§ 7443. Cadets: appointment; to bring Corps to full strength

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 242, § 4343 · 70A Stat. 242

   Enacted · 10 U.S.C. § 7443

   Aug. 10, 1956, ch. 1041, 70A Stat. 242, § 4343

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 242, § 4343

2. 1964

   Pub. L. 88–276 § 1(2) · 78 Stat. 148

   Struck · 10 U.S.C. § 7443

   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 necessary 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”

   Source evidence

   Code amendment note
   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 necessary 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”.

   Enacted provision · exact public law section
   (1) Section 4342 is amended to read as follows: “§ 4342. Cadets: appointment; numbers, territorial distribution “(a) The authorized strength of the Corps of Cadets of the Academy is as follows: “(1) 40 cadets selected in order of merit as established by competitive examinations from the sons of members of the armed forces who were killed in action or died of wounds or injuries received or diseases contracted in, or preexisting injury or disease aggravated by, active service— “(A) during World War 1 or World War II as defined by laws providing service-connected compensation or pension benefits for veterans of those wars and their dependents: or “(B) after June 26, 1950, and before February 1, 1955. The determination of the Veterans’ Administration as to service connection of the cause of death is binding upon the Secretary of the Army. “(2) Five cadets nominated at large by the Vice President. “(3) Ten cadets from each State, five of whom are nominated by each Senator from that State. “(4) Five cadets from each congressional district, nominated by the Representative from the district. “(5) Five cadets from the District of Columbia, nominated by the Commissioners of that District. “(6) Five cadets from each Territory, nominated by the Delegate in Congress from the Territory. “(7) Six cadets from Puerto Rico, five of whom are nominated by the Resident Commissioner from Puerto Rico and one who is a native of Puerto Rico nominated by the Governor of Puerto Rico. “(8) One cadet nominated by the Governor of the Panama Canal from the sons of civilians residing in the Canal Zone or the sons of civilian personnel of the United States Government, or the Panama Canal Company, residing in the Republic of Panama. “(9) One cadet from American Samoa, Guam, or the Virgin Islands nominated by the Secretary of the Army upon recommendations of their respective Governor’s. Each Senator, Representative, and Delegate in Congress, including the Resident Commissioner from Puerto Rico, is entitled to nominate a principal candidate and five alternates for each vacancy that is available to him under this section. “(b) In addition, there may be appointed each year at the Academy cadets as follows: “(1) 75 selected by the President from the sons of members of regular components of the armed forces. “(2) 85 nominated by the Secretary of the Army from enlisted members of the Regular Army. “(3) 85 nominated by the Secretary of the Army from enlisted members of the Army Reserve. “(4) 20 nominated by the Secretary of the Army, under regulations prescribed by him, from the honor graduates of schools designated as honor schools by the Department of the Army, the Department of the Navy, or the Department of the Air Force, and from members of the Reserve. Officers’ Training Corps. “(5) 150 selected by the Secretary of the Army in order of merit (prescribed pursuant, to section 4343 of this title) from 70A Stat. 242. qualified alternates nominated by persons named in clauses (3) and (4) of subsection (a). “(c) The President may also appoint as cadets at the Academy Sons of Medal of Honor winners sons of persons who have been awarded the Medal of Honor for acts performed while in the armed forces. “(d) All cadets are appointed by the President. An appointment is conditional until the cadet is admitted. “(e) If the annual quota of cadets under subsection (b)(1), (2), Unfilled quotas. (3) is not filled, the Secretary may fill the vacancies by nominating for appointment other candidates from any of these sources who were found best qualified on examination for admission and not otherwise nominated. “(f) Each candidate for admission nominated under clauses (3)–(7) Conditions. and (9) of subsection (a) must be domiciled in the State or Territory, or in the congressional district, from which he is nominated, or in the District of Columbia, Puerto Rico, American Samoa, Guam, or the Virgin Islands, if nominated from one of those places. “(g) The Secretary of the Army may limit the number of cadets Secretary of Army. Authority. authorized to be appointed tinder this section to the number that can be adequately accommodated at the Academy, as determined by the Secretary after consulting with the Committees on Armed Services of the Senate and House of Representatives, subject to the following: “(1) Cadets chargeable to each nominating authority named in subsection (a)(3) or (4) may not be limit ed to less than four. “(2) If the Secretary limits the number of appointments under subsection (a)(3) or (4), appointments under subsection (b)(1)–(4) are limited as follows: “(A) 27 appointments under subsection (b)(1); “(B) 27 appointments under subsection (b)(2); “(C) 27 appointments under subsection (b)(3); and “(D) 13 appointments under subsection (b)(4). “(3) If the Secretary limits the number of appointments under subsection (b)(5), appointments under subsection (b)(2)–(4) are limited as follows; “(A) 27 appointments under subsection (b)(2); “(B) 27 appointments under subsection (b)(3); and ‘(C) 13 appointments under subsection (b)(4). “(4) The limitations provided for in (his subsection do not. affect the operation of subsection (e). “(h) Effective beginning with nominations for appointment to the Academy in the calendar year 1964, the Secretary of the .Army shall furnish to any Member of Congress, upon the written request of such Member the name of the Congressman or other nominating authority responsible for the nomination of any mimed or identified person for appointment to the Academy.”

3. 1973

   Pub. L. 93–171 § 1(5) · 87 Stat. 690

   Substituted · 10 U.S.C. § 7443

   Pub. L. 93–171 substituted “clauses (2)–(9) of section 4342(a)” for “clauses (2)–(8) of section 4342(a)”

   Source evidence

   Code amendment note
   Pub. L. 93–171 substituted “clauses (2)–(9) of section 4342(a)” for “clauses (2)–(8) of section 4342(a)”.

   Enacted provision · exact public law section
   (1) Section 4342 (a)(6) is amended to read as follows: “(6) One cadet from the Virgin Islands, nominated by the Delegate in Congress from the Virgin Islands.”

4. 1991

   Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991

   Pub. L. 102–25 title VII § 701(f)(5) · 105 Stat. 75

   Substituted · 10 U.S.C. § 7443

   Pub. L. 102–25 substituted “clauses (2) through (8)” for “clauses (2)–(9)”

   Source evidence

   Code amendment note
   Pub. L. 102–25 substituted “clauses (2) through (8)” for “clauses (2)–(9)”.

   Enacted provision · exact public law section
   (5) Section 4343 is amended by striking out “clauses (2H9)” and inserting in lieu thereof “clauses (2) through (8)”.

5. 2013

   National Defense Authorization Act for Fiscal Year 2013

   Pub. L. 112–239 div. A title X § 1076(f)(39) · 126 Stat. 1632

   Substituted · 10 U.S.C. § 7443

   Pub. L. 112–239 substituted “paragraphs” for “clauses”

   Source evidence

   Code amendment note
   Pub. L. 112–239 substituted “paragraphs” for “clauses”.

   Enacted provision · exact public law section
   (39) Section 4343 is amended by striking “clauses” and inserting “paragraphs”.

6. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 § 809(a) · 132 Stat. 1636

   Substituted · 10 U.S.C. § 7443

   Pub. L. 115–232, § 809(a), substituted “paragraphs (2) through (8) of section 7442(a)” for “paragraphs (2) through (8) of section 4342(a)”

   Source evidence

   Code amendment note
   Pub. L. 115–232, § 809(a), substituted “paragraphs (2) through (8) of section 7442(a)” for “paragraphs (2) through (8) of section 4342(a)”.

   Enacted provision · exact public law section
   (a) Title 10, United States Code.— Each provision of title 10, United States Code (including the table of subtitles preceding subtitle A), that contains a reference to a section or chapter redesignated by this part is 10 USC prec. 101, 125, 162, 347, 532, 616, 624, 631–634, 637–638b, 641, 652, 688, 1074h, 1134a, 1135, 1174, 1176, 1370, 1402, 1402a, 1406, 1407, 1409, 1447, 1488, 1552, 2208, 2218, 2433, 2474, 2522, 2547, 2563, 2575, 2780, 7023, 7032, 7033, 7036, 7278, 7282, 7285, 7311, 7314, 7317, 7318, 7324, 7325, 7326, 7329, 7343, 7345, 7361, 7362, 7433a, 7442, 7443, 7482–7484, 7629, 7722, 7806, 8023, 8027, 8032, 8033, 8036, 8037, 8042, 8043, 8083, 8084, 8089, 8139, 8146, 8219, 8243, 8286, 8298, 8307, 8323, 8325–8327, 8330, 8331, 8333, 8335, 8336, 8371, 8372, 8451a, 8454, 8456, 8458, 8470a, 8474, 8476, 8481, 8545, 8549, 8585–8587, 8675, 8686, 8722, 8723, 8725, 8730, 8731, 8737, 8766, 8855, 8859, 8860, 8881, 8892–8894, 8897, 9023, 9032, 9033, 9039, 9062, 9081, 9229, 9278, 9282, 9285, 9311, 9314, 9317, 9318, 9324–9326, 9329, 9343, 9345, 9361, 9362, 9414a, 9415, 9417, 9433a, 9442, 9443, 9482–9484, 9491m, 9494, 9496, 9498, 10154, 10171–10174, 12009, 12645–12647, 12741, 14108, 14311. amended so that the reference refers to the number of the section or chapter as redesignated.

   Effective date note
   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.

7. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 § 808(c)(1) · 132 Stat. 1636

   Changed · 10 U.S.C. § 7443

   Pub. L. 115–232, § 808(c)(1), renumbered section 4343 of this title as this section

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 115–232, § 808(c)(1), renumbered section 4343 of this title as this section.

   Enacted provision · exact public law section
   (1) In general.— Except as provided in paragraph (2), each section in part III of such subtitle 10 USC 7401–7403, 7406, 7409, 7414, 7415, 7417–7421, 7431–7438, 7440–7443, 7446–7462. 10 USC 7481–7484, 7486, 7487. 10 USC 7532, 7536, 7540–7544, 7551–7555, 7561–7565, 7591–7595, 7621, 7622, 7624–7629, 7652–7657, 7682–7690, 7712, 7714, 7721–7727, 7749, 7771, 7772, 7776–7781, 7801–7804, 7806, 7831, 7837–7842. is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,100.

   Effective date note
   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.

6 of 7 references resolved to an enrolled provision · 1 partial