10 U.S.C. § 9446 — Cadets: requirements for admission

Page 3527 TITLE 10—ARMED FORCES § 9447 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by 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. EFFECTIVE DATE OF 1973 AMENDMENT For effective date of amendment by Pub. L. 93–171, see section 4 of Pub. L. 93–171, set out as a note under section 7442 of this title. NUMBER OF ALTERNATE APPOINTEES FROM CONGRES- SIONAL SOURCES NOT TO BE REDUCED BECAUSE OF ADDITIONAL PRESIDENTIAL APPOINTMENTS Nonreduction of number of appointees from congres- sional sources under this section because of additional Presidential appointments under section 9342(b) (1) of this title, see section 2 of Pub. L. 89–650, set out as a note under section 7443 of this title. § 9446. Cadets: requirements for admission (a) To be eligible for admission to the Acad- emy a candidate must be at least 17 years of age and must not have passed his twenty-third birthday on July 1 of the year in which he enters the Academy. (b) To be admitted to the Academy, an ap- pointee must show, by an examination held under regulations prescribed by the Secretary of the Air Force, that he is qualified in the sub- jects prescribed by the Secretary. (c) A candidate designated as a principal or an alternate for appointment as a cadet shall ap- pear for physical examination at a time and place designated by the Secretary. (d) To be admitted to the Academy, an ap- pointee must take and subscribe to an oath pre- scribed by the Secretary of the Air Force. If a candidate for admission refuses to take and sub- scribe to the prescribed oath, his appointment is terminated. (Aug. 10, 1956, ch. 1041, 70A Stat. 565, § 9346; Pub. L. 89–718, § 47, Nov. 2, 1966, 80 Stat. 1121; Pub. L. 104–201, div. A, title V, § 555(d), Sept. 23, 1996, 110 Stat. 2527; renumbered § 9446, Pub. L. 115–232, div. A, title VIII, § 806(a)(3), Aug. 13, 2018, 132 Stat. 1832.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 9346(a) ..... 9346(b) ..... 9346(c) ..... 10:1092b (less provisos). 10:1096. 10:1095. June 30, 1950, ch. 421, § 2 (less provisos), 64 Stat. 304. R.S. 1319; restated Mar. 2, 1901, ch. 804 (1st pro- viso under ‘‘Permanent Establishment’’), 31 Stat. 911. Aug. 9, 1912, ch. 275 (2d proviso under ‘‘Perma- nent Establishment’’), 37 Stat. 252. In subsection (a), the words ‘‘Effective January 1, 1951’’ are omitted as executed. The word ‘‘Calendar’’ is omitted as surplusage. The words ‘‘must not have passed his twenty-second birthday’’ are substituted for the words ‘‘not more than twenty-two years of age’’, to make it clear that a person whose twenty-second birth- day falls on July 1 of the year of admission is eligible (see opinion of the Judge Advocate General of the Army (JAGA 1952/7083, 2 Sept. 1952)). In subsection (b), the words ‘‘is qualified in’’ are sub- stituted for the words ‘‘to be well versed in’’. The words ‘‘To be’’ are substituted for the words ‘‘before they shall be’’. The words ‘‘an appointee must show that he is qualified’’ are substituted for the words ‘‘shall be re- quired to be well versed’’. The words ‘‘from time to time’’ are omitted as surplusage. In subsection (c), the word ‘‘shall’’ is substituted for the word ‘‘may’’, since the nominee is required to ap- pear for the examination. The word ‘‘appear’’ is sub- stituted for the words ‘‘present himself’’. The words ‘‘at a place’’ are substituted for the words ‘‘at West Point, New York, or other prescribed places’’. Editorial Notes PRIOR PROVISIONS A prior section 9446 was renumbered section 9496 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 9346 of this title as this section. 1996—Subsec. (a). Pub. L. 104–201 substituted ‘‘twenty- third birthday’’ for ‘‘twenty-second birthday’’. 1966—Subsec. (d). Pub. L. 89–718 added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by 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. AUTHORITY TO WAIVE MAXIMUM AGE LIMITATION ON ADMISSION TO SERVICE ACADEMIES FOR CERTAIN EN- LISTED MEMBERS WHO SERVED DURING PERSIAN GULF WAR For authority to waive maximum age limitation in subsec. (a) of this section on basis of service on active duty in connection with Operation Desert Storm, see section 514 of Pub. L. 102–190, set out as a note under section 7446 of this title. § 9447. Cadets; nominees: effect of redistricting of States If as a result of redistricting a State the domi- cile of a cadet, or a nominee, nominated by a Representative falls within a congressional dis- trict other than that from which he was nomi- nated, he is charged to the district in which his domicile so falls. For this purpose, the number of cadets otherwise authorized for that district is increased to include him. However, the num- ber as so increased is reduced by one if he fails to become a cadet or when he is finally sepa- rated from the Academy. (Aug. 10, 1956, ch. 1041, 70A Stat. 565, § 9347, re- numbered § 9447, Pub. L. 115–232, div. A, title VIII, § 806(a)(3), Aug. 13, 2018, 132 Stat. 1832.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 9347 ......... 10:1091–1. July 7, 1943, ch. 193, 57 Stat. 383. The word ‘‘domicile’’ is substituted for the words ‘‘place of residence’’ and ‘‘residence’’ to conform to opinions of the Judge Advocate General of the Army (R. 29, 83; J.A.G. 351.11, Feb. 10, 1925). The words ‘‘a * * * other than that from which he was nominated’’ are sub- stituted for the word ‘‘another’’. The words ‘‘were ap- pointed with respect to’’, ‘‘of the former district’’, ‘‘as additional numbers’’, ‘‘at such academy for the Rep-