
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: 10USC8253]

 
                         TITLE 10--ARMED FORCES
 
                          Subtitle D--Air Force
 
                           PART II--PERSONNEL
 
                        CHAPTER 833--ENLISTMENTS
 
Sec. 8253. Air Force: persons not qualified

    In time of peace, no person may be accepted for original enlistment 
in the Air Force unless he is a citizen of the United States or has been 
lawfully admitted to the United States for permanent residence under the 
applicable provisions of the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.).

(Aug. 10, 1956, ch. 1041, 70A Stat. 503; Pub. L. 87-143, Sec. 1(2), Aug. 
17, 1961, 75 Stat. 364; Pub. L. 90-235, Sec. 2(a)(4)(A), Jan. 2, 1968, 
81 Stat. 756; Pub. L. 96-513, title V, Sec. 514(2), Dec. 12, 1980, 94 
Stat. 2935.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
8253(a)...............................  10:622.                              R.
S. 1118; Feb. 27, 1877, ch. 69
8253(b)...............................  10:623.                               (
17th par.), 19 Stat. 242; July
                                        10:624.                               2
9, 1941, ch. 325, 55 Stat. 606.
8253(c)...............................  10:625.
                                        ...................................  R.
S. 1998; restated Aug. 22, 1912,
                                                                              c
h. 336, Sec.  1, 37 Stat. 356;
                                                                              O
ct. 14, 1940, ch. 876, Sec.  504
                                                                              (
9th clause), 54 Stat. 1172.
                                        ...................................  Au
g. 1, 1894, ch. 179, Sec.  2, 28
                                                                              S
tat. 216; June 14, 1920, ch. 286,
                                                                              4
1 Stat. 1077.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``an armed force'' are substituted for 
the words ``the military service of the United States''. The words ``and 
no person'' are omitted as surplusage. The last sentence is substituted 
for 10:622 (proviso). The words ``by regulations or otherwise'' are 
omitted, since the Secretary has inherent authority to issue regulations 
appropriate to exercising his statutory functions. Since the authority 
to enlist deserters ``in meritorious cases'', granted to the Secretary 
by 10:622 is equivalent to or broader than his authority to do so under 
10:624, the applicability of 10:624 to 10:622 is omitted as surplusage.
    In subsection (b), the word ``soldier'', in 10:623, is omitted as 
covered by the word ``person''. The last sentence is substituted for 
10:624.
    In subsections (b) and (c), the first 15 words and the proviso of 
section 2 of the Act of August 1, 1894, ch. 179, 28 Stat. 216, are not 
contained in 10:623 or 625. They are also omitted from the revised 
section, since the first 15 words are superseded by section 8256(a) of 
this title, and the proviso is executed.
    In subsection (c), the words ``(except an Indian)'', in section 2 of 
the Act of August 1, 1894, ch. 179, 28 Stat. 216, are not contained in 
10:625. They are also omitted from the revised section, since section 
201(b) of the Act of October 14, 1940, ch. 876, 54 Stat. 1138 (8 U.S.C. 
601), provides that Indians are citizens and nationals of the United 
States. The words ``may be accepted for original'' are substituted for 
the words ``shall be enlisted for the first''.

                       References in Text

    The Immigration and Nationality Act, referred to in text, is act 
June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is classified 
principally to chapter 12 (Sec. 1101 et seq.) of Title 8, Aliens and 
Nationality. For complete classification of this Act to the Code, see 
Short Title note set out under section 1101 of Title 8 and Tables.


                               Amendments

    1980--Pub. L. 96-513 substituted ``the Immigration and Nationality 
Act (8 U.S.C 1101 et seq.)'' for ``chapter 12 of title 8''.
    1968--Pub. L. 90-235 struck out provisions formerly set out as 
subsec. (a) disqualifying insane persons, intoxicated persons, deserters 
and convicted felons from service in the Air Force, and provisions 
formerly set out as subsec. (b) disqualifying from reenlistment in the 
Air Force persons whose service during their last term of enlistment was 
not honest and faithful, and redesignated as entire section provisions 
formerly set out as subsec. (c).
    1961--Subsec. (c). Pub. L. 87-143 substituted ``a citizen of the 
United States or has been lawfully admitted to the United States for 
permanent residence under the applicable provisions of chapter 12 of 
title 8'' for ``, or has made a legal declaration of intention to 
become, a citizen of the United States''.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of this 
title.


 Enlistment of Citizens of Northern Mariana Islands in Armed Forces of 
       United States; Termination of Period Within Which To Enlist

    For authorization, notwithstanding sections 3253 and 8253 of this 
title, of a citizen of the Northern Mariana Islands to enlist in the 
Armed Forces of the United States upon meeting certain requirements and 
for termination of the enlistment period, see Pub. L. 96-351, Sept. 15, 
1980, 94 Stat. 1161, set out as a note under section 3253 of this title.
