10 U.S.C. § 7442 | Cadets: appointment; numbers, territorial distribution

(a)

The authorized strength of the Corps of Cadets of the Academy (determined for any year as of the day before the last day of the academic year) is 4,400 or such lower number as may be prescribed by the Secretary of the Army under subsection (j). Subject to that limitation, cadets are selected as follows:

(1)

section 551(2) of title 37 section 5561(5) of title 5 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 , and children of civilian employees who are in “missing status” as defined in . 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)

section 12733 of this title are serving as members of reserve components and are credited with at least eight years of service computed under ; 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)

¹section 7443 of this title 200  selected by the Secretary of the Army in order of merit (prescribed pursuant to ) 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)

section 1105 of title 31 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 for the fiscal year beginning in the same year as the year in which that academic year begins. Whenever the Secretary prescribes such an increase, the Secretary shall submit to Congress a notice in writing of the increase. The notice shall state the amount of the increase in the cadet strength limit and the new cadet strength limit, as so increased, and the amount of the increase in Senior Army Reserve Officers’ Training Corps enrollment under each of sections 2104 and 2107 of this title.

(3)

The amount of an increase under paragraph (1) in the cadet strength limit for an academic year may not exceed the increase (if any) for the preceding academic year in the total number of cadets enrolled in the Army Senior Reserve Officers’ Training Corps program under chapter 103 of this title who have entered into an agreement under section 2104 or 2107 of this title.

(4)

In this subsection, the term “cadet strength limit” means the authorized maximum strength of the Corps of Cadets of the Academy.

Aug. 10, 1956, ch. 1041 70A Stat. 240 Pub. L. 85–861, § 33(a)(26)Sept. 2, 195872 Stat. 1565 Pub. L. 87–663, § 1(1)Sept. 14, 196276 Stat. 547 Pub. L. 88–276, § 1(1)Mar. 3, 196478 Stat. 148 Pub. L. 89–650, § 1(1)Oct. 13, 196680 Stat. 896 Pub. L. 90–374July 5, 196882 Stat. 283 Pub. L. 90–623, § 2(8)Oct. 22, 196882 Stat. 1314 Pub. L. 91–405, title II, § 204(c)Sept. 22, 197084 Stat. 852 Pub. L. 92–365, § 1(1)Aug. 7, 197286 Stat. 505 Pub. L. 93–171, § 1(1)Nov. 29, 197387 Stat. 690 Pub. L. 94–106, title VIII, § 803(b)(1)Oct. 7, 197589 Stat. 538 Pub. L. 96–513, title V, § 512(13)Dec. 12, 198094 Stat. 2930 Pub. L. 96–600, § 2(a)Dec. 24, 198094 Stat. 3493 Pub. L. 97–60, title II, § 203(a)(1)Oct. 14, 198195 Stat. 1006 Pub. L. 98–94, title X, § 1005(a)(1)Sept. 24, 198397 Stat. 660 Pub. L. 101–189, div. A, title XVI, § 1621(a)(1)Nov. 29, 1989103 Stat. 1602 Pub. L. 101–510, div. A, title V, § 532(a)(1)Nov. 5, 1990104 Stat. 1563 Pub. L. 103–160, div. A, title V, § 531Nov. 30, 1993107 Stat. 1657 Pub. L. 103–337, div. A, title XVI, § 1672(c)(3)Oct. 5, 1994108 Stat. 3015 Pub. L. 104–106, div. A, title V, § 532(a)Feb. 10, 1996110 Stat. 314 Pub. L. 105–85, div. A, title X, § 1073(a)(62)Nov. 18, 1997111 Stat. 1903 Pub. L. 106–65, div. A, title V, § 531(b)(1)Oct. 5, 1999113 Stat. 602 Pub. L. 106–398, § 1 [[div. A]Oct. 30, 2000114 Stat. 1654 Pub. L. 107–314, div. A, title V, § 532(a)Dec. 2, 2002116 Stat. 2545 Pub. L. 108–136, div. A, title V, § 524(a)Nov. 24, 2003117 Stat. 1464 Pub. L. 109–364, div. A, title X, § 1071(a)(28)Oct. 17, 2006120 Stat. 2399 Pub. L. 110–181, div. A, title V, § 525Jan. 28, 2008122 Stat. 104 Pub. L. 110–229, title VII, § 718(a)May 8, 2008122 Stat. 869 Pub. L. 110–417Oct. 14, 2008122 Stat. 4454 Pub. L. 111–84, div. A, title V, § 527(a)Oct. 28, 2009123 Stat. 2288 Pub. L. 112–239, div. A, title X, § 1076(f)(38)Jan. 2, 2013126 Stat. 1954 Pub. L. 114–92, div. A, title V, § 556(a)Nov. 25, 2015129 Stat. 824 Pub. L. 114–328, div. A, title V, § 566(a)Dec. 23, 2016130 Stat. 2138 Pub. L. 115–232, div. A, title VIIIAug. 13, 2018132 Stat. 1839 Pub. L. 117–263, div. A, title V, § 552(a)Dec. 23, 2022136 Stat. 2592 Pub. L. 118–31, div. A, title VDec. 22, 2023137 Stat. 273 Pub. L. 119–60, div. A, title V, § 555(a)Dec. 18, 2025139 Stat. 878(, , § 4342; , , ; , (2), , ; , , ; –(4), , ; , , ; , , ; , , ; , , ; –(4), , ; , , ; , , ; , , ; , , ; , (b)(1), , ; , , ; , , ; , , ; , , ; , title XV, § 1502(a)(1), , , 502; , , ; , title X, § 1067(1), , , 774; , title V, § 531(a)], , , 1654A–109; , (f), , , 2547; , title X, § 1031(a)(53), , , 1603; , , ; , , ; , , ; , [div. A], title V, § 540(a), , ; , , ; , , ; , , ; , , ; renumbered § 7442 and amended , §§ 808(c)(1), 809(a), , , 1840; , , ; , §§ 561(a), 562(a), , , 274; , , .)

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.

Feb. 10, 1925In 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, ).

February 1, 1955Jan. 7, 1955section 745 of title 38In 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 ”. 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

Amendments

Pub. L. 119–602025—Subsec. (a). substituted “up to 14 ranked or unranked alternates” for “9 ranked or unranked alternates” in concluding provisions.

Pub. L. 118–31, § 561(a)(1)2023—Subsec. (a). , substituted “15 persons” for “10 persons” in concluding provisions.

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

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

Pub. L. 117–2632022—Subsec. (b)(5). substituted “paragraphs (3) through (10)” for “paragraphs (3) and (4)”.

Pub. L. 115–232, § 808(c)(1)section 4342 of this title2018—, renumbered as this section.

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

Pub. L. 114–3282016—Subsec. (a). 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.”

Pub. L. 114–92, § 556(a)(1)2015—Subsec. (a)(6). , substituted “Four” for “Three”.

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

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

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

Pub. L. 112–239, § 1076(f)(38)(A)(i)2013—Subsec. (b)(1). , substituted “paragraph” for “clause” in two places in concluding provisions.

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

Pub. L. 111–842009—Subsec. (a)(10). substituted “Two cadets” for “One cadet”.

Pub. L. 110–4172008—Subsec. (a). substituted “4,400 or such lower number” for “4,000 or such higher number” in introductory provisions.

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

Pub. L. 110–181Subsec. (j)(1). struck out last sentence which read as follows: “However, no increase may be prescribed for any academic year after the 2007–2008 academic year.”

Pub. L. 109–3642006—Subsec. (a)(9). substituted “cadets” for “cadet”.

Pub. L. 108–136, § 524(a)(1)2003—Subsec. (a)(6), (8). , substituted “Three” for “Two”.

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

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

Pub. L. 107–314, § 532(a)(1)2002—Subsec. (a). , 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)”.

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

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

Pub. L. 106–398, § 1 [[div. A]section 12731 of this title section 1331 of this title2000—Subsec. (b)(1)(B). , title V, § 531(a)(1)], struck out “, other than those granted retired pay under (or under as in effect before the effective date of the Reserve Officer Personnel Management Act)” after “retired or retainer pay”.

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

Pub. L. 106–65, § 531(b)(1)(A)1999—Subsec. (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.

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

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

Pub. L. 105–851997—Subsec. (a)(10). substituted “Mariana” for “Marianas”.

Pub. L. 104–106, § 532(a)1996—Subsec. (a)(10). , added par. (10).

Pub. L. 104–106, § 1502(a)(1)Subsec. (g). , 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”.

Pub. L. 103–337 section 12731 of this title section 1331 of this title section 1331 of this title1994—Subsec. (b)(1)(B). substituted “ (or under as in effect before the effective date of the Reserve Officer Personnel Management Act)” for “”.

Pub. L. 103–1601993—Subsec. (a). 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.”

Pub. L. 101–510, § 532(a)(1)(A)1990—Subsec. (a)(8) to (10). , 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.”

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

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

Pub. L. 101–1891989—Subsec. (a)(1). substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

Pub. L. 98–94, § 1005(b)(1)1983—Subsec. (a)(8). , 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”.

Pub. L. 98–94, § 1005(a)(1)Subsec. (a)(10). , 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”.

Pub. L. 97–60 section 4341a of this title1981—Subsec. (d). 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 .

Pub. L. 96–6001980—Subsec. (a)(6), (9). substituted “Two cadets” for “One cadet”.

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

Pub. L. 94–1061975—Subsecs. (a)(1), (8), (b)(1), (c). substituted “children” for “sons” wherever appearing.

Pub. L. 93–171, § 1(1)1973—Subsec. (a)(6). , 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”.

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

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

Pub. L. 93–171, § 1(4)Subsec. (f). , substituted “, (9) and (10) of subsection (a)” for “and (9) of subsection (a)” and struck out reference to Territory.

Pub. L. 92–3651972—Subsec. (a)(1). 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.

Pub. L. 91–4051970—Subsec. (a)(5). substituted “Delegate to the House of Representatives from the District of Columbia” for “Commissioner of that District”.

Pub. L. 90–3741968—Subsec. (a). 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.

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

Pub. L. 89–650, § 1(1)June 26, 1950Feb. 1, 19551966—Subsec. (a)(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 .

Pub. L. 89–650, § 1(2)Subsec. (a)(2). , provided for nominations to the Military Academy by the President pro tempore of the Senate if there is no Vice President.

Pub. L. 89–650, § 1(3)Subsec. (b)(1). , 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.

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

Pub. L. 88–2761964— 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.

Pub. L. 87–663, § 1(1)1962—Subsec. (a)(10). , added cl. (10).

Pub. L. 87–633, § 1(2)Subsec. (c). , inserted references to American Samoa, Guam, and the Virgin Islands, and substituted “clauses (1)–(5) and (10)” for “clauses (1)–(5).”

Pub. L. 85–8611958—Subsec. (c). 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)Dec. 22, 2023137 Stat. 274

section 347 of title 10“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 , United States Code) for classes entering such Service Academies beginning with the 2025-2026 academic year.”

, , , provided that:

Effective Date of 2018 Amendment

Pub. L. 115–232Feb. 1, 2019section 800 of Pub. L. 115–232 section 3001 of this titleAmendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .

Effective Date of 2016 Amendment

Pub. L. 114–328, div. A, title V, § 566(e)Dec. 23, 2016130 Stat. 2139

section 51302 of Title 46January 1, 2018“The amendments made by this section [amending this section, sections 6954 and 9342 of this title, and , 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 .”

, , , provided that:

Effective Date of 2015 Amendment

Pub. L. 114–92, div. A, title V, § 556(d)Nov. 25, 2015129 Stat. 825

Nov. 25, 2015“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 [].”

, , , provided that:

Effective Date of 2009 Amendment

Pub. L. 111–84, div. A, title V, § 527(d)Oct. 28, 2009123 Stat. 2288

Oct. 28, 2009“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 [].”

, , , provided that:

Effective Date of 2008 Amendment

Pub. L. 110–417Oct. 14, 2008122 Stat. 4454

“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.”

, [div. A], title V, § 540(d), , , provided that:

Effective Date of 2003 Amendment

Pub. L. 108–136, div. A, title V, § 524(d)Nov. 24, 2003117 Stat. 1465

Nov. 24, 2003“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 [].”

, , , provided that:

Effective Date of 1994 Amendment

Pub. L. 103–337Dec. 1, 1994section 1691 of Pub. L. 103–337 section 10001 of this titleAmendment by effective , except as otherwise provided, see , set out as an Effective Date note under .

Effective Date of 1981 Amendment

Pub. L. 97–60Oct. 14, 1981section 203(d) of Pub. L. 97–60 section 7441a of this titleAmendment by effective with respect to nominations for appointment to the first class admitted to each Academy after , see , set out as an Effective Date note under .

Effective Date of 1980 Amendments

Pub. L. 96–600, § 2(d)Dec. 24, 198094 Stat. 3493

Dec. 24, 1980“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 [].”

, , , provided that:

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

Effective Date of 1973 Amendment

Pub. L. 93–171, § 4Nov. 29, 197387 Stat. 691

“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.”

, , , provided that:

Effective Date of 1970 Amendment

Pub. L. 91–405Sept. 22, 1970section 206(b) of Pub. L. 91–405 section 25a of Title 2Amendment by effective , see , set out as an Effective Date note under , The Congress.

Effective Date of 1968 Amendment

Pub. L. 90–623Oct. 22, 1968section 6 of Pub. L. 90–623 section 5334 of Title 5Amendment by intended to restate without substantive change the law in effect on , see , set out as a note under , Government Organization and Employees.

Effective Date of 1958 Amendment

Pub. L. 85–861Aug. 10, 1956section 33(g) of Pub. L. 85–861 section 101 of this titleAmendment by effective , see , set out as a note under .

Information on Nominations and Applications for Military Service Academies

Pub. L. 116–283, div. A, title V, § 575Jan. 1, 2021134 Stat. 3645 Pub. L. 117–263, div. A, title V, § 556Dec. 23, 2022136 Stat. 2595 Pub. L. 118–159, div. A, title V, § 559ADec. 23, 2024138 Stat. 1900

“(a)

Nominations Portal.—

“(1)

In general .—

December 31, 2026Not 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)

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

, , , as amended by , , ; , , , provided that:

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)Oct. 7, 197589 Stat. 537

“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.”

, , , provided that:

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

Pub. L. 94–106, title VIII, § 803(c)Oct. 7, 197589 Stat. 538

Oct. 7, 1975“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 [].”

, , , provided that: