
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: 10USC8257]

 
                         TITLE 10--ARMED FORCES
 
                          Subtitle D--Air Force
 
                           PART II--PERSONNEL
 
                        CHAPTER 833--ENLISTMENTS
 
Sec. 8257. Regular Air Force: aviation cadets; qualifications, 
        grade, limitations
        
    (a) The grade of aviation cadet is a special enlisted grade in the 
Regular Air Force.
    (b) Any citizen of the United States may be enlisted as an aviation 
cadet, if he is otherwise qualified.
    (c) Any enlisted member of the Regular Air Force who is otherwise 
qualified may be designated, with his consent, as an aviation cadet by 
the Secretary of the Air Force.
    (d) Except in time of war or of emergency declared by Congress, at 
least 20 percent of the aviation cadets designated in each fiscal year 
shall be selected from members of the Regular Air Force or the Regular 
Army who are eligible and qualified. No person may be enlisted or 
designated as an aviation cadet unless--
        (1) he agrees in writing that, upon his successful completion of 
    the course of training as an aviation cadet, he will accept a 
    commission as second lieutenant in the Air Force Reserve, and will 
    serve on active duty as such for a period of three years, unless 
    sooner released; and
        (2) if under 21 years of age, he has the consent of his parent 
    or guardian to his agreement.

    (e) While on active duty, an aviation cadet is entitled to uniforms, 
clothing, and equipment at the expense of the United States.

(Aug. 10, 1956, ch. 1041, 70A Stat. 504; Pub. L. 85-861, Sec. 33(a)(37), 
Sept. 2, 1958, 72 Stat. 1566; Pub. L. 96-513, title II, Sec. 237, Dec. 
12, 1980, 94 Stat. 2887.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
8257(a)...............................  10:297a.                             Ju
ne 3, 1941, ch. 165, Secs.  1, 3
8257(b)...............................  10:299 (1st sentence, less last 19    (
1st and 2d sentences), 55 Stat.
                                         words).                              2
39.
8257(c)...............................  10:291f-2 (less 1st 55 words of 1st  Ju
ne 13, 1949, ch. 199, Sec.  3, 63
                                         proviso).                            S
tat. 175.
                                        10:299 (last 19 words of 1st
                                         sentence).
8257(d)...............................  10:291f-2 (1st 55 words of 1st
                                         proviso).
                                        10:299 (2d sentence).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (b), the words ``Under such regulations as the 
Secretary of the Army may prescribe'' are omitted, since the Secretary 
has inherent authority to issue regulations appropriate to exercising 
his statutory functions.
    In subsection (c), the words ``who is otherwise qualified'' and 
``with his consent'' are substituted for 10: 291f-2 (less 1st 55 words 
of 1st proviso).
    In subsection (d), the first sentence is substituted for 10:291f-2 
(proviso). The words ``after June 13, 1940'' (the date of enactment of 
the source statute) are substituted for the word ``hereafter'', in 
10:291f-2. The words ``after June 13, 1949'', in 10:291f-2, are omitted 
as executed. The first 17 words of the last sentence are substituted for 
10:299 (1st 20 words of 2d sentence). Clause (2) is substituted for 
10:299 (proviso of 2d sentence).

                            1958 Act

    The new subsection (e) is necessary to reflect the last 11 words of 
the second sentence of section 4 of the Army Aviation Cadet Act 
(formerly 10 U.S.C. 304), which were omitted from the original military 
codification act, the Act of August 10, 1956, chapter 1041, as part of 
the source law for section 20(b) of that Act (70A Stat. 627). See Senate 
Report No. 2484, 84th Congress, 2d Session, page 738. Since the source 
law did not permit the payment of a money allowance to an aviation cadet 
in place of the issuance of uniforms, clothing, and equipment, as may be 
done for enlisted members generally, it is necessary to restate this 
provision separately. See Opinion of the Deputy General Counsel, 
Department of Defense, May 29, 1957.


                               Amendments

    1980--Subsec. (b). Pub. L. 96-513 substituted ``Any citizen'' for 
``Any male citizen''.
    Subsec. (c). Pub. L. 96-513 substituted ``Any enlisted member'' for 
``Any male enlisted member''.
    1958--Subsec. (e). Pub. L. 85-861 added subsec. (e).


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Sept. 15, 1981, but the 
authority to prescribe regulations under the amendment by Pub. L. 96-513 
effective on Dec. 12, 1980, see section 701 of Pub. L. 96-513, set out 
as a note under section 101 of this title.


                    Effective Date of 1958 Amendment

    Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section 
33(g) of Pub. L. 85-861, set out as a note under section 101 of this 
title.
