10 U.S.C. § 7431: Establishment; Superintendent; faculty

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. A Superintendent. A Dean of the Academic Board, who is a permanent professor. A Commandant of Cadets. Twenty-eight permanent professors. A chaplain. A director of admissions. The Secretary of Defense shall ensure that the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy do not permit a person enrolled at such an Academy whose sex is male to participate in an athletic program or activity that is designated for women or girls. Nothing in this section shall be construed to prohibit the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy from permitting males to train or practice with an athletic program or activity that is designated for women or girls so long as no female is deprived of a roster spot on a team or sport, opportunity to participate in a practice or competition, scholarship, admission to an educational institution, or any other benefit that accompanies participating in the athletic program or activity. the term ‘athletic programs and activities’ includes all programs or activities that are provided conditional upon participation with any athletic team; and the term ‘sex’ means a person’s reproductive biology and genetics at birth.” Not later than one year after the date of the enactment of this Act [ Dec. 27, 2021 ], the Secretary of Defense, after consultation with the Secretaries of the military departments and the Superintendent of each military service academy, shall prescribe regulations that include the option to preserve parental guardianship rights of a cadet or midshipman who becomes pregnant or fathers a child while attending a military service academy, consistent with the individual and academic responsibilities of such cadet or midshipman. Not later than May 1, 2022 , the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives an interim briefing on the development of the regulations prescribed under subsection (a). Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on any legislation the Secretary determines necessary to implement the regulations prescribed under subsection (a). Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a final briefing on the regulations prescribed under subsection (a). Nothing in this section shall be construed to change, or require a change to, any admission requirement at a military service academy. The United States Military Academy. The United States Naval Academy. The United States Air Force Academy.” Not later than 180 days after the date of the enactment of this Act [ Dec. 23, 2024 ], the Secretary of Defense shall establish a system whereby a covered individual may elect to have the Secretary share information regarding such covered individual with a senior military college or a unit of the Senior Reserve Officer Training Corps. The term ‘covered individual’ means an individual who applied for an appointment as a cadet or midshipman at a Service Academy. The term ‘senior military college’ means a school specified in section 2111a of title 10 , United States Code. The term ‘Service Academy’ has the meaning given such term in section 347 of title 10 , United States Code.” The Secretary of Defense shall establish a pilot program to furnish mandatory electrocardiograms to individuals who have been admitted to a covered military service academy in connection with the military accession screening process, at no cost to such candidates. The scope of the pilot program under subsection (a) shall include at least 25 percent of the incoming class of individuals who have been admitted to a covered military service academy during the first fall semester that follows the date of the enactment of this Act [ Dec. 27, 2021 ], and the pilot program shall terminate on the date on which the Secretary determines the military accession screening process for such class has concluded. In carrying out the pilot program under subsection (a), the Secretary shall furnish each mandatory electrocardiogram under the pilot program in a facility of the Department of Defense or by medical personnel within the military health system. The results of all electrocardiograms furnished to individuals under the pilot program, disaggregated by military service academy, race, and gender. The rate of significant cardiac issues detected pursuant to electrocardiograms furnished under the pilot program, disaggregated by military service academy, race, and gender. The cost of carrying out the pilot program. The number of individuals, if any, who were disqualified from admission based solely on the result of an electrocardiogram furnished under the pilot program. In this section, the term ‘covered military service academy’ does not include the United States Coast Guard Academy or the United States Merchant Marine Academy.” The Superintendent of a military service academy shall provide testing for speech disorders to incoming cadets or midshipmen under the jurisdiction of that Superintendent. The testing under subsection (a) may not have any effect on admission to a military service academy. The Superintendent shall provide each cadet or midshipman under the jurisdiction of that Superintendent the result of the testing under subsection (a) and a list of warfare unrestricted line officer positions and occupation specialities that require successful performance on the speech test. The Superintendent shall furnish speech therapy to a cadet or midshipman under the jurisdiction of that Superintendent at the election of the cadet or midshipman. The number of cadets or midshipmen with an identified speech disorder in each military service academy. A list of the health care and administrative resources related to speech disorders available to cadets and midshipmen described in paragraph (1). A list of positions and specialties described in subsection (c) pursued by the cadets and midshipmen described in paragraph (1) at the time of graduation.” The superintendent of a service academy may have in effect such policy as the superintendent considers appropriate with respect to the offering of a voluntary, nondenominational prayer at an otherwise authorized activity of the academy, subject to the United States Constitution and such limitations as the Secretary of Defense may prescribe. The United States Military Academy. The United States Naval Academy. The United States Air Force Academy.” The task force in the Department of Defense established by the Secretary of Defense pursuant to section 526 of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 117 Stat. 1466 ) [set out below] to examine matters relating to sexual harassment and violence at the United States Military Academy and United States Naval Academy shall continue in existence for a period of at least 18 months after the date as of which the task force would otherwise be terminated pursuant to subsection (i) of that section. Upon the completion of the functions of the task force referred to in paragraph (1) pursuant to section 526 of the National Defense Authorization Act for Fiscal Year 2004, the name of the task force shall be changed to the Defense Task Force on Sexual Assault in the Military Services, and the task force shall then carry out the functions specified in this section. The task force shall not begin to carry out the functions specified in this section until it has completed its functions under such section 526. any change initiated by the Secretary in the membership of the task force under this paragraph may not take effect before the task force has completed its functions under section 526 of Public Law 108–136 ; and the total number of members of the task force may not exceed 14. The task force shall conduct an examination of matters relating to sexual assault in cases in which members of the Armed Forces are either victims or commit acts of sexual assault. Victim care and advocacy programs. Effective prevention. Collaboration among military investigative organizations with responsibility or jurisdiction. Coordination and resource sharing between military and civilian communities, including local support organizations. Reporting procedures, data collection, tracking of cases, and use of data on sexual assault by senior military and civilian leaders. Oversight of sexual assault programs, including development of measures of the effectiveness of those programs in responding to victim needs. Military justice issues. Progress in developing means to investigate and prosecute assailants who are foreign nationals. Adequacy of resources supporting sexual assault prevention and victim advocacy programs, particularly for deployed units and personnel. Training of military and civilian personnel responsible for implementation of sexual assault policies. Programs and policies, including those related to confidentiality, designed to encourage victims to seek services and report offenses. Other issues identified by the task force relating to sexual assault. In carrying out its examination under subsection (b) and in formulating its recommendations under subsection (c), the task force shall consider the findings and recommendations of previous reviews and investigations of sexual assault conducted by the Department of Defense and the Armed Forces. Not later than December 1, 2009 , the task force shall submit to the Secretary of Defense and the Secretaries of the Army, Navy, and Air Force a report on the activities of the task force and on the activities of the Department of Defense and the Armed Forces to respond to sexual assault. A description of any barrier to implementation of improvements as a result of previous efforts to address sexual assault. Other areas of concern not previously addressed in prior reports. The findings and conclusions of the task force. Any recommendations for changes to policy and law that the task force considers appropriate. 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. 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 (e)(3).” 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. Victims’ safety programs. Offender accountability. Effective prevention of sexual harassment and violence. Collaboration among military organizations with responsibility or jurisdiction with respect to sexual harassment and violence. Coordination between military and civilian communities, including local support organizations, with respect to sexual harassment and violence. Coordination between military and civilian communities, including civilian law enforcement relating to acts of sexual harassment and violence. Data collection and case management and tracking. 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. Responses to sexual harassment and violence at those academies, including standard guidelines. Other issues identified by the task force relating to sexual harassment and violence at those academies. 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. 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. Any barriers to implementation of improvements as a result of those efforts. Other areas of concern not previously addressed in prior reports. The findings and conclusions of the task force. 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. 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. 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. 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. The Secretary shall ensure that the membership of the task force appointed from the Department of Defense includes at least one judge advocate. consult with the Attorney General regarding a representative from the Office of Violence Against Women of the Department of Justice; and 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. A representative from the Office of Civil Rights of the Department of Education. A representative from the Centers for Disease Control and Prevention of the Department of Health and Human Services. A sexual assault policy and advocacy organization. A civilian law enforcement agency. A judicial policy organization. A national crime victim policy organization. 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 ]. 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. 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. 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. 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. 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).” 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. There is authorized to be appropriated to the Secretary of the Army $25,000 for each fiscal year to carry out this subsection. 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. There is authorized to be appropriated to the Secretary of Defense $25,000 for each fiscal year to carry out this subsection.”