Revised Source (U.S. Code) Source (Statutes at section Large)

4331(a) 10:1061. R.S. 1309; Feb. 18, 1896, ch. 22 (less proviso), 29 Stat. 8. 4331(b) 10:1071. 10:1077. 10:1077a. 10:1078a. 10:1087 (less proviso). 10:1088. 10:1089 (1st 20 words). 10:1073. June 23, 1879, ch. 35, Sec. 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, Secs. 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The words "and one assistant professor", in 10:1061, are omitted as superseded by section 4333 of this title.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, 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.

SEXUAL HARASSMENT AND VIOLENCE AT THE MILITARY SERVICE ACADEMIES Pub. L. 108-136, div. A, title V, Sec. 526, Nov. 24, 2003, 117 Stat. 1466, provided that: "(a) Establishment. - The Secretary of Defense shall establish a Department of Defense task force to examine matters relating to sexual harassment and violence at the United States Military Academy and the United States Naval Academy. "(b) Recommendations. - Not later than 12 months after the date on which all members of the task force have been appointed, the task force shall submit to the Secretary of Defense a report recommending ways by which the Department of Defense and the Department of the Army and the Department of the Navy may more effectively address matters relating to sexual harassment and violence at the United States Military Academy and the United States Naval Academy, respectively.

The report shall include an assessment of, and recommendations (including any recommended changes in law) for measures to improve, with respect to sexual harassment and violence at those academies, the following: "(1) Victims' safety programs. "(2) Offender accountability. "(3) Effective prevention of sexual harassment and violence. "(4) Collaboration among military organizations with responsibility or jurisdiction with respect to sexual harassment and violence. "(5) Coordination between military and civilian communities, including local support organizations, with respect to sexual harassment and violence. "(6) Coordination between military and civilian communities, including civilian law enforcement relating to acts of sexual harassment and violence. "(7) Data collection and case management and tracking. "(8) Curricula and training, including standard training programs for cadets at the United States Military Academy and midshipmen at the United States Naval Academy and for permanent personnel assigned to those academies. "(9) Responses to sexual harassment and violence at those academies, including standard guidelines. "(10) Other issues identified by the task force relating to sexual harassment and violence at those academies. "(c) Methodology. - The task force shall consider the findings and recommendations of previous reviews and investigations of sexual harassment and violence conducted for those academies as one of the bases for its assessment. "(d) Report. - (1) The task force shall submit to the Secretary of Defense and the Secretaries of the Army and the Navy a report on the activities of the task force and on the activities of the United States Military Academy and the United States Naval Academy to respond to sexual harassment and violence at those academies. "(2) The report shall include the following: "(A) Any barriers to implementation of improvements as a result of those efforts. "(B) Other areas of concern not previously addressed in prior reports. "(C) The findings and conclusions of the task force. "(D) Any recommendations for changes to policy and law as the task force considers appropriate, including whether cases of sexual assault at those academies should be included in the Department of Defense database known as the Defense Incident-Based Reporting System. "(3) Within 90 days after receipt of the report under paragraph (1) the Secretary of Defense shall submit the report, together with the Secretary's evaluation of the report, to the Committees on Armed Services of the Senate and House of Representatives. "(e) Report on Air Force Academy. - Simultaneously with the submission of the report under subsection (d)(3), the Secretary of Defense, in coordination with the Secretary of the Air Force, shall submit to the committees specified in that subsection the Secretary's assessment of the effectiveness of corrective actions being taken at the United States Air Force Academy as a result of various investigations conducted at that Academy into matters involving sexual assault and harassment. "(f) Composition. - (1) The task force shall consist of not more than 14 members, to be appointed by the Secretary of Defense.

Members shall be appointed from each of the Army, Navy, Air Force, and Marine Corps, and shall include an equal number of personnel of the Department of Defense (military and civilian) and persons from outside the Department of Defense.

Members appointed from outside the Department of Defense may be appointed from other Federal departments and agencies, from State and local agencies, or from the private sector. "(2) The Secretary shall ensure that the membership of the task force appointed from the Department of Defense includes at least one judge advocate. "(3) In appointing members to the task force, the Secretary may - "(A) consult with the Attorney General regarding a representative from the Office of Violence Against Women of the Department of Justice; and "(B) consult with the Secretary of Health and Human Services regarding a representative from the Women's Health office of the Department of Health and Human Services. "(4) Each member of the task force appointed from outside the Department of Defense shall be an individual who has demonstrated expertise in the area of sexual harassment and violence or shall be appointed from one of the following: "(A) A representative from the Office of Civil Rights of the Department of Education. "(B) A representative from the Centers for Disease Control and Prevention of the Department of Health and Human Services. "(C) A sexual assault policy and advocacy organization. "(D) A civilian law enforcement agency. "(E) A judicial policy organization. "(F) A national crime victim policy organization. "(5) The members of the task force shall be appointed not later than 120 days after the date of the enactment of this Act [Nov. 24, 2003]. "(g) Co-Chairs of the Task Force. - There shall be two co-chairs of the task force.

One of the co-chairs shall be designated by the Secretary of the Defense at the time of appointment from among the Department of Defense personnel on the task force.

The other co-chair shall be selected from among the members appointed from outside the Department of Defense by those members. "(h) Administrative Support. - (1) Each member of the task force who is a member of the Armed Forces or a civilian officer or employee of the United States shall serve without compensation (other than compensation to which entitled as a member of the Armed Forces or an officer or employee of the United States, as the case may be). Other members of the task force shall be appointed in accordance with, and subject to, section 3161 of title 5, United States Code. "(2) The Deputy Under Secretary of Defense for Personnel and Readiness, under the direction of the Under Secretary of Defense for Personnel and Readiness, shall provide oversight of the task force.

The Washington Headquarters Services of the Department of Defense shall provide the task force with personnel, facilities, and other administrative support as necessary for the performance of the task force's duties. "(3) The Deputy Under Secretary shall coordinate with the Secretary of the Army to provide visits of the task force to the United States Military Academy and with the Secretary of the Navy to provide visits of the task force to the United States Naval Academy. "(i) Termination. - The task force shall terminate 90 days after the date on which the report of the task force is submitted to the Committees on Armed Services of the Senate and House of Representatives pursuant to subsection (d)(3)." Pub. L. 108-136, div. A, title V, Sec. 527, Nov. 24, 2003, 117 Stat. 1468, provided that: "(a) Policy on Sexual Harassment and Violence. - (1) Under guidance prescribed by the Secretary of Defense - "(A) the Secretary of the Army shall direct the Superintendent of the United States Military Academy to prescribe a policy on sexual harassment and violence applicable to the personnel of the United States Military Academy; "(B) the Secretary of the Navy shall direct the Superintendent of the United States Naval Academy to prescribe a policy on sexual harassment and violence applicable to the personnel of the United States Naval Academy; and "(C) the Secretary of the Air Force shall direct the Superintendent of the United States Air Force Academy to prescribe a policy on sexual harassment and violence applicable to the personnel of the United States Air Force Academy. "(2) The policy on sexual harassment and violence prescribed for an academy under paragraph (1) shall specify the following: "(A) Programs to promote awareness of the incidence of rape, acquaintance rape, and other sexual offenses of a criminal nature that involve academy personnel. "(B) Procedures that a cadet or midshipman should follow in the case of an occurrence of sexual harassment or violence, including - "(i) a specification of the person or persons to whom the alleged offense should be reported; "(ii) a specification of any other person whom the victim should contact; and "(iii) procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault. "(C) Procedures for disciplinary action in cases of alleged criminal sexual assault involving academy personnel. "(D) Any other sanction authorized to be imposed in a substantiated case of harassment or violence involving academy personnel in rape, acquaintance rape, or any other criminal sexual offense, whether forcible or nonforcible. "(E) Required training on the policy for all academy personnel, including the specific training required for personnel who process allegations of sexual harassment or violence involving academy personnel. "(3) In prescribing the policy on sexual harassment and violence for an academy under paragraph (1), the Superintendent of that academy shall take into consideration - "(A) the findings, conclusions, and recommendations of the panel established pursuant to title V of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 609) to review sexual misconduct allegations at the United States Air Force Academy; and "(B) the findings, conclusions, and recommendations of other previous reviews and investigations of sexual harassment and violence conducted with respect to one or more of the academies covered by paragraph (1). "(4) The policy for each such academy required by paragraph (1) shall be prescribed not later than June 1, 2004. "(b) Annual Assessment. - (1) The Secretary of Defense, through the Secretaries of the military departments, shall direct each Superintendent to conduct at the academy under the jurisdiction of that Superintendent an assessment during each academy program year to determine the effectiveness of the academy's policies, training, and procedures on sexual harassment and violence to prevent criminal sexual harassment and violence involving academy personnel. "(2) For the assessment for each of the 2004, 2005, 2006, 2007, and 2008 academy program years, the Superintendent shall conduct a survey of all academy personnel - "(A) to measure - "(i) the incidence, during that program year, of sexual harassment and violence events, on or off the academy reservation, that have been reported to officials of the academy; and "(ii) the incidence, in that program year, of sexual harassment and violence events, on or off the academy reservation, that have not been reported to officials of the academy; and "(B) to assess the perceptions of academy personnel on - "(i) the policies, training, and procedures on sexual harassment and violence involving academy personnel; "(ii) the enforcement of such policies; "(iii) the incidence of sexual harassment and violence involving academy personnel in such program year; and "(iv) any other issues relating to sexual harassment and violence involving academy personnel. "(c) Annual Report. - (1) The Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force shall direct the Superintendent of the United States Military Academy, the Superintendent of the United States Naval Academy, and the Superintendent of the United States Air Force Academy, respectively, to submit to the Secretary a report on sexual harassment and violence involving academy personnel for each of the 2004, 2005, 2006, 2007, and 2008 academy program years. "(2) The annual report for an academy under paragraph (1) shall contain, for the academy program year covered by the report, the following matters: "(A) The number of sexual assaults, rapes, and other sexual offenses involving academy personnel that have been reported to academy officials during the program year, and the number of the reported cases that have been substantiated. "(B) The policies, procedures, and processes implemented by the Secretary of the military department concerned and the leadership of the academy in response to sexual harassment and violence involving academy personnel during the program year. "(C) In the report for the 2004 academy program year, a discussion of the survey conducted under subsection (b), together with an analysis of the results of the survey and a discussion of any initiatives undertaken on the basis of such results and analysis. "(D) In the report for each of the subsequent academy program years, the results of the annual survey conducted in such program year under subsection (b). "(E) A plan for the actions that are to be taken in the following academy program year regarding prevention of and response to sexual harassment and violence involving academy personnel. "(3) The Secretary of a military department shall transmit the annual report on an academy under this subsection, together with the Secretary's comments on the report, to the Secretary of Defense and the Board of Visitors of the academy. "(4) The Secretary of Defense shall transmit the annual report on each academy under this subsection, together with the Secretary's comments on the report to, the Committees on Armed Services of the Senate and the House of Representatives. "(5) The report for the 2004 academy program year for an academy shall be submitted to the Secretary of the military department concerned not later than one year after the date of the enactment of this Act [Nov. 24, 2003]. "(6) In this subsection, the term 'academy program year' with respect to a year, means the academy program year that ends in that year." 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, as amended by Pub. L. 107-314, div. A, title X, Sec. 1041(b), Dec. 2, 2002, 116 Stat. 2646, 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. "(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." [For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.] 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."