10 U.S.C. § 7443 — Cadets: appointment; to bring Corps to

Page 3068 TITLE 10—ARMED FORCES § 7442a ‘‘(3) The term ‘military service academy’ means— ‘‘(A) the United States Military Academy; ‘‘(B) the United States Naval Academy; and ‘‘(C) the United States Air Force Academy.’’ ELIGIBILITY OF FEMALE INDIVIDUALS FOR APPOINTMENT AND ADMISSION TO SERVICE ACADEMIES; UNIFORM AP- PLICATION OF ACADEMIC AND OTHER STANDARDS TO MALE AND FEMALE INDIVIDUALS Pub. L. 94–106, title VIII, § 803(a), Oct. 7, 1975, 89 Stat. 537, provided that: ‘‘Notwithstanding any other provi- sion of law, in the administration of chapter 403 [now 753] of title 10, United States Code [this chapter] (relat- ing to the United States Military Academy), chapter 603 [now 853] of such title (relating to the United States Naval Academy), and chapter 903 [now 953] of such title (relating to the United States Air Force Academy), the Secretary of the military department concerned shall take such action as may be necessary and appropriate to insure that (1) female individuals shall be eligible for appointment and admission to the service academy concerned, beginning with appointments to such acad- emy for the class beginning in calendar year 1976, and (2) the academic and other relevant standards required for appointment, admission, training, graduation, and commissioning of female individuals shall be the same as those required for male individuals, except for those minimum essential adjustments in such standards re- quired because of physiological differences between male and female individuals.’’ SECRETARY TO IMPLEMENT POLICY OF EXPEDITIOUS ADMISSION OF WOMEN TO THE ACADEMY Pub. L. 94–106, title VIII, § 803(c), Oct. 7, 1975, 89 Stat. 538, provided that: ‘‘It is the sense of Congress that, subject to the provisions of subsection (a) [note set out above], the Secretaries of the military departments shall, under the direction of the Secretary of Defense, continue to exercise the authority granted them in chapters 403, 603 and 903 [now 753, 853, and 953] of title 10, United States Code, but such authority must be ex- ercised within a program providing for the orderly and expeditious admission of women to the academies, con- sistent with the needs of the services, with the imple- mentation of such program upon enactment of this Act [Oct. 7, 1975].’’ § 7442a. Cadets: nomination in event of death, resignation, or expulsion from office of Mem- ber of Congress otherwise authorized to nominate (a) SENATORS.—In the event a Senator does not submit all nominations for cadets allocated to such Senator for an academic year in accord- ance with section 7442(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator’s successor as Senator occurs after the date of the deadline for submittal of nomina- tions for cadets for the academic year, the nomi- nations for cadets for such academic year, oth- erwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative. (b) REPRESENTATIVES.—In the event a Rep- resentative does not submit all nominations for cadets allocated to such Representative for an academic year in accordance with section 7442(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative’s successor as Representative occurs after the date of the deadline for submittal of nomina- tions for cadets for the academic year, the nomi- nations for cadets for such academic year, oth- erwise authorized to be made by the Representa- tive pursuant to such section, may be made in- stead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. (c) RULE OF CONSTRUCTION.—The nomination of a cadet by a Member of Congress pursuant to this section shall not be construed to perma- nently reallocate nominations under section 7442 of this title. (Added Pub. L. 117–81, div. A, title V, § 553(a)(1), Dec. 27, 2021, 135 Stat. 1736.) § 7443. Cadets: appointment; to bring Corps to full strength If it is determined that, upon the admission of a new class to the Academy, the number of ca- dets at the Academy will be below the author- ized number, the Secretary of the Army may fill the vacancies by nominating additional cadets from qualified candidates designated as alter- nates and from other qualified candidates who competed for nomination and are recommended and found qualified by the Academic Board. At least three-fourths of those nominated under this section shall be selected from qualified al- ternates nominated by the persons named in paragraphs (2) through (8) of section 7442(a) of this title, and the remainder from qualified can- didates holding competitive nominations under any other provision of law. An appointment under this section is an additional appointment and is not in place of an appointment otherwise authorized by law. (Aug. 10, 1956, ch. 1041, 70A Stat. 242, § 4343; Pub. L. 88–276, § 1(2), Mar. 3, 1964, 78 Stat. 150; Pub. L. 93–171, § 1(5), Nov. 29, 1973, 87 Stat. 690; Pub. L. 102–25, title VII, § 701(f)(5), Apr. 6, 1991, 105 Stat. 115; Pub. L. 112–239, div. A, title X, § 1076(f)(39), Jan. 2, 2013, 126 Stat. 1954; renumbered § 7443 and amended Pub. L. 115–232, div. A, title VIII, §§ 808(c)(1), 809(a), Aug. 13, 2018, 132 Stat. 1839, 1840.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 4343 ......... 10:1092d. June 30, 1950, ch. 421, § 4, 64 Stat. 305. The words ‘‘If it is determined’’ are substituted for the words ‘‘When upon determination’’. The words ‘‘within his discretion’’ are omitted as covered by the word ‘‘may’’. The words ‘‘within the capacity of the Academy’’, ‘‘from the remaining sources of admission authorized by law’’, and ‘‘to be admitted in such class’’ are omitted as surplusage. The words ‘‘by the persons named in clauses (1)–(6) of section 4342(a), and clause (2) of section 4342(e), of this title’’ are substituted for the words ‘‘by the Vice President, Members of the Senate and House of Representatives of the United States, Del- egates and Resident Commissioners, the Commis- sioners of the District of Columbia, and the Governor of the Canal Zone’’. The words ‘‘under any other provision of law’’ are substituted for the words ‘‘from sources au- thorized by law other than those holding such alternate appointments’’. Page 3069 TITLE 10—ARMED FORCES § 7446 Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 809(a), substituted ‘‘paragraphs (2) through (8) of section 7442(a)’’ for ‘‘paragraphs (2) through (8) of section 4342(a)’’. Pub. L. 115–232, § 808(c)(1), renumbered section 4343 of this title as this section. 2013—Pub. L. 112–239 substituted ‘‘paragraphs’’ for ‘‘clauses’’. 1991—Pub. L. 102–25 substituted ‘‘clauses (2) through (8)’’ for ‘‘clauses (2)–(9)’’. 1973—Pub. L. 93–171 substituted ‘‘clauses (2)–(9) of sec- tion 4342(a)’’ for ‘‘clauses (2)–(8) of section 4342(a)’’. 1964—Pub. L. 88–276, among other changes, increased the percentage of nominees to be selected from two- thirds to three-fourths, and struck out ‘‘as are nec- essary to meet the needs of the Army and Air Force, but not more than the authorized strength of the Corps of Cadets’’ after ‘‘Academic Board’’. 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 Effective date of amendment by Pub. L. 93–171, see section 4 of Pub. L. 93–171, set out as a note under sec- tion 7442 of this title. NUMBER OF ALTERNATE-APPOINTEES FROM CONGRES- SIONAL SOURCES NOT TO BE REDUCED BECAUSE OF ADDITIONAL PRESIDENTIAL APPOINTMENTS Pub. L. 89–650, § 2, Oct. 13, 1966, 80 Stat. 896, as amend- ed by Pub. L. 115–232, div. A, title VIII, § 809(b)(7), Aug. 13, 2018, 132 Stat. 1840, provided that: ‘‘Notwithstanding any other provision of law, none of the additional ap- pointments authorized in sections 7442(b)(1), 8454(b), and 9442(b)(1) of title 10, United States Code, as pro- vided by this Act shall serve to reduce or diminish the number of qualified alternates from congressional sources who would otherwise be appointed by the ap- propriate service Secretary under the authority con- tained in sections 7443, 8456, and 9443 of such title.’’ § 7446. 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 Army, that he is qualified in the subjects 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 the fol- lowing oath— ‘‘I, llllllllllll, do solemnly swear that I will support the Constitution of the United States, and bear true allegiance to the National Government; that I will maintain and defend the sovereignty of the United States, paramount to any and all allegiance, sov- ereignty, or fealty I may owe to any State or country whatsoever; and that I will at all times obey the legal orders of my superior officers, and the Uniform Code of Military Justice.’’ If a candidate for admission refuses to take this oath, his appointment is terminated. (Aug. 10, 1956, ch. 1041, 70A Stat. 242, § 4346; Pub. L. 104–201, div. A, title V, § 555(b), Sept. 23, 1996, 110 Stat. 2527; renumbered § 7446, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 4346(a) ..... 4346(b) ..... 4346(c) ..... 10:1092b (less provisos). 10:1096. 10:1095. June 30, 1950, ch. 421, § 2 (less provisos), 64 Stat. 304. 4346(d) ..... 10:1099. 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. R.S. 1320. 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 ‘‘To be’’ are substituted for the words ‘‘before they shall be’’. The words ‘‘must show * * * that he is qualified’’ are substituted for the words ‘‘shall be required 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’’. In subsection (d), the word ‘‘county’’ is omitted as surplusage. The words ‘‘Uniform Code of Military Jus- tice’’ are substituted for the words ‘‘rules and articles governing the armies of the United States’’, since the Articles of War have been superseded by the Uniform Code of Military Justice. The words ‘‘his appointment is terminated’’ are substituted for the words ‘‘shall be dismissed from the service’’, since a cadet who has not taken the oath is not yet a member. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 4346 of this title as this section. 1996—Subsec. (a). Pub. L. 104–201 substituted ‘‘twenty- third birthday’’ for ‘‘twenty-second birthday’’. 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. CONSIDERATION OF STANDARDIZED TEST SCORES IN MILITARY SERVICE ACADEMY APPLICATION PROCESS Pub. L. 118–31, div. A, title V, § 563, Dec. 22, 2023, 137 Stat. 274, provided that: ‘‘The Secretary of Defense