republic-os/legal/us/code/title-10/chapter-953/section-9443.md

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LegalText	10 U.S.C. § 9443	Cadets: appointment; to bring to full strength	us	united_states_code	code_section	10	ARMED FORCES	953	UNITED STATES AIR FORCE ACADEMY	9443	10 U.S.C. § 9443	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip	/us/usc/t10/s9443	data/legal/raw/us/code/title-10/usc10.xml	ebd9fc51c44bb3bfc953bf530464360faadd5287102d5c5b0b438724ebee340d	06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1	67be13a588524c43f6f3309242741bc2c491e2d0e982ecf42666b0220bab662c	2026-07-04	official	legal us-code

10 U.S.C. § 9443 - Cadets: appointment; to bring to full strength

Text

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 Air Force 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 Academy 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 9442(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. 564, § 9343; Pub. L. 88–276, § 4(2), Mar. 3, 1964, 78 Stat. 153; Pub. L. 89–718, § 46, Nov. 2, 1966, 80 Stat. 1121; Pub. L. 93–171, § 3(5), Nov. 29, 1973, 87 Stat. 691; Pub. L. 101–510, div. A, title V, § 532(a)(2), (c)(2), Nov. 5, 1990, 104 Stat. 1563, 1564; Pub. L. 112–239, div. A, title X, § 1076(f)(43), Jan. 2, 2013, 126 Stat. 1955; renumbered § 9443 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(a)(3), 809(a), Aug. 13, 2018, 132 Stat. 1832, 1840.)

Notes

Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 934310:1092d.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 9342(a), and clause (2) of section 9342(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”.

Editorial Notes

Prior ProvisionsPrior sections 9443 to 9445 were renumbered sections 9493 to 9495 of this title, respectively.

Amendments2018—Pub. L. 115–232 renumbered section 9343 of this title as this section and substituted “section 9442(a)” for “section 9342(a)”. 2013—Pub. L. 112–239 substituted “paragraphs” for “clauses”. 1990—Pub. L. 101–510, § 532(a)(2), (c)(2), amended section identically, substituting “clauses (2) through (8)” for “clauses (2)–(9)”. 1973—Pub. L. 93–171 substituted “clauses (2)–(9) of section 9342(a)” for “clauses (2)–(8) of section 9342(a)”. 1966—Pub. L. 89–718 substituted “Academy Board” for “Faculty”. 1964—Pub. L. 88–276, among other changes, increased percentage of nominees to be selected from two-thirds to three-fourths, and struck out “as are necessary to meet the needs of the Air Force, but not more than the authorized strength of Air Force cadets” after “the Faculty”.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1973 AmendmentFor effective date of amendment by Pub. L. 93–171, see section 4 of Pub. L. 93–171, set out as a note under section 7442 of this title.

Number of Alternate Appointees From Congressional Sources Not To Be Reduced Because of Additional Presidential AppointmentsNonreduction of number of appointees from congressional sources under this section because of additional Presidential appointments under section 9342(b) (1) of this title, see section 2 of Pub. L. 89–650, set out as a note under section 7443 of this title.