10 U.S.C. § 7441a — Cadets: appointment by the President

Page 3062 TITLE 10—ARMED FORCES § 7441a 1 See Applicability of Amendment note below. suspension of the ordinary academic studies, without deduction of pay or allowances, to a professor, assistant professor, instructor, or other officer of the Academy. (Aug. 10, 1956, ch. 1041, 70A Stat. 240, § 4341; re- numbered § 7441, 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) 4341 ......... 10:1144. R.S. 1330. The words ‘‘under regulations prescribed by the Sec- retary of the Army’’ are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 4341 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. § 7441a. Cadets: appointment by the President Cadets at the Academy shall be appointed by the President alone. An appointment is condi- tional until the cadet is admitted. (Added Pub. L. 97–60, title II, § 203(a)(2)(A), Oct. 14, 1981, 95 Stat. 1006, § 4341a; renumbered § 7441a, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 4341a 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. EFFECTIVE DATE Pub. L. 97–60, title II, § 203(d), Oct. 14, 1981, 95 Stat. 1007, provided that: ‘‘The amendments made by this section [enacting this section and section 9341a of this title and amending sections 4342, 6953, 6954, and 9342 of this title] shall take effect with respect to nominations for appointment to the first class admitted to each Academy after the date of the enactment of this Act [Oct. 14, 1981].’’ § 7442. Cadets: appointment; numbers, territorial distribution (a) The authorized strength of the Corps of Ca- dets of the Academy (determined for any year as of the day before the last day of the academic year) is 4,400 or such lower number as may be prescribed by the Secretary of the Army under subsection (j). Subject to that limitation, cadets are selected as follows: (1) 65 cadets selected in order of merit as es- tablished by competitive examinations from the children of members of the armed forces who were killed in action or died of, or have a service-connected disability rated at not less than 100 per centum resulting from, wounds or injuries received or diseases contracted in, or preexisting injury or disease aggravated by, active service, children of members who are in a ‘‘missing status’’ as defined in section 551(2) of title 37, and children of civilian employees who are in ‘‘missing status’’ as defined in sec- tion 5561(5) of title 5. The determination of the Department of Veterans Affairs as to service connection of the cause of death or disability, and the percentage at which the disability is rated, is binding upon the Secretary of the Army. (2) Five cadets nominated at large by the Vice President or, if there is no Vice Presi- dent, by the President pro tempore of the Sen- ate. (3) Ten cadets from each State, five of whom are nominated by each Senator from that State. (4) Five cadets from each congressional dis- trict, nominated by the Representative from the district. (5) Five cadets from the District of Colum- bia, nominated by the Delegate to the House of Representatives from the District of Colum- bia. (6) Four cadets from the Virgin Islands, nominated by the Delegate in Congress from the Virgin Islands. (7) Six cadets from Puerto Rico, five of whom are nominated by the Resident Commis- sioner from Puerto Rico and one who is a na- tive of Puerto Rico nominated by the Gov- ernor of Puerto Rico. (8) Five cadets from Guam, nominated by the Delegate in Congress from Guam. (9) Three cadets from American Samoa, nominated by the Delegate in Congress from American Samoa. (10) Three cadets from the Commonwealth of the Northern Mariana Islands, nominated by the Delegate in Congress from the common- wealth. Each Senator, Representative, and Delegate in Congress, including the Resident Commissioner from Puerto Rico, is entitled to nominate 15 per- sons 1 for each vacancy that is available to him under this section. Nominees may be submitted without ranking or with a principal candidate and 9 ranked or unranked alternates. Qualified nominees not selected for appointment under this subsection shall be considered qualified al- ternates for the purposes of selection under other provisions of this chapter. When a nomi- nee of a Senator, Representative, or Delegate is selected for appointment as a cadet, the Sen- ator, Representative, or Delegate shall be noti- fied at least 48 hours before the official notifica-