10 USC 4331: Establishment; Superintendent; faculty
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10 USC 4331: Establishment; Superintendent; faculty Text contains those laws in effect on January 4, 1995
From Title 10-ARMED FORCESSubtitle B-ArmyPART III-TRAININGCHAPTER 403-UNITED STATES MILITARY ACADEMY

§4331. Establishment; Superintendent; faculty

(a) There is in the Department of the Army a United States Military Academy, at West Point, New York (hereinafter in this chapter referred to as the "Academy"), for the instruction and preparation for military service of selected persons called "cadets". The organization of the Academy shall be prescribed by the Secretary of the Army.

(b) There shall be at the Academy the following:

(1) A Superintendent.

(2) A Dean of the Academic Board, who is a permanent professor.

(3) A Commandant of Cadets.

(4) Twenty-two permanent professors.

(5) A chaplain.

(6) A director of admissions.


(Aug. 10, 1956, ch. 1041, 70A Stat. 238 ; Aug. 6, 1958, Pub. L. 85–600, §1(8), 72 Stat. 522 ; Aug. 21, 1958, Pub. L. 85–723, 72 Stat. 711 ; Oct. 30, 1978, Pub. L. 95–551, §1, 92 Stat. 2069 ; Dec. 12, 1980, Pub. L. 96–513, title V, §512(12), 94 Stat. 2929 ; Oct. 23, 1992, Pub. L. 102–484, div. A, title V, §523(a), 106 Stat. 2409 ; Nov. 30, 1993, Pub. L. 103–160, div. A, title V, §533(a)(3), 107 Stat. 1658 .)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
4331(a)

4331(b)

10:1061.

10:1071.

10:1077.

10:1077a.

10:1078a.

10:1087 (less proviso).

10:1088.

10:1089 (1st 20 words).

10:1073.

R.S. 1309; Feb. 18, 1896, ch. 22 (less proviso), 29 Stat. 8.

June 23, 1879, ch. 35, §4 (less last 30 words), 21 Stat. 34 .

June 8, 1926, ch. 492 (1st par., less 1st proviso), 44 Stat. 703.

  Apr. 19, 1910, ch. 174 (1st and 2d provisos under "Permanent Establishment"), 36 Stat. 312; June 8, 1926, ch. 492 (1st proviso of 1st par.), 44 Stat. 703.
  Apr. 19, 1910, ch. 174 (8th par. under "Permanent Establishment"), 36 Stat. 312.
  May 26, 1934, ch. 353, 48 Stat. 806 .
  June 26, 1946, ch. 495, §§1 (less proviso), 2, 3 (1st 20 words), 60 Stat. 312 .

In subsection (a), reference to the senior instructors of artillery, cavalry, and infantry, and the master of the sword, in 10:1061, are omitted as obsolete. The duties of the former master of the sword are presently performed by the director of physical education, detailed to that duty by the superintendent of the Academy from officers assigned to duty at that installation by the Secretary under section 3012(e) of this title. The words "and one assistant professor", in 10:1061, are omitted as superseded by section 4333 of this title. The words "shall be constituted" are omitted as surplusage. The Act of June 8, 1926, ch. 492 (last proviso of 1st par.), 44 Stat. 703, is not contained in 10:1077a. It is also omitted from the revised section as executed.

The word "permanent" is inserted in subsection (a)(4), pursuant to 10:1087, which, by adding one permanent professor for each of the subjects of instruction named in clauses (A)–(I), inclusive, implies that there already was a permanent professor for each of those subjects. The subjects of instruction set forth in clauses (A)–(I), inclusive, are those for which a professor was authorized before the enactment of the source statute for 10:1087. The names of the subjects to be taught at the Academy are changed, where necessary, to conform to the names of those presently taught, pursuant to regulations and orders issued under the general authority for the change of titles of departments of instruction, contained in section 4332 of this title. These changes, published in general orders by authority of the Secretary of War and the Secretary of the Army, are as follows:

In clause (4)(A), the word "Electricity" is substituted for the words "chemistry, mineralogy, and geology", in 10:1061, pursuant to General Orders 38, Hq USMA, 29 June 1946.

In clause (4)(C), the word "Foreign" is substituted for the word "modern", in 10:1071, pursuant to General Orders No. 6, Hq USMA, 14 February 1949. The Act of June 23, 1879, ch. 35, §4 (1st 47 words) is not contained in 10:1071. It is also omitted from the revised section as executed.

In clause (4)(E), the word "Mechanics" is substituted for the words "natural and experimental philosophy", in 10:1061, pursuant to General Orders No. 3, Hq USMA, 11 February 1943.

In clause (4)(F), the words "Military Art and Engineering" are substituted for the words "civil and military engineering", in 10:1061, pursuant to General Orders No. 3, Hq USMA, 11 February 1943.

In clause (4)(G), the words "Military Topography and Graphics" are substituted for the word "drawing", in 10:1061, pursuant to General Orders No. 3, Hq USMA, 11 February 1943.

In clause (4)(H), the words "Physics and Chemistry" are substituted for the word "physics", in 10:1078a, pursuant to General Orders No. 38, Hq USMA, 29 June 1946.

In clause (4)(I), the words "Social Sciences" are substituted for the words "economics, government, and history", in 10:1077a, pursuant to General Orders No. 13, Hq USMA, 22 April 1947.

In clause (4)(B) and (I), the provisions of 10:1077 and 1077a relating to the appointment of a civilian in the department of English, and a professor of economics, government, and history, by the President, by and with the advice and consent of the Senate, are omitted as executed. The provisions of 10:1077a relating to the establishment of a Department of Economics, Government, and History are omitted as executed.

Subsection (a)(8) is inserted to complete the listing of the appointed officials of the Academy.

In subsection (a)(9), the word "director" is substituted for the word "teacher" to conform to section 4338 of this title.

Amendments

1993-Subsec. (c). Pub. L. 103–160 struck out subsec. (c) which read as follows:

"(1) The Secretary of the Army may employ as many civilians as professors, instructors, and lecturers at the Academy as the Secretary considers necessary.

"(2) The compensation of persons employed under this subsection shall be as prescribed by the Secretary.

"(3) The Secretary may delegate the authority conferred by this subsection to any person in the Department of the Army to the extent the Secretary considers proper. Such delegation may be made with or without the authority to make successive redelegations."

1992-Subsec. (c). Pub. L. 102–484 added subsec. (c).

1980-Pub. L. 96–513 substituted "New York (hereinafter in this chapter referred to as the 'Academy')" for "New York, in this chapter called the 'Academy' ".

1978-Pub. L. 95–551 substituted "Establishment; Superintendent; faculty" for "Superintendent; faculty; adjutant; chaplain" in section catchline.

Subsec. (a). Pub. L. 95–551 substituted provision establishing in the Department of the Army a Military Academy located at West Point, New York, for instruction and preparation of cadets for military service and providing that the organization of the Academy be prescribed by the Secretary of the Army for provision describing the faculty of the Academy as consisting of a Superintendent, a Dean of the Academic Board, a Commandant of Cadets, two permanent professors in each of nine enumerated academic fields, one permanent professor in each of the fields of Law, Ordnance, and Physical education, a professor of Military Hygiene, an adjutant, a registrar, a chaplain, and a director of music.

Subsec. (b). Pub. L. 95–551 substituted provision describing the faculty of the Academy as consisting of a Superintendent, a Dean of the Academic Board, a Commandant of Cadets, twenty-two permanent professors, a chaplain, and a director of admissions for provision making an officer, upon becoming the senior commissioned officer of the Medical Corps on active duty at the Academy, the professor of Military Hygiene.

1958-Subsec. (a)(5). Pub. L. 85–723 authorized a permanent professor of physical education.

Subsec. (a)(8) to (10). Pub. L. 85–600 added par. (8) and redesignated existing pars. (8) and (9) as (9) and (10), respectively.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

Prohibition on Imposition of Additional Charges or Fees for Attendance at Certain Academies

Pub. L. 103–337, div. A, title V, §553, Oct. 5, 1994, 108 Stat. 2772 , provided that:

"(a) Prohibition.-Except as provided in subsection (b), no charge or fee for tuition, room, or board for attendance at an academy named in subsection (c) may be imposed unless the charge or fee is specifically authorized by a law enacted after the date of the enactment of this Act [Oct. 5, 1994].

"(b) Exception.-The prohibition specified in subsection (a) shall not apply with respect to any item or service provided to cadets or midshipmen at an academy named in subsection (c) for which a charge or fee is imposed as of the date of the enactment of this Act. The Secretary of Defense or the Secretary of Transportation, as the case shall be, shall notify Congress of any change made by an academy in the amount of a charge or fee authorized under this subsection.

"(c) Covered Academies.-This section applies to the following:

"(1) The United States Military Academy.

"(2) The United States Naval Academy.

"(3) The United States Air Force Academy.

"(4) The United States Coast Guard Academy.

"(5) The United States Merchant Marine Academy."

Test Program To Evaluate Use of Private Preparatory Schools for Service Academy Preparatory School Mission

Section 536 of Pub. L. 103–160 provided that:

"(a) Test Program.-The Secretary of Defense shall conduct a test program to determine the efficiency and cost effectiveness of using schools in the private sector as an alternative to the existing schools used for the mission of operating a military preparatory school program for one or more of the service academies. The Secretary shall carry out the test program through the Under Secretary of Defense for Personnel and Readiness.

"(b) Priority.-The test program shall be carried out so as to give priority to the goal of enhancing opportunities for minorities, women, and prior enlisted personnel to attend service academies.

"(c) Exclusion From Academy Strength Limitations.-Any individual who is admitted to one of the three service academies following completion of a program of instruction at a private sector preparatory school under the test program shall be excluded from the computation of the size of the corps of cadets or brigade of midshipmen, as the case may be, for purposes of strength ceilings imposed by law."

Colonel Thomas Hawkins Johnson Visiting Scholar Program and Lecture Series

Pub. L. 101–510, div. A, title XIV, §1466, Nov. 5, 1990, 104 Stat. 1700 , provided that:

"(a) Visiting Scholar Program.-(1) The Secretary of the Army shall establish a visiting scholar program at the United States Military Academy to be known as the 'Thomas Hawkins Johnson Visiting Scholar Program'. The Secretary shall select not more than two scholars to participate in the program for an academic year. A person selected to participate in the program shall serve as an instructor at the Academy for two weeks during the academic year and perform such duties as the Secretary may assign.

"(2) There is authorized to be appropriated to the Secretary of the Army $25,000 for each fiscal year to carry out this subsection.

"(b) Lecture Series.-(1) The Secretary of Defense shall establish a lecture series at the National Defense University to be known as the 'Thomas Hawkins Johnson Lecture Series'. The Secretary shall use the lecture series to bring prominent persons to the National Defense University to deliver lectures on topics relating to public policy, national security, and science.

"(2) There is authorized to be appropriated to the Secretary of Defense $25,000 for each fiscal year to carry out this subsection."