10 U.S.C. § 9443 — Cadets: appointment; to bring to full

Page 3526 TITLE 10—ARMED FORCES § 9442a dividuals shall be eligible for appointment and admis- sion to the United States Air Force Academy, begin- ning with appointments to such academy 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 essen- tial adjustments in such standards required because of physiological differences between male and female indi- viduals, see section 803(a) of Pub. L. 94–106, set out as a note under section 7442 of this title. SECRETARY TO IMPLEMENT POLICY OF EXPEDITIOUS ADMISSION OF WOMEN TO THE ACADEMY Secretary to continue to exercise the authority granted under this chapter and chapters 403 and 603 of this title, but such authority to be exercised within a program providing for the orderly and expeditious ad- mission of women to the Academy, consistent with the needs of the services, see section 803(c) of Pub. L. 94–106, set out as a note under section 7442 of this title. § 9442a. 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 9442(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 9442(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 9442 of this title. (Added Pub. L. 117–81, div. A, title V, § 553(c)(1), Dec. 27, 2021, 135 Stat. 1737.) § 9443. Cadets: appointment; to bring 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 Air Force may fill the vacancies by nominating additional ca- dets from qualified candidates designated as al- ternates and from other qualified candidates who competed for nomination and are rec- ommended and found qualified by the Academy Board. At least three-fourths of those nomi- nated under this section shall be selected from qualified alternates nominated by the persons named in paragraphs (2) through (8) of section 9442(a) of this title, and the remainder from qualified candidates holding competitive nomi- nations under any other provision of law. An ap- pointment under this section is an additional appointment and is not in place of an appoint- ment otherwise authorized by law. (Aug. 10, 1956, ch. 1041, 70A Stat. 564, § 9343; Pub. L. 88–276, § 4(2), Mar. 3, 1964, 78 Stat. 153; Pub. L. 89–718, § 46, Nov. 2, 1966, 80 Stat. 1121; Pub. L. 93–171, § 3(5), Nov. 29, 1973, 87 Stat. 691; Pub. L. 101–510, div. A, title V, § 532(a)(2), (c)(2), Nov. 5, 1990, 104 Stat. 1563, 1564; Pub. L. 112–239, div. A, title X, § 1076(f)(43), Jan. 2, 2013, 126 Stat. 1955; re- numbered § 9443 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(a)(3), 809(a), Aug. 13, 2018, 132 Stat. 1832, 1840.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 9343 ......... 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 9342(a), and clause (2) of section 9342(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’’. Editorial Notes PRIOR PROVISIONS Prior sections 9443 to 9445 were renumbered sections 9493 to 9495 of this title, respectively. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 9343 of this title as this section and substituted ‘‘section 9442(a)’’ for ‘‘section 9342(a)’’. 2013—Pub. L. 112–239 substituted ‘‘paragraphs’’ for ‘‘clauses’’. 1990—Pub. L. 101–510, § 532(a)(2), (c)(2), amended sec- tion identically, substituting ‘‘clauses (2) through (8)’’ for ‘‘clauses (2)–(9)’’. 1973—Pub. L. 93–171 substituted ‘‘clauses (2)–(9) of sec- tion 9342(a)’’ for ‘‘clauses (2)–(8) of section 9342(a)’’. 1966—Pub. L. 89–718 substituted ‘‘Academy Board’’ for ‘‘Faculty’’. 1964—Pub. L. 88–276, among other changes, increased percentage of nominees to be selected from two-thirds to three-fourths, and struck out ‘‘as are necessary to meet the needs of the Air Force, but not more than the authorized strength of Air Force cadets’’ after ‘‘the Faculty’’. 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-