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U.S. Code as of:
01/19/04
Section 4342. 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 4,000 or such higher number as may be prescribed
by the Secretary of the Army under subsection (j). Subject to that
limitation, cadets are selected as follows:
(1) 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 section 551(2) of title 37, and children of
civilian employees who are in "missing status" as defined in
section 5561(5) of title 5. 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) Three 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) Three cadets from Guam, nominated by the Delegate in
Congress from Guam.
(9) Two cadet (!1) from American Samoa, nominated by the
Delegate in Congress from American Samoa.
(10) One cadet from the Commonwealth of the Northern Mariana
Islands, nominated by the resident representative from the
commonwealth.
Each Senator, Representative, and Delegate in Congress, including
the Resident Commissioner from Puerto Rico, is entitled to nominate
10 persons for each vacancy that is available to him under this
section. 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.
(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) are serving as members of reserve components and are
credited with at least eight years of service computed under
section 12733 of this title; 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 clause (1)
of subsection (a) may not be selected under this clause.
(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) 150 selected by the Secretary of the Army in order of merit
(prescribed pursuant to section 4343 of this title) from
qualified alternates nominated by persons named in clauses (3)
and (4) 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 clauses
(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 clauses (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. However, no increase may be prescribed for any academic year
after the 2007-2008 academic year.
(2) 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 section 1105 of title 31 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.
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