1st par., less clauses (a) through (e)). 10:1092a (clause (a), less 14th through 52d words after 4th semicolon; and less last 32 words). | R.S. 1317. June 30, 1950, ch. 421, §§ 1, 2 (last proviso), 64 Stat. 303, 304; June 3, 1954, ch. 251, § 2, 68 Stat. 169. |
| 10:1092a (1st 13 words of clause (b)). | |
| 10:1092a (1st 26 words of clause (c)). | |
| 10:1092a (clause (d)). | |
| 10:1092a (clause (e), less last 53 words). | |
4342(b) | 10:1092a (last par.). 10:1098. | |
4342(c) | 10:1092a (14th through 52d words after 4th semicolon of clause (a)). 10:1092b (last proviso). | |
4342(d) | 10:1092a (last 32 words of clause (a)). | |
4342(e) | 10:1092a (clause (b), less 1st 13 words, and less 1st proviso). | |
4342(f) | 10:1092a (1st proviso of clause (b)). | |
4342(g) | 10:1092a (clause (c), less 1st 26 words). | |
4342(h) | 10:1092a (last 53 words of clause (e)). | |
In subsection (a), the words “the authorized strength * * * is as follows—” are substituted for the words “shall be authorized and consist of the following”. The words “at large” and “which totals two thousand four hundred and ninety-six”, and 10:1092a (clause (d)) are omitted as surplusage.
In subsection (b), the words “from whatever source of admission”, in 10:1092a, are omitted as surplusage. 10:1098 (words before last semicolon) is omitted as obsolete.
In subsection (c), the first 15 words are substituted for the words “all of which cadets shall be”. The words “domiciled in” are substituted for the words “actual residents of” to conform to opinions of the Judge Advocate General of the Army (R. 29, 83; J.A.G. 351.11,
In subsection (e)(4), the words “armed forces” are substituted for the description of the land or naval forces. The date
In subsection (f), the words “whether a death is service-connected” are substituted for the words “as to the service connection of the cause of death”.
In subsection (g), the words “(National Guard of the United States, the Air National Guard of the United States, the Army Reserve, and the Air Force Reserve)”, “Regular components”, “by members of the National Guard of the United States and the Air National Guard of the United States” and “established at the competitive entrance examination” are omitted as surplusage. The word “grades” is substituted for the words “proficiency averages”.
In subsection (h), the words “or shall hereafter be” are omitted as surplusage.
Amendment of section by section 561(a) of Pub. L. 118–31 applicable to nominations of candidates and appointments to the Service Academies for classes entering such Service Academies beginning with the 2025-2026 academic year. See 2023 Amendment notes below.
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
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”.
Pub. L. 118–31, div. A, title V, § 561(d),
Amendment by Pub. L. 115–232 effective
Pub. L. 114–328, div. A, title V, § 566(e),
Pub. L. 114–92, div. A, title V, § 556(d),
Pub. L. 111–84, div. A, title V, § 527(d),
Pub. L. 110–417, [div. A], title V, § 540(d),
Pub. L. 108–136, div. A, title V, § 524(d),
Amendment by Pub. L. 103–337 effective
Amendment by Pub. L. 97–60 effective with respect to nominations for appointment to the first class admitted to each Academy after
Pub. L. 96–600, § 2(d),
Amendment by Pub. L. 96–513 effective
Pub. L. 93–171, § 4,
Amendment by Pub. L. 91–405 effective
Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on
Amendment by Pub. L. 85–861 effective
Pub. L. 116–283, div. A, title V, § 575, “(a) Nominations Portal.—“(1) Not later than two years after the date of the enactment of this Act [“(2) 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) The portal shall allow Members of Congress, other nominating sources, and their designees to view their past nomination records for all application cycles.“(b) “(1) 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) 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) 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) “(1) 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) 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) In preparing each report under paragraph (1), the Secretary shall consult with the Superintendents of the military service academies.“(4) 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) 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.”
Pub. L. 94–106, title VIII, § 803(a),
Pub. L. 94–106, title VIII, § 803(c),