
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC4343]

 
                         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

    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 clauses (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, Sec. 1(2), Mar. 
3, 1964, 78 Stat. 150; Pub. L. 93-171, Sec. 1(5), Nov. 29, 1973, 87 
Stat. 690; Pub. L. 102-25, title VII, Sec. 701(f)(5), Apr. 6, 1991, 105 
Stat. 115.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
4343..................................  10:1092d.                            Ju
ne 30, 1950, ch. 421, Sec.  4, 64
                                                                              S
tat. 305.
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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''.


                               Amendments

    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, Sec. 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.''

                  Section Referred to in Other Sections

    This section is referred to in section 4342 of this title.
