2017 US Code
Title 10 - Armed Forces
Subtitle B - Army
Part III - Training
Chapter 403 - United States Military Academy
Sec. 4343 - Cadets: appointment; to bring Corps to full strength
10 U.S.C. § 4343 (2017) | ||||||
§4343. Cadets: appointment; to bring Corps to full strength | ||||||
If it is determined that, upon the admission of a new class to the Academy, the number of cadets at the Academy will be below the authorized number, the Secretary of the Army may fill the vacancies by nominating additional cadets from qualified candidates designated as alternates and from other qualified candidates who competed for nomination and are recommended and found qualified by the Academic Board. At least three-fourths of those nominated under this section shall be selected from qualified alternates nominated by the persons named in paragraphs (2) through (8) of section 4342(a) of this title, and the remainder from qualified candidates holding competitive nominations under any other provision of law. An appointment under this section is an additional appointment and is not in place of an appointment otherwise authorized by law. |
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(Aug. 10, 1956, ch. 1041, 70A Stat. 242; Pub. L. 88–276, §1(2), Mar. 3, 1964, 78 Stat. 150; Pub. L. 93–171, §1(5), Nov. 29, 1973, 87 Stat. 690; Pub. L. 102–25, title VII, §701(f)(5), Apr. 6, 1991, 105 Stat. 115; Pub. L. 112–239, div. A, title X, §1076(f)(39), Jan. 2, 2013, 126 Stat. 1954.) |
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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 4342(a), and clause (2) of section 4342(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, Delegates and Resident Commissioners, the Commissioners 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 authorized by law other than those holding such alternate appointments". AMENDMENTS2013—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 section 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 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". EFFECTIVE DATE OF 1973 AMENDMENTEffective date of amendment by Pub. L. 93–171, see section 4 of Pub. L. 93–171, set out as a note under section 4342 of this title. NUMBER OF ALTERNATE-APPOINTEES FROM CONGRESSIONAL SOURCES NOT TO BE REDUCED BECAUSE OF ADDITIONAL PRESIDENTIAL APPOINTMENTSPub. L. 89–650, §2, Oct. 13, 1966, 80 Stat. 896, provided that: "Notwithstanding any other provision of law, none of the additional appointments authorized in sections 4342(b)(1), 6954(b)(1) and 9342(b)(1) of this title as provided by this Act shall serve to reduce or diminish the number of qualified alternates from congressional sources who would otherwise be appointed by the appropriate service Secretary under the authority contained in sections 4343, 6956, and 9343 of title 10, United States Code." |
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United States Code, 2012 Edition, Supplement 5, Title 10 - ARMED FORCES | ||||||
Bills and Statutes | ||||||
United States Code | ||||||
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Title 10 - ARMED FORCES Subtitle B - Army PART III - TRAINING CHAPTER 403 - UNITED STATES MILITARY ACADEMY Sec. 4343 - Cadets: appointment; to bring Corps to full strength |
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section 4343 | ||||||
2017 | ||||||
January 12, 2018 | ||||||
Yes | ||||||
standard | ||||||
64 Stat. 305 78 Stat. 150 80 Stat. 896 87 Stat. 690 105 Stat. 115 126 Stat. 1954 |
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Public Law 88-276, Public Law 89-650, Public Law 93-171, Public Law 102-25, Public Law 112-239 |