119th CONGRESS

1st Session

H. R. 5046

1. Short title
2. Service academies; appointments and additional appointees; prohibition on consideration of race, sex, color, ethnicity, national origin, and religion

1. Short title

This Act may be cited as the "Restoring Merit in the Military Service Academies Act".

2. Service academies; appointments and additional appointees; prohibition on consideration of race, sex, color, ethnicity, national origin, and religion

(a) United states military academy -

(1) Appointments - Section 7442 of title 10, United States Code, is amended—

(A) - in subsection (a)—

(i) - by striking "subsection (j)" and inserting "subsection (k)";

(ii) - in paragraph (1), by striking "as established by competitive examinations" and inserting "as determined by candidate composite score rank"; and

(iii) - in the matter following paragraph (10)—

(I) - in the second sentence—

(aa) - by inserting "(in which event selection shall be in order of merit as determined by candidate composite score rank)" after "may be submitted without ranking"; and

(bb) - by striking "9 ranked" and inserting "14 ranked";

(II) - by inserting after the second sentence the following: "If alternates are submitted unranked, any selection from among such unranked alternates shall be in order of merit as determined by candidate composite score rank."; and

(III) - by striking "shall be considered qualified alternates for the purpose of selection under other provisions of this chapter" and inserting "shall be eligible and considered for selection under other provisions of this chapter, including as qualified alternates and additional appointees";

(B) - by redesignating subsections (b) through (j) as subsections (c) through (k), respectively;

(b) - There shall be appointed each year at the Academy 300 qualified alternates selected in order of merit as determined by candidate composite score rank by the Secretary of the Army from qualified candidates nominated pursuant to paragraphs (3) through (10) of subsection (a) and all other qualified, non-selected candidates holding nominations from any other source pursuant to this chapter.

(D) - in subsection (c), as redesignated by subparagraph (B)—

(i) - in paragraph (1), by striking "one hundred selected by the President" and inserting "up to one hundred qualified candidates selected by the President in order of merit as determined by candidate composite score rank";

(ii) - in paragraph (2)—

(I) - by striking "85" and inserting "up to 85 qualified candidates"; and

(II) - by inserting ", selected in order of merit as determined by candidate composite score rank" before the period at the end;

(iii) - in paragraph (3)—

(I) - by striking "85" and inserting "up to 85 qualified candidates"; and

(II) - by inserting ", selected in order of merit as determined by candidate composite score rank" before the period at the end;

(iv) - in paragraph (4)—

(I) - by striking "20" and inserting "up to 20 qualified candidates"; and

(II) - by inserting ", selected in order of merit as determined by candidate composite score rank" before the period at the end; and

(v) - by striking paragraph (5);

(E) - in subsection (f), as redesignated by subparagraph (B), by striking "subsection (b)" and inserting "subsection (c)";

(F) - in subsection (h), as so redesignated—

(i) - by striking "subsection (b)" each place it appears and inserting "subsection (c)"; and

(ii) - in paragraph (4), by striking "subsection (e)" and inserting "subsection (f)"; and

(G) - by adding at the end the following new subsections:

(l) - Qualifications of candidates for admission shall be determined by use of, among other metrics, a candidate composite score uniformly calculated for each applicant. The academic component of such composite score shall be weighted at not less than 60 percent of the overall composite score and shall include the candidate’s standardized test scores, which shall be weighted at not less than 45 percent of the overall composite score. The total of all subjective components, if any, of the composite score shall be weighted at not more than 10 percent of the overall composite score. Any subjectively based adjustment of the candidate composite score shall be limited to not more than 10 percent of the score before such adjustment. Candidates’ composite scores, only, shall be used to determine order of merit.

(m) - Not later than October 1 of each year, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report, including—

(1) - with respect to the preceding admissions cycle—

(A) - the established minimum candidate composite score and college entrance examination rank (CEER) score used in such cycle; and

(B) - the total number of waivers of such minimum candidate composite score or CEER score, including the candidate composite score and CEER score of each cadet to whom a waiver relates, a brief explanation of the reasons for such waiver, and the category of appointment under which each such cadet was appointed (and if congressional, the type of slate that nominated the waived appointee); and

(2) - for each cadet who, during the four-year period preceding the date of the report, received a waiver for the established minimum candidate composite score or CEER score, the status of each such cadet, including whether the cadet is still at the Academy, the circumstances of such cadet’s departure (if applicable), the cumulative academic GPA, cumulative military GPA, any major conduct or honor violations, any remedial measures undertaken, and any other noteworthy information concerning such cadet.

(n) - The race, sex, color, ethnicity, national origin, or religion of an applicant may not be considered in a determination whether to admit such applicant to the Academy.

(2) Additional appointees - Section 7443 of title 10, United States Code, is amended—

(A) - in the section heading, by striking "appointment" and inserting "additional appointments";

(B) - in the first sentence—

(i) - by inserting "(a)" before "If it is determined"; and

(ii) - by striking "who competed for nomination" and inserting "who were eligible and competed unsuccessfully for nomination under any other provision of law";

(i) - by striking "(8)" and inserting "(10)"; and

(ii) - by striking "holding competitive nominations" and inserting "who were eligible and competed unsuccessfully for nomination"; and

(D) - by adding at the end the following: "All provisions relating to candidate composite score in section 7442 of this title shall apply to calculation and use of candidate composite score as that term is used in this section."

(b) - Not later than October 1 of each year, the Secretary of the Army shall submit to the congressional defense committees a report that includes, with respect to the preceding admissions cycle—

(1) - the candidate composite scores and college entrance examination rank (CEER) scores of the ten candidates appointed under this section and under section 7442(e) of this title who had the lowest candidate composite scores;

(2) - the total number of qualified and nominated (by any source), but not selected, candidates; and

(3) - the candidate composite scores and CEER scores of the ten qualified and nominated candidates having the highest candidate composite scores and who were not selected for appointment.

(b) United states naval academy -

(1) Appointments - Section 8454 of title 10, United States Code, is amended—

(A) - in subsection (a)—

(i) - by striking "subsection (h)" and inserting "subsection (i)";

(ii) - in paragraph (1), by striking "as established by competitive examination" and inserting "as determined by candidate composite score rank"; and

(iii) - in the matter following paragraph (10)—

(I) - in the second sentence—

(aa) - by inserting "(in which event selection shall be in order of merit as determined by candidate composite score rank)" after "may be submitted without ranking"; and

(bb) - by striking "9 ranked" and inserting "14 ranked";

(B) - by redesignating subsections (b) through (h) as subsections (c) through (i), respectively;

(b) - There shall be appointed each year at the Academy 300 qualified alternates selected in order of merit as determined by candidate composite score rank by the Secretary of the Navy from qualified candidates nominated pursuant to paragraphs (3) through (10) of subsection (a) and all other qualified, non-selected candidates holding nominations from any other source pursuant to this chapter.

(D) - in subsection (c), as redesignated by subparagraph (B)—

(ii) - in paragraph (2)—

(I) - by striking "85" and inserting "up to 85 qualified candidates"; and

(II) - by inserting ", selected in order of merit as determined by candidate composite score rank" before the period at the end;

(iii) - in paragraph (3)—

(I) - by striking "85" and inserting "up to 85 qualified candidates"; and

(II) - by inserting ", selected in order of merit as determined by candidate composite score rank" before the period at the end;

(iv) - in paragraph (4)—

(I) - by striking "20" and inserting "up to 20 qualified candidates"; and

(II) - by inserting ", selected in order of merit as determined by candidate composite score rank" before the period at the end; and

(v) - by striking paragraph (5);

(E) - in subsection (f), as redesignated by subparagraph (B), by striking "subsection (b)" both places it appears and inserting "subsection (c)"; and

(F) - by adding at the end the following new subsections:

(j) - Qualifications of candidates for admission shall be determined by use of, among other metrics, a candidate composite score uniformly calculated for each applicant. The academic component of such composite score shall be weighted at not less than 60 percent of the overall composite score and shall include the candidate’s standardized test scores, which shall be weighted at not less than 45 percent of the overall composite score. The total of all subjective components, if any, of the composite score shall be weighted at not more than 10 percent of the overall composite score. Any subjectively based adjustment of the candidate composite score shall be limited to not more than 10 percent of the score before such adjustment. Candidates’ composite scores, only, shall be used to determine order of merit.

(k) - Not later than October 1 of each year, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report, including—

(1) - with respect to the preceding admissions cycle—

(A) - the established minimum candidate composite score and college entrance examination rank (CEER) score used in such cycle; and

(B) - the total number of waivers of such minimum candidate composite score or CEER score, including the candidate composite score and CEER score of each midshipman to whom a waiver relates, a brief explanation of the reasons for such waiver, and the category of appointment under which each such midshipman was appointed (and if congressional, the type of slate that nominated the waived appointee); and

(2) - for each midshipman who, during the four-year period preceding the date of the report, received a waiver for the established minimum candidate composite score or CEER score, the status of each such midshipman, including whether the midshipman is still at the Academy, the circumstances of such midshipman’s departure (if applicable), the cumulative academic GPA, cumulative military GPA, any major conduct or honor violations, any remedial measures undertaken, and any other noteworthy information concerning such midshipman.

(l) - The race, sex, color, ethnicity, national origin, or religion of an applicant may not be considered in a determination whether to admit such applicant to the Academy.

(2) Additional appointees - Section 8456 of title 10, United States Code, is amended—

(A) - in the section heading, by inserting ", additional appointments" after "Midshipmen"; and

(B) - in subsection (b)—

(i) - in the first sentence, by striking "who competed for nomination" and inserting "who were eligible and competed unsuccessfully for nomination under any other provision of law";

(ii) - in the second sentence—

(I) - by striking "(8)" and inserting "(10)"; and

(II) - by striking "who competed for appointment" and inserting "who were eligible and competed unsuccessfully for nomination"; and

(iii) - by adding at the end the following:

(d) - Not later than October 1 of each year, the Secretary of the Navy shall submit to the congressional defense committees a report that includes, with respect to the preceding admissions cycle—

(1) - the candidate composite scores and college entrance examination rank (CEER) scores of the ten candidates appointed under this section and under section 8454(e) of this title who had the lowest candidate composite scores;

(2) - the total number of qualified and nominated (by any source), but not selected, candidates; and

(3) - the candidate composite scores and CEER scores of the ten qualified and nominated candidates having the highest candidate composite scores and who were not selected for appointment.

(1) Appointments - Section 9442 of title 10, United States Code, is amended—

(A) - in subsection (a)—

(i) - by striking "subsection (j)" and inserting "subsection (k)";

(ii) - in paragraph (1), by striking "as established by competitive examination" and inserting "as determined by candidate composite score rank"; and

(iii) - in the matter following paragraph (10)—

(I) - in the second sentence—

(aa) - by inserting "(in which event selection shall be in order of merit as determined by candidate composite score rank)" after "may be submitted without ranking"; and

(bb) - by striking "9 ranked" and inserting "14 ranked";

(B) - by redesignating subsections (b) through (j) as subsections (c) through (k), respectively;

(b) - There shall be appointed each year at the Academy 300 qualified alternates selected in order of merit as determined by candidate composite score rank by the Secretary of the Air Force from qualified candidates nominated pursuant to paragraphs (3) through (10) of subsection (a) and all other qualified, non-selected candidates holding nominations from any other source pursuant to this chapter.

(D) - in subsection (c), as redesignated by subparagraph (B)—

(ii) - in paragraph (2)—

(I) - by striking "85" and inserting "up to 85 qualified candidates"; and

(II) - by inserting ", selected in order of merit as determined by candidate composite score rank" before the period at the end;

(iii) - in paragraph (3)—

(I) - by striking "85" and inserting "up to 85 qualified candidates"; and

(II) - by inserting ", selected in order of merit as determined by candidate composite score rank" before the period at the end;

(iv) - in paragraph (4)—

(I) - by striking "20" and inserting "up to 20 qualified candidates"; and

(II) - by inserting ", selected in order of merit as determined by candidate composite score rank" before the period at the end; and

(v) - by striking paragraph (5);

(E) - in subsection (f), as redesignated by subparagraph (B), by striking "subsection (b)" and inserting "subsection (c)";

(F) - in subsection (h), as so redesignated—

(i) - in paragraph (2), by striking "subsection (b)" each place it appears and inserting "subsection (c)";

(ii) - in paragraph (3)—

(I) - by striking "subsection (b)(5)" and insert "subsection (b)";

(II) - in subparagraphs (A) through (C), by striking "subsection (b)" each place it appears and inserting "subsection (c)"; and

(iii) - in paragraph (4), by striking "subsection (e)" and inserting "subsection (f)"; and

(G) - by adding at the end the following new subsections:

(m) - Not later than October 1 of each year, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report, including—

(1) - with respect to the preceding admissions cycle—

(A) - the established minimum candidate composite score and college entrance examination rank (CEER) score used in such cycle; and

(n) - The race, sex, color, ethnicity, national origin, or religion of an applicant may not be considered in a determination whether to admit such applicant to the Academy.

(2) Additional appointees - Section 9443 of title 10, United States Code, is amended—

(A) - in the section heading, by striking "appointment" and inserting "additional appointments";

(B) - in the first sentence—

(i) - by inserting "(a)" before "If it is determined"; and

(ii) - by striking "who competed for nomination" and inserting "who were eligible and competed unsuccessfully for nomination under any other provision of law";

(i) - by striking "(8)" and inserting "(10)"; and

(ii) - by striking "holding competitive nominations" and inserting "who were eligible and competed unsuccessfully for nomination"; and

(D) - by adding at the end the following:

(b) - Not later than October 1 of each year, the Secretary of the Air Force shall submit to the congressional defense committees a report that includes, with respect to the preceding admissions cycle—

(1) - the candidate composite scores and college entrance examination rank (CEER) scores of the ten candidates appointed under this section and under section 9442(e) of this title who had the lowest candidate composite scores;

(2) - the total number of qualified and nominated (by any source), but not selected, candidates; and

(3) - the candidate composite scores and CEER scores of the ten qualified and nominated candidates having the highest candidate composite scores and who were not selected for appointment.

119-HR5046

Restoring Merit in the Military Service Academies Act

119th CONGRESS

1st Session

H. R. 5046

1. Short title

2. Service academies; appointments and additional appointees; prohibition on consideration of race, sex, color, ethnicity, national origin, and religion