Aug. 10, 1956, ch. 104170A Stat. 563Pub. L. 87–663, § 1(5)76 Stat. 547Pub. L. 88–276, § 4(1)78 Stat. 151Pub. L. 89–650, § 1(1)80 Stat. 896Pub. L. 90–37482 Stat. 283Pub. L. 90–623, § 2(8)82 Stat. 1314Pub. L. 91–405, title II, § 204(c)84 Stat. 852Pub. L. 92–365, § 1(3)86 Stat. 505Pub. L. 93–171, § 3(1)87 Stat. 690Pub. L. 94–106, title VIII, § 803(b)(1)89 Stat. 538Pub. L. 96–513, title V, § 514(11)94 Stat. 2935Pub. L. 96–600, § 2(c)94 Stat. 3493Pub. L. 97–60, title II, § 203(c)(1)95 Stat. 1006Pub. L. 98–94, title X, § 1005(a)(3)97 Stat. 660Pub. L. 101–189, div. A, title XVI, § 1621(a)(1)103 Stat. 1602Pub. L. 101–510, div. A, title V, § 532(c)(1)104 Stat. 1563Pub. L. 103–160, div. A, title V, § 531107 Stat. 1657Pub. L. 103–337, div. A, title XVI, § 1674(c)(3)108 Stat. 3017Pub. L. 104–106, div. A, title V, § 532(c)110 Stat. 315Pub. L. 105–85, div. A, title X, § 1073(a)(62)111 Stat. 1903Pub. L. 106–65, div. A, title V, § 531(b)(3)113 Stat. 602Pub. L. 106–398, § 1 [[div. A]114 Stat. 1654Pub. L. 107–314, div. A, title V, § 532(c)116 Stat. 2546Pub. L. 108–136, div. A, title V, § 524(c)117 Stat. 1464Pub. L. 109–364, div. A, title X, § 1071(a)(38)120 Stat. 2400Pub. L. 110–229, title VII, § 718(c)122 Stat. 869Pub. L. 110–417122 Stat. 4454Pub. L. 111–84, div. A, title V, § 527(c)123 Stat. 2288Pub. L. 112–239, div. A, title X, § 1076(f)(42)126 Stat. 1954Pub. L. 114–92, div. A, title V, § 556(c)129 Stat. 825Pub. L. 114–328, div. A, title V, § 566(c)130 Stat. 2139Pub. L. 115–232, div. A, title VIII132 Stat. 1832Pub. L. 116–283, div. A, title IX, § 923(d)(10)134 Stat. 3815Pub. L. 117–263, div. A, title V, § 552(c)136 Stat. 2592Pub. L. 118–31, div. A, title V137 Stat. 273Pub. L. 119–60, div. A, title V, § 555(c)139 Stat. 878(, , § 9342; , (6), , ; , , ; –(3), (5), , ; , , ; , , ; , , ; , , ; –(4), , ; , , ; , , ; , , ; , , ; , (b)(3), , , 661; , , ; , , ; , , ; , , ; , title XV, § 1502(a)(1), , , 502; , , ; , title X, § 1067(1), , , 774; , title V, § 531(c)], , , 1654A–110; , , ; , title X, § 1031(a)(58), , , 1603; , , ; , , ; , [div. A], title V, § 540(c), , ; , , ; , , ; , , ; , , ; renumbered § 9442 and amended , §§ 806(a)(3), 809(a), , , 1840; , , ; , , ; , §§ 561(c), 562(c), title XVII, § 1721(c)(2), , , 274, 666; , , .)
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Historical and Revision Notes |
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Revised section | Source (U.S. Code) | Source (Statutes at Large) |
9342(a)
| 10:1092a (1st par., less clauses (a) through (e)). 10:1092a (clauses (a), less 14th through 52d words after 4th semicolon; and less last 32 words). | R.S. 1317. June 30, 1950, ch. 421, §§ 1, 2 (last proviso), 64 stat. 303, 304; June 3, 1954, ch. 251, § 2, 68 Stat. 169. |
| 10:1092a (1st 13 words of clause (b)). | |
| 10:1092a (1st 26 words of clause (c)). | |
| 10:1092a (clause (d)). | |
| 10:1092a (clause (e), less last 53 words). | |
9342(b) | 10:1092a (last par.). | |
| 10:1098. | |
9342(c) | 10:1092a (14th through 52d words after 4th semicolon of clause (a)). | |
| 10:1092b (last proviso). | |
9342(d) | 10:1092a (last 32 words of clause (a)). | |
9342(e) | 10:1092a (clause (b), less 1st 13 words, and less 1st proviso). | |
9342(f) | 10:1092a (1st proviso of clause (b)). | |
9342(g) | 10:1092a (clause (c), less 1st 26 words). | |
9342(h) | 10:1092a (last 53 words of clause (e)). | |
In subsection (a), the words “the authorized strength * * * is as follows—” are substituted for the words “shall be authorized and consist of the following”. The words “at large” and “which totals two thousand four hundred and ninety-six”, and 10:1092a (clause (d)) are omitted as surplusage.
In subsection (b), the words “from whatever source of admission”, in 10:1092a, are omitted as surplusage. 10:1098 (words before last semicolon) is omitted as obsolete.
In subsection (c), the first 15 words are substituted for the words “all of which cadets shall be”. The words “domiciled in” are substituted for the words “actual residents of” to conform to opinions of the Judge Advocate General of the Army (R. 29, 83; J.A.G. 351.11, ).
section 745 of title 38In subsection (e)(4), the words “armed forces” are substituted for the description of the land or naval forces. The date , fixed by Proclamation No. 3080 (; 20 F.R. 173), is substituted for the words “such date as shall thereafter be determined by Presidential proclamation or concurrent resolution of the Congress under ”. The words “including male and female members of * * * and all components thereof” are omitted as surplusage.
In subsection (f), the words “whether a death is service-connected” are substituted for the words “as to the service connection of the cause of death”.
In subsection (g), the words “(National Guard of the United States, the Air National Guard of the United States and Army Reserve, and the Air Force Reserve)”, “Regular components”, “by members of the National Guard of the United States, and the Air National Guard of the United States”, and “established at the competitive entrance examination” are omitted as surplusage. The word “grades” is substituted for the words “proficiency averages”.
In subsection (h), the words “or shall hereafter be” are omitted as surplusage.
Editorial Notes
Prior Provisions
section 9492 of this titleA prior section 9442 was renumbered .
Pub. L. 98–525, title XV, § 1533(b)(1)98 Stat. 2632Pub. L. 106–398Another prior section 9442, added , , , related to assistance of Civil Air Patrol by other agencies, prior to the general amendment of former chapter 909 (now 959) of this title by .
Amendments
Pub. L. 119–602025—Subsec. (a). substituted “up to 14 ranked or unranked alternates” for “9 ranked or unranked alternates” in concluding provisions.
Pub. L. 118–31, § 561(c)(1)2023—Subsec. (a). , substituted “15 persons” for “10 persons” in concluding provisions.
Pub. L. 118–31, § 562(c)Subsec. (a)(8). , substituted “Five” for “Four”.
Pub. L. 118–31, § 1721(c)(2)(A)Subsec. (b)(1)(C). , inserted “, or the Space Force,” after “members of reserve components”.
Pub. L. 118–31, § 1721(c)(2)(B)Subsec. (b)(2). , struck out “Regular” before “Space Force”.
Pub. L. 118–31, § 561(c)(2)Subsec. (b)(5). , substituted “200” for “150”.
Pub. L. 117–2632022—Subsec. (b)(5). substituted “paragraphs (3) through (10)” for “paragraphs (3) and (4)”.
Pub. L. 116–283, § 923(d)(10)(A)(i)2021—, substituted “cadets” for “Air Force Cadets” wherever appearing.
Pub. L. 116–283, § 923(d)(10)(A)(ii)Subsec. (b)(2). , inserted “or the Regular Space Force” after “Regular Air Force”.
Pub. L. 116–283, § 923(d)(10)(B)Subsec. (b)(4). , substituted “prescribed by the Secretary” for “prescribed by him”.
Pub. L. 115–232, § 806(a)(3)section 9342 of this title2018—, renumbered as this section.
Pub. L. 115–232, § 809(a)Subsec. (b)(5). , substituted “section 9443” for “section 9343”.
Pub. L. 114–3282016—Subsec. (a). inserted at end of concluding provisions “When a nominee of a Senator, Representative, or Delegate is selected for appointment as a cadet, the Senator, Representative, or Delegate shall be notified at least 48 hours before the official notification or announcement of the appointment is made.”
Pub. L. 114–92, § 556(c)(1)2015—Subsec. (a)(6). , substituted “Four” for “Three”.
Pub. L. 114–92, § 556(c)(2)Subsec. (a)(8). , substituted “Four” for “Three”.
Pub. L. 114–92, § 556(c)(3)Subsec. (a)(9). , substituted “Three” for “Two”.
Pub. L. 114–92, § 556(c)(4)Subsec. (a)(10). , substituted “Three” for “Two”.
Pub. L. 112–239, § 1076(f)(42)(A)(i)2013—Subsec. (b)(1). , substituted “paragraph” for “clause” in two places in concluding provisions.
Pub. L. 112–239, § 1076(f)(42)(A)(ii)Subsecs. (b)(5), (d), (f). –(C), substituted “paragraphs” for “clauses”.
Pub. L. 111–842009—Subsec. (a)(10). substituted “Two cadets” for “One cadet”.
Pub. L. 110–417, § 540(c)(1)2008—Subsec. (a). , substituted “4,400 or such lower number” for “4,000 or such higher number” in introductory provisions.
Pub. L. 110–229Subsec. (a)(10). substituted “Delegate in Congress” for “resident representative”.
Pub. L. 110–417, § 540(c)(2)Subsec. (j)(1). , struck out last sentence which read as follows: “However, no increase may be prescribed for any academic year after the 2007–2008 academic year.”
Pub. L. 109–3642006—Subsec. (a)(9). substituted “cadets” for “cadet”.
Pub. L. 108–136, § 524(c)(1)2003—Subsec. (a)(6), (8). , substituted “Three” for “Two”.
Pub. L. 108–136, § 524(c)(2)Subsec. (a)(9). , substituted “Two” for “One”.
Pub. L. 108–136, § 1031(a)(58)Subsec. (h). , substituted “Superintendent” for “Secretary of the Air Force”.
Pub. L. 107–314, § 532(c)(1)2002—Subsec. (a). , inserted before period at end of first sentence “or such higher number as may be prescribed by the Secretary of the Air Force under subsection (j)”.
Pub. L. 107–314, § 532(c)(2)Subsec. (j). , added subsec. (j).
Pub. L. 106–398, § 1 [[div. A]section 12731 of this titlesection 1331 of this title2000—Subsec. (b)(1)(B). , title V, § 531(c)(1)], struck out “, other than those granted retired pay under (or under as in effect before the effective date of the Reserve Officer Personnel Management Act)” after “retired or retainer pay”.
Pub. L. 106–398, § 1 [[div. A]Subsec. (b)(1)(C), (D). , title V, § 531(c)(2)], added subpars. (C) and (D).
Pub. L. 106–65, § 531(b)(3)(A)1999—Subsec. (a). , substituted “(determined for any year as of the day before the last day of the academic year) is 4,000. Subject to that limitation, Air Force Cadets are selected as follows:” for “is as follows:” in introductory provisions.
Pub. L. 106–65, § 1067(1)Subsec. (g). , substituted “and the Committee on Armed Services” for “and the Committee on National Security” in introductory provisions.
Pub. L. 106–65, § 531(b)(3)(B)Subsec. (i). , added subsec. (i).
Pub. L. 105–851997—Subsec. (a)(10). substituted “Mariana” for “Marianas”.
Pub. L. 104–106, § 532(c)1996—Subsec. (a)(10). , added par. (10).
Pub. L. 104–106, § 1502(a)(1)Subsec. (g). , substituted “Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives” for “Committees on Armed Services of the Senate and House of Representatives”.
Pub. L. 103–337section 12731 of this titlesection 1331 of this titlesection 1331 of this title1994—Subsec. (b)(1)(B). substituted “ (or under as in effect before the effective date of the Reserve Officer Personnel Management Act)” for “”.
Pub. L. 103–1601993—Subsec. (a). , in concluding provisions, substituted “10 persons” for “a principal candidate and nine alternates” and inserted at end “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 alternates for the purposes of selection under other provisions of this chapter.”
Pub. L. 101–510, § 532(c)(1)(A)1990—Subsec. (a)(8) to (10). , redesignated cls. (9) and (10) as (8) and (9), respectively, and struck out former cl. (8) which read as follows: “One cadet nominated by the Administrator of the Panama Canal Commission from the children of civilian personnel of the United States Government residing in the Republic of Panama who are citizens of the United States.”
Pub. L. 101–510, § 532(c)(1)(B)Subsec. (d). , substituted “clauses (2) through (9)” for “clauses (2)–(7), (9), or (10)”.
Pub. L. 101–510, § 532(c)(1)(C)Subsec. (f). , substituted “clauses (3) through (9)” for “clauses (3)–(7), (9) and (10)”.
Pub. L. 101–1891989—Subsec. (a)(1). substituted “Department of Veterans Affairs” for “Veterans’ Administration”.
Pub. L. 98–94, § 1005(b)(3)1983—Subsec. (a)(8). , substituted: “One cadet nominated by the Administrator of the Panama Canal Commission from the children of civilian personnel of the United States Government residing in the Republic of Panama who are citizens of the United States” for “One cadet nominated by the Governor of the Panama Canal from the children of civilians residing in the Canal Zone or the children of civilian personnel of the United States Government, or the Panama Canal Company, residing in the Republic of Panama”.
Pub. L. 98–94, § 1005(a)(3)Subsec. (a)(10). , substituted “One cadet from American Samoa, nominated by the Delegate in Congress from American Samoa” for “One cadet from American Samoa nominated by the Secretary of the Air Force upon recommendation of the Governor of American Samoa”.
Pub. L. 97–60section 9341a of this title1981—Subsec. (d). substituted provisions authorizing the Superintendent to nominate for appointment each year 50 persons from the country at large for provisions that all cadets were to be appointed by the President and that all such appointments were conditional until the cadets were admitted. See .
Pub. L. 96–6001980—Subsec. (a)(6), (9). substituted “Two cadets” for “One cadet”.
Pub. L. 96–513Subsec. (h). substituted “The” for “Effective beginning with the nominations for appointment to the Academy in the calendar year 1964, the”.
Pub. L. 94–1061975—Subsecs. (a)(1), (8), (b)(1), (c). substituted “children” for “sons” wherever appearing.
Pub. L. 93–171, § 3(1)1973—Subsec. (a)(6). , substituted “One cadet from the Virgin Islands, nominated by the Delegate in Congress from the Virgin Islands” for “Five cadets from each Territory, nominated by the Delegate in Congress from that Territory”.
Pub. L. 93–171, § 3(2)Subsec. (a)(9). , struck out reference to American Samoa and Virgin Islands.
Pub. L. 93–171, § 3(3)Subsec. (a)(10). , added cl. (10).
Pub. L. 93–171, § 3(4)Subsec. (f). , substituted “, (9) and (10) of subsection (a)” for “and (9) of subsection (a)” and struck out reference to Territory.
Pub. L. 92–3651972—Subsec. (a)(1). increased number of Air Force Cadets from 40 to 65 and added sons of members who are in missing status and sons of civilian employees who are in missing status as eligible for competitive examination.
Pub. L. 91–4051970—Subsec. (a)(5). substituted “delegate to the House of Representatives from the District of Columbia” for “Commissioner of that District”.
Pub. L. 90–3741968—Subsec. (a). increased from five to nine the number of alternates for each vacancy each Senator, Representative, and Delegate in Congress, including the Resident Commissioner from Puerto Rico, is entitled to nominate.
Pub. L. 90–623Subsec. (a)(5). substituted “Commissioner” for “Commissioners”.
Pub. L. 89–650, § 1(1)1966—Subsec. (a)(1). , provided for selection of cadets to the Air Force Academy from sons of members of the armed forces who have a 100 per centum service-connected disability and removed the limitation to active service during World War I or World War II or after , and before .
Pub. L. 89–650, § 1(2)Subsec. (a)(2). , provided for nominations to Air Force Academy by President pro tempore of Senate if there is no Vice President.
Pub. L. 89–650, § 1(3)Subsec. (b)(1). , increased number of Presidential appointments to Air Force Academy from 75 to 100, provided for selection of eligible persons as stated in items (A) and (B), previously chosen from sons of members of regular components, and declared persons eligible under subsec. (a)(1) ineligible under subsec. (b)(1) of this section.
Pub. L. 89–650, § 1(5)Subsec. (b)(3). , substituted “reserve components of the Air Force” for “the Air Force Reserve”.
Pub. L. 88–2761964— amended section generally, and among other changes, in the noncompetitive appointments, increased the number of cadets nominated by the Vice President from three to five, each Senator, Representative and Delegate from 4 to 5, and the Commissioner of Puerto Rico from 4 to 5, authorized the Governor of Puerto Rico to appoint one cadet, each Senator, Representative and Delegate to nominate a principal and five alternates for each vacancy, and, in the competitive appointments, permitted the President to appoint 75 cadets annually from the sons of members of the Regular components, instead of a cumulative total of 89, the Secretary of the Air Force to appoint 85 cadets annually from enlisted members of the Regular Air Force, instead of a cumulative total of 90, 85 annually from enlisted members of the Air Force Reserve, instead of a cumulative total of 90, 20 annually from honor graduates of designated honor schools and the A.F.R.O.T.C., instead of a cumulative total of 40 from honor schools only, 150 annually, in order of merit, from among the qualified alternates nominated by Members of Congress, and when the quota of cadets selected under subsec. (b)(1), (2), (3) is not filled, to fill the vacancies by appointing those best qualified from any of the three sources, decreased the number of cadets nominated by the Commissioners of the District of Columbia from 6 to 5, and by the Governor of the Panama Canal from 2 to 1, limited appointments to the number that can be adequately accommodated at the Academy, within the limitation that congressional appointments cannot be limited to less than four, and if limited, a priority of selection is established for the other categories, and, beginning in 1964, the Secretary may upon request of a Member of Congress, furnish him the name of any nominating authority responsible for the nomination of any identified person to the Academy.
Pub. L. 87–663, § 1(5)1962—Subsec. (a)(10). , added cl. (10).
Pub. L. 87–663, § 1(6)Subsec. (c). , inserted references to American Samoa, Guam, and the Virgin Islands, and substituted “Clauses (1)–(5) and (10)” for “clauses (1)–(5)”.
Statutory Notes and Related Subsidiaries
Effective Date of 2023 Amendment
section 561(c) of Pub. L. 118–31section 561(d) of Pub. L. 118–31section 7442 of this titleAmendment by applicable to nominations of candidates and appointments to the Service Academies for classes entering such Service Academies beginning with the 2025-2026 academic year, see , set out as a note under .
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 2016 Amendment
Pub. L. 114–328section 566(e) of Pub. L. 114–328section 7442 of this titleAmendment by applicable with respect to the appointment of cadets and midshipmen to the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, and the United States Merchant Marine Academy for classes entering these service academies after , see , set out as a note under .
Effective Date of 2015 Amendment
Pub. L. 114–92section 556(d) of Pub. L. 114–92section 7442 of this titleAmendment by applicable with respect to the nomination of candidates for appointment to the United States Military Academy, Naval Academy, and Air Force Academy for classes entering after , see , set out as a note under .
Effective Date of 2009 Amendment
Pub. L. 111–84section 527(d) of Pub. L. 111–84section 7442 of this titleAmendment by applicable with respect to appointments to the United States Air Force Academy beginning with the first class of candidates nominated for appointment after , see , set out as a note under .
Effective Date of 2008 Amendment
Pub. L. 110–417section 540(d) of Pub. L. 110–417section 7442 of this titleAmendment by applicable with respect to academic years at the Air Force Academy after the 2007–2008 academic year, see , set out as a note under .
Effective Date of 2003 Amendment
section 524(c) of Pub. L. 108–136section 524(d) of Pub. L. 108–136section 7442 of this titleAmendment by applicable with respect to nomination of candidates for appointment to United States Air Force Academy for classes entering after , see , set out as a note under .
Effective Date of 1994 Amendment
Pub. L. 103–337section 1691 of Pub. L. 103–337section 10001 of this titleAmendment by effective , except as otherwise provided, see , set out as an Effective Date note under .
Effective Date of 1981 Amendment
Pub. L. 97–60section 203(d) of Pub. L. 97–60section 7441a of this titleAmendment by effective with respect to nominations for appointment to the first class admitted to each Academy after , see , set out as an Effective Date note under .
Effective Date of 1980 Amendments
Pub. L. 96–600section 2(d) of Pub. L. 96–600section 7442 of this titleAmendment by effective beginning with nominations for appointment to the service academies for academic years beginning more than one year after , see , set out as a note under .
Pub. L. 96–513section 701(b)(3) of Pub. L. 96–513section 101 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1973 Amendment
Pub. L. 93–171section 4 of Pub. L. 93–171section 7442 of this titleAmendment by effective beginning with the nominations for appointment to the service academies in the calendar year 1974, see , set out as a note under .
Effective Date of 1970 Amendment
Pub. L. 91–405section 206(b) of Pub. L. 91–405section 25a of Title 2Amendment by effective , see , set out as an Effective Date note under , The Congress.
Effective Date of 1968 Amendment
Pub. L. 90–623section 6 of Pub. L. 90–623section 5334 of Title 5Amendment by intended to restate without substantive change the law in effect on , see , set out as a note under , Government Organization and Employees.
Effective Date; Interim System for Appointment of Cadets
Act Aug. 10, 1956, ch. 1041, § 52(b)70A Stat. 641Pub. L. 85–18271 Stat. 463, , as amended by , , , provided that section 9342(a) [now 9442(a)] of Title 10, Armed Forces would take effect four years after the entrance of the initial class at the United States Air Force Academy. However, for the four-year period beginning with the class of cadets entering in July 1959, not more than one quarter of the number of cadets authorized by clause (1), (2), (3), (4), (7), or (8) of that section could be appointed in any one academic year; two of the number of cadets authorized by clause (5) of that section could be appointed in the first and third years of that four-year period, and not more than one of the number authorized by it could be appointed in the second and fourth years of that period; and one cadet authorized by clause (6) of that section could be appointed in the first two years of that four-year period, and not more than one of the number authorized by it could be appointed in the second two years of that period. In addition, during that four-year period, the nominating authority named in clauses (1) to (6) of that section could select for each cadet allocated to him for the year concerned a principal candidate and not more than ten alternate candidates, or he could nominate as many candidates as the Secretary prescribed and authorize the Secretary to select the principal candidates in order of merit as determined by competitive examination. In carrying out section 9343 [now 9443] of Title 10, during that four-year period, only qualified alternates who were nominated by the authorities named in clauses (1) to (4) of section 9342(a) could be nominated for appointment as cadets. Not more than one qualified alternate nominated by any one authority named in those classes could be appointed as a cadet, after nomination under section 9343 [now 9443], during each year of that four-year period.
Limitation on Number of Cadets and Midshipmen Authorized To Attend Service Academies
section 511 of Pub. L. 102–190section 7442 of this titleAuthorized strength of service academies not to exceed 4,000 per academy for class years beginning after 1994, and any reduction in number of appointments not to be achieved by reduction in number of appointments under subsec. (a) of this section, see , set out as a note under .
Eligibility of Female Individuals for Appointment and Admission to Service Academies; Uniform Application of Academic and Other Standards to Male and Female Individuals
section 803(a) of Pub. L. 94–106section 7442 of this titleSecretary required to take such action as may be necessary and appropriate to insure that (1) female individuals shall be eligible for appointment and admission to the United States Air Force Academy, beginning 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 essential adjustments in such standards required because of physiological differences between male and female individuals, see , set out as a note under .
Secretary To Implement Policy of Expeditious Admission of Women to the Academy
section 803(c) of Pub. L. 94–106section 7442 of this titleSecretary 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 admission of women to the Academy, consistent with the needs of the services, see , set out as a note under .