10 U.S.C. § 9455

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 9455 - Board of Visitors

(a) A Board of Visitors to the Academy is constituted annually. The Board consists of the following members:

(1) Six persons designated by the President.

(2) The chairman of the Committee on Armed Services of the House of Representatives, or his designee.

(3) Four persons designated by the Speaker of the House of Representatives, three of whom shall be members of the House of Representatives and the fourth of whom may not be a member of the House of Representatives.

(4) The chairman of the Committee on Armed Services of the Senate, or his designee.

(5) Three other members of the Senate designated by the Vice President or the President pro tempore of the Senate, two of whom are members of the Committee on Appropriations of the Senate.

(b)

(1) The persons designated by the President serve for three years each except that any member whose term of office has expired shall continue to serve until his successor is designated by the President. The President shall designate persons each year to succeed the members designated by the President whose terms expire that year.

(2) At least two of the members designated by the President shall be graduates of the Academy.

(c)

(1) If a member of the Board dies or resigns or is terminated as a member of the Board under paragraph (2), a successor shall be designated for the unexpired portion of the term by the official who designated the member.

(2)

(A) If a member of the Board fails to attend two successive Board meetings, except in a case in which an absence is approved in advance, for good cause, by the Board chairman, such failure shall be grounds for termination from membership on the Board. A person designated for membership on the Board shall be provided notice of the provisions of this paragraph at the time of such designation.

(B) Termination of membership on the Board under subparagraph (A)-

(i) in the case of a member of the Board who is not a member of Congress, may be made by the Board chairman; and

(ii) in the case of a member of the Board who is a member of Congress, may be made only by the official who designated the member.

(C) When a member of the Board is subject to termination from membership on the Board under subparagraph (A), the Board chairman shall notify the official who designated the member. Upon receipt of such a notification with respect to a member of the Board who is a member of Congress, the official who designated the member shall take such action as that official considers appropriate.

(d) The Board shall visit the Academy annually. With the approval of the Secretary of the Air Force, the Board or its members may make other visits to the Academy in connection with the duties of the Board or to consult with the Superintendent of the Academy. Board members shall have access to the Academy grounds and the cadets, faculty, staff, and other personnel of the Academy for the purposes of the duties of the Board.

(e)

(1) The Board shall inquire into the morale, discipline, and social climate, the curriculum, instruction, physical equipment, fiscal affairs, academic methods, and other matters relating to the Academy that the Board decides to consider.

(2) The Secretary of the Air Force and the Superintendent of the Academy shall provide the Board candid and complete disclosure, consistent with applicable laws concerning disclosure of information, with respect to institutional problems.

(3) The Board shall recommend appropriate action.

(f) The Board shall prepare a semiannual report containing its views and recommendations pertaining to the Academy, based on its meeting since the last such report and any other considerations it determines relevant. Each such report shall be submitted concurrently to the Secretary of Defense, through the Secretary of the Air Force, and to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.

(g) Upon approval by the Secretary, the Board may call in advisers for consultation.

(h) While performing duties as a member of the Board, each member of the Board and each adviser shall be reimbursed under Government travel regulations for travel expenses.

(i)

(1) A majority of the members of the Board may call an official meeting of the Board once per year.

(2) A member may attend such meeting-

(A) in person, at the Academy; or

(B) remotely, at the election of such member.

10 U.S.C. § 9455

Aug. 10, 1956, ch. 1041, 70A Stat. 567, §9355; Pub. L. 96-579, §13(c), Dec. 23, 1980, 94 Stat. 3369; Pub. L. 104-106, div. A, title X, §1061(e)(2), title XV, §1502(a)(12), Feb. 10, 1996, 110 Stat. 443, 503; Pub. L. 106-65, div. A, title X, §1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108-375, div. A, title V, §543, Oct. 28, 2004, 118 Stat. 1904; Pub. L. 109-364, div. A, title X, §1071(a)(39), Oct. 17, 2006, 120 Stat. 2400; renumbered §9455 and amended Pub. L. 115-232, div. A, title V, §593, title VIII, §806(a)(3), Aug. 13, 2018, 132 Stat. 1789, 1832; Pub. L. 117-81, div. A, title V, §§554(c), 555(c), Dec. 27, 2021, 135 Stat. 1738, 1739.

HISTORICAL AND REVISION NOTE
Revised section	Source (U.S. Code)	Source (Statutes at Large)
9355(a)9355(b)	10:1055.10:1056 (1st sentence).10:1056 (less 1st sentence).	June 29, 1948, ch. 714, §§1-6, 62 Stat. 1094; June 30, 1954, ch. 432, §732, 68 Stat. 356.
9355(c)	10:1057.
9355(d)	10:1058.
9355(e)	10:1059(a).
9355(f)	10:1059(b).
9355(g)	10:1059(c).
9355(h)	10:1060.

In subsections (a) and (b), the word "designated" is substituted for the word "appointed" to make it clear that the positions described are not constitutional offices. Subsection (b) is substituted for 10:1056(e) (less 1st sentence).In subsection (c), the words "during the term for which such member was appointed" and "Such successor shall be appointed *** who died or resigned" are omitted as surplusage. In subsection (g), the words "as it may deem necessary or advisable to effectuate the duties imposed upon it by the provisions of sections 1055-1060 of this title" are omitted as surplusage.In subsection (h), the words "called for consultation by the Board in connection with the business of the Board" are omitted as surplusage.

EDITORIAL NOTES

AMENDMENTS2021-Subsec. (b)(1). Pub. L. 117-81, §554(c), substituted "is designated by the President" for "is designated". Subsec. (i). Pub. L. 117-81, §555(c), added subsec. (i).2018- Pub. L. 115-232, §806(a)(3), renumbered section 9355 of this title as this section. Subsec. (d). Pub. L. 115-232, §593, added subsec. (d) and struck out former subsec. (d) which read as follows: "The Board should meet at least four times a year, with at least two of those meetings at the Academy. The Board or its members may make other visits to the Academy in connection with the duties of the Board. Board meetings should last at least one full day. Board members shall have access to the Academy grounds and the cadets, faculty, staff, and other personnel of the Academy for the purposes of the duties of the Board."2006-Subsec. (c)(1). Pub. L. 109-364 substituted "Board under paragraph (2)" for "board under paragraph (2)".2004- Pub. L. 108-375 amended section generally. Prior to amendment, section contained provisions relating to membership of Board of Visitors in subsec. (a), term of office in subsec. (b), designation of successor in subsec. (c), frequency of Academy visits in subsec. (d), scope of Board inquiries in subsec. (e), submission of reports in subsec. (f), calling in of advisers in subsec. (g), and reimbursement for travel in subsec. (h).1999-Subsec. (a)(3). Pub. L. 106-65 substituted "Committee on Armed Services" for "Committee on National Security".1996-Subsec. (a)(3). Pub. L. 104-106, §1502(a) (12), substituted "National Security" for "Armed Services".Subsec. (h). Pub. L. 104-106, §1061(e)(2), struck out "is entitled to not more than $5 a day and" after "each adviser".1980-Subsec. (b). Pub. L. 96-579 required member whose term of office had expired to continue service until appointment of a successor.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2018 AMENDMENT Amendment by section 806(a)(3) of Pub. L. 115-232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115-232, set out as a note preceding section 3001 of this title.