10-U.S.C.-4343
§4343 – Cadets: Appointment; to Bring Corps to Full Strength
Pathway
Title 10 > Subtitle B > Part III > Chapter 403 > Section 4343
Details
- Reference: Section 4343
- Legend: §4343 – Cadets: Appointment; to Bring Corps to Full Strength
- USCode Year: 2013
Provision Content
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.
(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.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 4343 | 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 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.
Amendments
2013—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 Amendment
Effective 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 Appointments
Pub. 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.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-4321 in the Legal Encyclopedia: Army
In this entry about 10-U.S.C.-4321, find legal reference material, bibliographies and premiere content related to army in the American Encyclopedia of Law, presenting a comprehensive view of the United States army-specific issues, written by authorities in the field.
10-U.S.C.-4317 in the Legal Encyclopedia: Military Training
In this entry about 10-U.S.C.-4317, find legal reference material, bibliographies and premiere content related to military training in the American Encyclopedia of Law, presenting a comprehensive view of the United States military training-specific issues, written by authorities in the field.
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