Here is an excerpt from a report in which Norwich addresses changes in the Title 10.
A note on SMCs and commissioning: A SMC cadet is not guaranteed a commission in the United States Air Force, United States Navy or United States Marine Corps simply on the merit of graduating from an SMC. However, 10 USC 2111a(e) does guarantee that every graduate of an SMC who is medically and physically qualified and is recommended by the professor of Military Science can be commissioned in the United States Army. The law clearly states “can be” and not “must be.” The secretary of the U.S. Army is allowed to adjust ascension numbers based on federally mandated caps on personnel end strength. Therefore, there are no guarantees for a commission in any of the ROTC programs at Norwich. However, Norwich does continue to produce outstanding leaders every year for each service represented on campus.
There is not much in Title 10 that is left up to "Intent" The statute clearly states that a cadet in Army ROTC can earn a commission into AD with the recommendation of the PMS. Nowhere does it state that a PMS must make that recommendation based on the intent of Congress. PMS's have, even this year, not given their recommendation and the cadet was forced Reserves. Cadet Command telling the PMS's to be more vigil in their recommendations for these SMC cadets that fall short of the AD cutoff would in no way violate any statute. Every PMS even those not at a SMC can make a recommendation for the Reserves.