10 U.S.C. § 7446 — Cadets: requirements for admission

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 Page 3070 TITLE 10—ARMED FORCES § 7447 shall ensure that the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy require the submission and consideration of standardized test scores as part of the application process.’’ TEMPORARY AUTHORITY TO WAIVE MAXIMUM AGE LIMI- TATION ON ADMISSION TO THE MILITARY SERVICE ACADEMIES Pub. L. 112–81, div. A, title V, § 553, Dec. 31, 2011, 125 Stat. 1413, as amended by Pub. L. 114–92, div. A, title X, § 1072(b), Nov. 25, 2015, 129 Stat. 995, provided that: ‘‘(a) WAIVER FOR CERTAIN ENLISTED MEMBERS.—The Secretary of the military department concerned may waive the maximum age limitation specified in section 4346(a), 6958(a)(1), or 9346(a) [now 7446(a), 8458(a)(1), or 9446(a)] of title 10, United States Code, for the admis- sion of an enlisted member of the Armed Forces to the United States Military Academy, the United States Naval Academy, or the United States Air Force Acad- emy if the member— ‘‘(1) satisfies the eligibility requirements for admis- sion to that academy (other than the maximum age limitation); and ‘‘(2) was or is prevented from being admitted to a military service academy before the member reached the maximum age specified in such sections as a re- sult of service on active duty in a theater of oper- ations for Operation Iraqi Freedom, Operation Endur- ing Freedom, or Operation New Dawn. ‘‘(b) MAXIMUM AGE FOR RECEIPT OF WAIVER.—A waiv- er may not be granted under this section if the can- didate would pass the candidate’s twenty-sixth birth- day by July 1 of the year in which the candidate would enter the military service academy pursuant to the waiver. ‘‘(c) LIMITATION ON NUMBER ADMITTED USING WAIV- ER.—Not more than five candidates may be admitted to each of the military service academies for an academic year pursuant to a waiver granted under this section. ‘‘(d) RECORD KEEPING REQUIREMENT.—The Secretary of each military department shall maintain records on the number of graduates of the military service acad- emy under the jurisdiction of the Secretary who are ad- mitted pursuant to a waiver granted under this section and who remain in the Armed Forces beyond the active duty service obligation assumed upon graduation. The Secretary shall compare their retention rate to the re- tention rate of graduates of that academy generally. ‘‘(e) DURATION OF WAIVER AUTHORITY.—The authority to grant a waiver under this section expires on Sep- tember 30, 2016.’’ AUTHORITY TO WAIVE MAXIMUM AGE LIMITATION ON ADMISSION TO SERVICE ACADEMIES FOR CERTAIN EN- LISTED MEMBERS WHO SERVED DURING PERSIAN GULF WAR Pub. L. 102–190, div. A, title V, § 514, Dec. 5, 1991, 105 Stat. 1361, provided that: ‘‘(a) WAIVER AUTHORITY.—The Secretary of the mili- tary department concerned may waive the maximum age limitation in section 4346(a), 6958(a)(1), or 9346(a) [now 7446(a), 8458(a)(1), or 9446(a)] of title 10, United States Code, in the case of any enlisted member of the Armed Forces who— ‘‘(1) becomes 22 years of age while serving on active duty in the Persian Gulf area of operations in connec- tion with Operation Desert Storm during the Persian Gulf War; or ‘‘(2) was a candidate for admission to the service academy under the jurisdiction of such Secretary in 1990, was prevented from being admitted to the acad- emy during that year by reason of the service of such person on active duty in the Persian Gulf area of op- erations in connection with Operation Desert Storm, and became 22 years of age after July 1, 1990, and be- fore the end of such service in that area of oper- ations. ‘‘(b) DEFINITIONS.—For purposes of this section: ‘‘(1) The term ‘Operation Desert Storm’ has the meaning given such term in section 3(1) of the Per- sian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991 (Public Law 102–25; 105 Stat. 77; 10 U.S.C. 101 note). ‘‘(2) The term ‘Persian Gulf War’ has the meaning given such term in section 101(33) of title 38, United States Code.’’ PERSONS FROM COUNTRIES ASSISTING U.S. IN VIETNAM; SERVICE ACADEMY INSTRUCTION: OATH OF TRAINEES Exemption from oath requirement of subsec. (d) of this section of appointees to the Military Academy, the Naval Academy, and the Air Force Academy from coun- tries assisting U.S. in Vietnam, see Pub. L. 89–802, § 1(g), Nov. 9, 1966, 80 Stat. 1519, formerly set out as a note under section 4344 of this title. § 7447. 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. 243, § 4347; re- numbered § 7447, 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) 4347 ......... 10:1091–1. July 7, 1943, ch. 193, 57 Stat. 383. The word ‘‘domicile’’ is substituted for the words ‘‘place of 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 substituted for the word ‘‘another’’. The words ‘‘were appointed with re- spect to’’, ‘‘of the former district’’, ‘‘as additional num- bers’’, ‘‘at such academy for the Representative’’, ‘‘temporarily’’, and ‘‘in attendance at such academy under an appointment from such former district’’ are omitted as surplusage. The words ‘‘the district in which his domicile so falls’’ are substituted for the words ‘‘of the latter district’’. The words ‘‘to include him’’ are substituted for 10:1091–1 (18 words before proviso). The words ‘‘However, the number as so increased’’ are sub- stituted for 10:1091–1 (1st 13 words of proviso). The words ‘‘if he fails to become a cadet’’ are inserted for clarity. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 4347 of this title as this section. 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.