section 7442(a) of this titleIf 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 , 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.
Aug. 10, 1956, ch. 104170A Stat. 242Pub. L. 88–276, § 1(2)78 Stat. 150Pub. L. 93–171, § 1(5)87 Stat. 690Pub. L. 102–25, title VII, § 701(f)(5)105 Stat. 115Pub. L. 112–239, div. A, title X, § 1076(f)(39)126 Stat. 1954Pub. L. 115–232, div. A, title VIII132 Stat. 1839(, , § 4343; , , ; , , ; , , ; , , ; renumbered § 7443 and amended , §§ 808(c)(1), 809(a), , , 1840.)
|
Historical and Revision Notes |
||
|---|---|---|
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
4343 | 10:1092d. | |
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”.
Editorial Notes
Amendments
Pub. L. 115–232, § 809(a)2018—, substituted “paragraphs (2) through (8) of section 7442(a)” for “paragraphs (2) through (8) of section 4342(a)”.
Pub. L. 115–232, § 808(c)(1)section 4343 of this title, renumbered as this section.
Pub. L. 112–2392013— substituted “paragraphs” for “clauses”.
Pub. L. 102–251991— substituted “clauses (2) through (8)” for “clauses (2)–(9)”.
Pub. L. 93–1711973— substituted “clauses (2)–(9) of section 4342(a)” for “clauses (2)–(8) of section 4342(a)”.
Pub. L. 88–2761964—, 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Pub. L. 115–232section 800 of Pub. L. 115–232section 3001 of this titleAmendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .
Effective Date of 1973 Amendment
Pub. L. 93–171section 4 of Pub. L. 93–171section 7442 of this titleEffective date of amendment by , see , set out as a note under .
Number of Alternate-Appointees From Congressional Sources Not To Be Reduced Because of Additional Presidential Appointments
Pub. L. 89–650, § 280 Stat. 896Pub. L. 115–232, div. A, title VIII, § 809(b)(7)132 Stat. 1840