10 U.S.C. § 9447 — Cadets; nominees: effect of redistricting of

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- Page 3528 TITLE 10—ARMED FORCES § 9448 resentative’’, ‘‘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 in- clude him’’ are substituted for 10:1091–1 (18 words before proviso). The words ‘‘but the number as so increased’’ are substituted for 10:1091–1 (1st 13 words of proviso). The words ‘‘if he fails to become a cadet’’ are inserted for clarity. Editorial Notes PRIOR PROVISIONS A prior section 9447 was renumbered section 9497 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 9347 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. § 9448. Cadets: service obligation (a) Each cadet shall sign an agreement with respect to the cadet’s length of service in the armed forces. The agreement shall provide that the cadet agrees to the following: (1) That the cadet will complete the course of instruction at the Academy. (2) That upon graduation from the Academy the cadet— (A) will accept an appointment, if ten- dered, as a commissioned officer of the Reg- ular Air Force or the Space Force; and (B) will serve on active duty for at least five years immediately after such appoint- ment. (3) That if an appointment described in para- graph (2) is not tendered or if the cadet is per- mitted to resign as a regular officer, or to ter- minate the officer’s order to sustained duty in the Space Force before completion of the com- missioned service obligation of the cadet, the cadet— (A) will accept an appointment as a com- missioned officer as a Reserve in the Air Force for service in the Air Force Reserve or will accept further assignment in a space force active status; and (B) will remain in that reserve component, or the Space Force, until completion of the commissioned service obligation of the cadet. (4) That if an appointment described in para- graph (2) or (3) is tendered and the cadet par- ticipates in a program under section 2121 of this title, the cadet will fulfill any unserved obligation incurred under this section on ac- tive duty, regardless of the type of appoint- ment held, upon completion of, and in addition to, any service obligation incurred under sec- tion 2123 of this title for participation in such program. (5) That the cadet may not obtain employ- ment as a professional athlete until two years after the cadet graduates from the Academy. (b)(1) Subject to paragraph (4), the Secretary of the Air Force may transfer to the Air Force Reserve, and may order to active duty for such period of time as the Secretary prescribes (but not to exceed four years), a cadet who breaches an agreement under subsection (a). The period of time for which a cadet is ordered to active duty under this paragraph may be determined with- out regard to section 651(a) of this title. (2) A cadet who is transferred to the Air Force Reserve under paragraph (1) shall be transferred in an appropriate enlisted grade or rating, as de- termined by the Secretary. (3) For the purposes of paragraph (1), a cadet shall be considered to have breached an agree- ment under subsection (a) if the cadet is sepa- rated from the Academy under circumstances which the Secretary determines constitute a breach by the cadet of the cadet’s agreement to complete the course of instruction at the Acad- emy and accept an appointment as a commis- sioned officer upon graduation from the Acad- emy. (4) Each academic year, the Secretary of the Air Force may transfer not more than three ca- dets, who obtain employment in violation of paragraph (5) of subsection (a), to the Selected Reserve of the Air Force. Each cadet so trans- ferred shall— (A) serve as a commissioned officer— (i) in an appropriate grade or rating, deter- mined by the Secretary of the Air Force; and (ii) for a period, determined by the Sec- retary of the Air Force, not longer than 10 years; and (B) while so serving, participate in efforts to recruit and retain members of the armed forces. (c) The Secretary of the Air Force shall pre- scribe regulations to carry out this section. Those regulations shall include— (1) standards for determining what con- stitutes, for the purpose of subsection (b), a breach of an agreement under subsection (a); (2) that a cadet who obtains employment as a professional athlete— (A) in violation of paragraph (5) of sub- section (a) has breached an agreement under such subsection unless such cadet receives a transfer under paragraph (4) of subsection (b); and (B) at least two years after the cadet grad- uates from the Academy has not breached an agreement under subsection (a); (3) procedures for determining whether such a breach has occurred; and (4) standards for determining the period of time for which a person may be ordered to serve on active duty under subsection(b). (d) In this section, the term ‘‘commissioned service obligation’’, with respect to a cadet, means the period beginning on the date of the cadet’s appointment as a commissioned officer and ending on the sixth anniversary of such ap- pointment or, at the discretion of the Secretary of Defense, any later date up to the eighth anni- versary of such appointment. (e)(1) This section does not apply to a cadet who is not a citizen or national of the United States.