
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC4331]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                           PART III--TRAINING
 
               CHAPTER 403--UNITED STATES MILITARY ACADEMY
 
Sec. 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; Pub. L. 85-600, Sec. 1(8), Aug. 
6, 1958, 72 Stat. 522; Pub. L. 85-723, Aug. 21, 1958, 72 Stat. 711; Pub. 
L. 95-551, Sec. 1, Oct. 30, 1978, 92 Stat. 2069; Pub. L. 96-513, title 
V, Sec. 512(12), Dec. 12, 1980, 94 Stat. 2929; Pub. L. 102-484, div. A, 
title V, Sec. 523(a), Oct. 23, 1992, 106 Stat. 2409; Pub. L. 103-160, 
div. A, title V, Sec. 533(a)(3), Nov. 30, 1993, 107 Stat. 1658.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
4331(a)...............................  10:1061.                             R.
S. 1309; Feb. 18, 1896, ch. 22
                                        10:1071.                              (
less proviso), 29 Stat. 8.
                                        10:1077.                             Ju
ne 23, 1879, ch. 35, Sec.  4
                                        10:1077a.                             (
less last 30 words), 21 Stat. 34.
                                        10:1078a.                            Ju
ne 8, 1926, ch. 492 (1st par.,
                                        10:1087 (less proviso).               l
ess 1st proviso), 44 Stat. 703.
                                        10:1088.
                                        10:1089 (1st 20 words).
4331(b)...............................  10:1073.
                                        ...................................  Ap
r. 19, 1910, ch. 174 (1st and 2d
                                                                              p
rovisos under ``Permanent
                                                                              E
stablishment''), 36 Stat. 312;
                                                                              J
une 8, 1926, ch. 492 (1st proviso
                                                                              o
f 1st par.), 44 Stat. 703.
                                        ...................................  Ap
r. 19, 1910, ch. 174 (8th par.
                                                                              u
nder ``Permanent
                                                                              E
stablishment''), 36 Stat. 312.
                                        ...................................  Ma
y 26, 1934, ch. 353, 48 Stat.
                                                                              8
06.
                                        ...................................  Ju
ne 26, 1946, ch. 495, Secs.  1
                                                                              (
less proviso), 2, 3 (1st 20
                                                                              w
ords), 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, Sec. 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, Sec. 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 required Secretary of Defense to 
conduct test program to determine efficiency and cost effectiveness of 
using schools in private sector as alternative to existing schools used 
for mission of operating military preparatory school program for one or 
more of the service academies, prior to repeal by Pub. L. 104-106, div. 
A, title V, Sec. 534, Feb. 10, 1996, 110 Stat. 315.


  Colonel Thomas Hawkins Johnson Visiting Scholar Program and Lecture 
                                 Series

    Pub. L. 101-510, div. A, title XIV, Sec. 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.''
