§6954. Midshipmen: number
(a) The authorized strength of the Brigade of Midshipmen (determined for any year as of the day before the last day of the academic year) is 4,400 or such lower number as may be prescribed by the Secretary of the Navy under subsection (h). Subject to that limitation, midshipmen are selected as follows:
(1) 65 selected in order of merit as established by competitive examination from the children of members of the armed forces who were killed in action or died of, or have a service-connected disability rated at not less than 100 per centum resulting from, wounds or injuries received or diseases contracted in, or preexisting injury or disease aggravated by, active service, children of members who are in a "missing status" as defined in section 551(2) of title 37, and children of civilian employees who are in "missing status" as defined in section 5561(5) of title 5. The determination of the Department of Veterans Affairs as to service connection of the cause of death or disability, and the percentage at which the disability is rated, is binding upon the Secretary of the Navy.
(2) Five nominated at large by the Vice President or, if there is no Vice President, by the President pro tempore of the Senate.
(3) Ten from each State, five of whom are nominated by each Senator from that State.
(4) Five nominated by each Representative in Congress.
(5) Five from the District of Columbia, nominated by the Delegate to the House of Representatives from the District of Columbia.
(6) Three from the Virgin Islands, nominated by the Delegate in Congress from the Virgin Islands.
(7) Six from Puerto Rico, five of whom are nominated by the Resident Commissioner from Puerto Rico and one who is a native of Puerto Rico nominated by the Governor of Puerto Rico.
(8) Three from Guam, nominated by the Delegate in Congress from Guam.
(9) Two from American Samoa, nominated by the Delegate in Congress from American Samoa.
(10) Two from the Commonwealth of the Northern Mariana Islands, nominated by the Delegate in Congress from the commonwealth.
Each Senator, Representative, and Delegate in Congress, including the Resident Commissioner from Puerto Rico, is entitled to nominate 10 persons for each vacancy that is available to him under this section. Nominees may be submitted without ranking or with a principal candidate and 9 ranked or unranked alternates. Qualified nominees not selected for appointment under this subsection shall be considered qualified alternates for the purposes of selection under other provisions of this chapter.
(b) In addition there may be appointed each year at the Academy midshipmen as follows:
(1) one hundred selected by the President from the children of members of an armed force who-
(A) are on active duty (other than for training) and who have served continuously on active duty for at least eight years;
(B) are, or who died while they were, retired with pay or granted retired or retainer pay;
(C) are serving as members of reserve components and are credited with at least eight years of service computed under section 12733 of this title; or
(D) would be, or who died while they would have been, entitled to retired pay under chapter 1223 of this title except for not having attained 60 years of age;
however, a person who is eligible for selection under clause (1) of subsection (a) may not be selected under this clause.
(2) 85 nominated by the Secretary of the Navy from enlisted members of the Regular Navy and the Regular Marine Corps.
(3) 85 nominated by the Secretary of the Navy from enlisted members of the Navy Reserve and the Marine Corps Reserve.
(4) 20 nominated by the Secretary of the Navy, under regulations prescribed by him, from the honor graduates of schools designated as honor schools by the Department of the Army, the Department of the Navy, or the Department of the Air Force, and from members of the Naval Reserve Officer's Training corps.
(5) 150 selected by the Secretary of the Navy in order of merit (prescribed pursuant to section 6956 of this title) from qualified alternates nominated by persons named in clauses (3) and (4) of subsection (a).
(c) The President may also appoint as midshipmen at the Academy children of persons who have been awarded the medal of honor for acts performed while in the armed forces.
(d) The Superintendent of the Naval Academy may nominate for appointment each year 50 persons from the country at large. Persons nominated under this paragraph may not displace any appointment authorized under clauses (2) through (9) of subsection (a) and may not cause the total strength of midshipmen at the Naval Academy to exceed the authorized number.
(e) The Secretary of the Navy may limit the number of midshipmen appointed under subsection (b)(5). When he does so, if the total number of midshipmen, upon admission of a new class at the Academy, will be more than 3,737, no appointments may be made under subsection (b)(2) or (3) of this section or section 6956 of this title.
(f) The Superintendent of the Naval Academy shall furnish to any Member of Congress, upon the written request of such Member, the name of the Congressman or other nominating authority responsible for the nomination of any named or identified person for appointment to the Academy.
(g) For purposes of the limitation in subsection (a) establishing the aggregate authorized strength of the Brigade of Midshipmen, the Secretary of the Navy may for any year permit a variance in that limitation by not more than one percent. In applying that limitation, and any such variance, the last day of an academic year shall be considered to be graduation day.
(h)(1) Beginning with the 2003–2004 academic year, the Secretary of the Navy may prescribe annual increases in the midshipmen strength limit in effect under subsection (a). For any academic year, any such increase shall be by no more than 100 midshipmen or such lesser number as applies under paragraph (3) for that year. Such annual increases may be prescribed until the midshipmen strength limit is 4,400.
(2) Any increase in the midshipmen strength limit under paragraph (1) with respect to an academic year shall be prescribed not later than the date on which the budget of the President is submitted to Congress under section 1105 of title 31 for the fiscal year beginning in the same year as the year in which that academic year begins. Whenever the Secretary prescribes such an increase, the Secretary shall submit to Congress a notice in writing of the increase. The notice shall state the amount of the increase in the midshipmen strength limit and the new midshipmen strength limit, as so increased, and the amount of the increase in Senior Navy Reserve Officers' Training Corps enrollment under each of sections 2104 and 2107 of this title.
(3) The amount of an increase under paragraph (1) in the midshipmen strength limit for an academic year may not exceed the increase (if any) for the preceding academic year in the total number of midshipmen enrolled in the Navy Senior Reserve Officers' Training Corps program under chapter 103 of this title who have entered into an agreement under section 2104 or 2107 of this title.
(4) In this subsection, the term "midshipmen strength limit" means the authorized maximum strength of the Brigade of Midshipmen.
(Aug. 10, 1956, ch. 1041,
All provisions of law authorizing appointments to the Naval Academy from various sources are collected in this section. The language is extensively changed to meet the needs of this organization of the source material. In those provisions that now authorize "appointments" by other than the President, the language is changed to indicate that the process is one of selection where the law requires selection by competitive examination, and to show that other candidates are nominated. The manner of appointing the selectees and nominees, in all cases, is covered in §6953 of this title. In the case of nominees from States, the District of Columbia, Territories, and from Puerto Rico, the qualification that the nominees must be from the political subdivisions from which nominated is indicated. The requirement that the nominees be actual residents of the political subdivisions is contained in §6958(b) of this title.
In subsection (a)(1) the words "armed forces" are substituted for the description of the land and naval forces. The words "including male and female members of" and "of all components thereof" are omitted as surplusage.
In subsection (a)(1)(B), the date February 1, 1955, fixed by Proclamation No. 3080 (Jan. 7, 1955; 20 F.R. 173), is substituted for the words "such date as shall thereafter be determined by Presidential proclamation or concurrent resolution of the Congress under section 745 of title 38".
In subsection (b)(1) the qualification that appointees must be from the sons of members of the various "regular" components of the armed forces is added, as "Army, Navy, Air Force, Marine Corps, and Coast Guard" are so interpreted in this statute.
In subsection (c) the proviso "That all such appointees are otherwise qualified for admission" is omitted as covered by §6958 of this title setting forth qualifications of all candidates.
The applicability to the United States Military Academy in the Act of June 8, 1926, ch. 492, as amended (34 U.S.C. 1036a; 10 U.S.C. 1091a), was repealed by section 6(c) of the Act of June 30, 1950, ch. 421,
1962 Act
The change reflects the change of the name of the Panama Railroad Company to the Panama Canal Company by section 2(a)(2) of the Act of September 26, 1950 (
1982 Act
In 10:6954(f), the word "The" is substituted for "Effective beginning with the nominations for appointment to the Academy in the calendar year 1964, the" to eliminate executed words.
Amendments
2009-Subsec. (a)(10).
2008-Subsec. (a).
Subsec. (a)(10).
Subsec. (h)(1).
2006-Subsec. (b)(3).
2003-Subsec. (a)(6), (8).
Subsec. (a)(9).
Subsec. (f).
2002-Subsec. (a).
Subsec. (h).
2001-Subsec. (a).
2000-Subsec. (b)(1)(B).
Subsec. (b)(1)(C), (D).
1999-Subsec. (a).
Subsec. (g).
1997-Subsec. (a)(10).
1996-Subsec. (a)(10).
1994-Subsec. (b)(1)(B).
1993-Subsec. (a).
1990-Subsec. (a)(8) to (10).
Subsec. (d).
1989-Subsec. (a)(1).
1983-Subsec. (a)(8).
Subsec. (a)(10).
1982-Subsec. (f).
1981-Subsecs. (d) to (f).
1980-Subsec. (a)(6), (9).
1975-Subsecs. (a)(1), (8), (b)(1), (c).
1973-Subsec. (a)(6).
Subsec. (a)(9).
Subsec. (a)(10).
1972-Subsec. (a)(1).
1970-Subsec. (a)(5).
1968-Subsec. (a).
Subsec. (a)(5).
1966-Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b)(1).
1964-Subsec. (a).
Subsec. (b)(2), (3), (5).
Subsecs. (d), (e).
1962-Subsec. (a).
Effective Date of 2009 Amendment
Amendment by
Effective Date of 2008 Amendment
Amendment by
Effective Date of 2003 Amendment
Amendment by section 524(b) of
Effective Date of 2001 Amendment
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1973 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Limitation on Number of Cadets and Midshipmen Authorized To Attend Service Academies
Authorized strength of service academies not to exceed 4,000 per academy for class years beginning after 1994, and any reduction in number of appointments not to be achieved by reduction in number of appointments under subsec. (a) of this section, see section 511 of
Eligibility of Female Individuals for Appointment and Admission to Service Academies; Uniform Application of Academic and other Standards to Male and Female Individuals
Secretary to take such action as may be necessary and appropriate to insure that (1) female individuals shall be eligible for appointment and admission to the United States Naval Academy, beginning with appointments to such academy for the class beginning in calendar year 1976, and (2) the academic and other relevant standards required for appointment, admission, training, graduation, and commissioning of female individuals shall be the same as those required for male individuals, except for those minimum essential adjustments in such standards required because of physiological differences between male and female individuals, see section 803(a) of
Secretary To Implement Policy of Expeditious Admission of Women to the Academy
Secretary to continue to exercise the authority granted under this chapter and chapters 403 and 903 of this title, but such authority to be exercised within a program providing for the orderly and expeditious admission of women to the Academy, consistent with the needs of the services, see section 803(c) of