[USC02] 10 USC Ch. 853: UNITED STATES NAVAL ACADEMY
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10 USC Ch. 853: UNITED STATES NAVAL ACADEMY
From Title 10—ARMED FORCESSubtitle C—Navy and Marine CorpsPART III—EDUCATION AND TRAINING

CHAPTER 853—UNITED STATES NAVAL ACADEMY

Sec.
8451.
Location.
8451a.
Superintendent.
8452.
Civilian teachers: number; compensation.
8453.
Midshipmen: appointment.
8454.
Midshipmen: number.
8455.
Midshipmen: allotment upon redistricting of Congressional Districts.
8456.
Midshipmen: nomination and selection to fill vacancies.
8458.
Midshipmen: qualifications for admission.
8459.
Midshipmen: agreement for length of service.
8460.
Midshipmen: clothing and equipment; uniform allowance.
8461.
Midshipmen: dismissal for best interests of the service.
8462.
Midshipmen: discharge for unsatisfactory conduct or inaptitude.
8463.
Midshipmen: discharge for deficiency.
8464.
Hazing: definition; prohibition.
8465.
Failure to report violation: dismissal.
8466.
Course of study.
8467.
Degree on graduation.
8468.
Board of Visitors.
8469.
Band: composition.
8470.
Permanent professors: promotion.
8470a.
Permanent professors: retirement for years of service; authority for deferral.
8471.
Midshipmen's store, trade shops, dairy, and laundry: nonappropriated fund instrumentality and accounts.
8472.
Chapel: crypt and window spaces.
8473.
Gifts, bequests, and loans of property: acceptance for benefit and use of Naval Academy.
8474.
United States Naval Academy Museum Fund: references to Fund.
8475.
Acceptance of guarantees with gifts for major projects.
8476.
Operation of Naval Academy dairy farm.
8477.
Grants for faculty research for scientific, literary, and educational purposes: acceptance; authorized grantees.
8478.
Mixed-funded athletic and recreational extracurricular programs: authority to manage appropriated funds in same manner as nonappropriated funds.
8479.
Midshipmen: charges and fees for attendance; limitation.
8480.
Policy on sexual harassment and sexual violence.
8481.
Support of athletic and physical fitness programs.

        

Prior Provisions

A prior chapter 853, consisting of sections 8681 to 8693, related to miscellaneous rights and benefits in the Air Force, prior to renumbering as chapter 933 of this title.

Amendments

2018Pub. L. 115–232, div. A, title VIII, §807(e)(3), (f)(1), Aug. 13, 2018, 132 Stat. 1837, 1838, redesignated chapter 603 of this title as this chapter and items 6951 to 6956 and 6958 to 6981 as 8451 to 8456 and 8458 to 8481, respectively.

2016Pub. L. 114–328, div. A, title XII, §1248(b)(2)(B), Dec. 23, 2016, 130 Stat. 2525, struck out items 6957 "Selection of persons from foreign countries", 6957a "Exchange program with foreign military academies", and 6957b "Foreign and cultural exchange activities".

2013Pub. L. 112–239, div. A, title V, §542(b), Jan. 2, 2013, 126 Stat. 1737, added item 6981.

2008Pub. L. 110–417, [div. A], title V, §541(b)(2), Oct. 14, 2008, 122 Stat. 4455, added item 6957b.

Pub. L. 110–181, div. A, title V, §508(a)(2), Jan. 28, 2008, 122 Stat. 97, added items 6970 and 6970a and struck out former item 6970 "Permanent professors: retirement for years of service; authority for deferral".

2006Pub. L. 109–364, div. A, title X, §1071(g)(2), Oct. 17, 2006, 120 Stat. 2402, made technical correction to directory language of Pub. L. 108–375, §544(b)(2). See 2004 Amendment note below.

Pub. L. 109–364, div. A, title V, §532(d)(2), title X, §1071(a)(34), Oct. 17, 2006, 120 Stat. 2206, 2400, substituted colon for semicolon in item 6965 and added item 6980.

Pub. L. 109–163, div. A, title V, §509(b)(2), Jan. 6, 2006, 119 Stat. 3230, added item 6970.

2004Pub. L. 108–375, div. A, title V, §545(b)(2), Oct. 28, 2004, 118 Stat. 1908, added item 6979.

Pub. L. 108–375, div. A, title V, §544(b)(2), Oct. 28, 2004, 118 Stat. 1907, as amended by Pub. L. 109–364, div. A, title X, §1071(g)(2), Oct. 17, 2006, 120 Stat. 2402, added item 6978.

2000Pub. L. 106–398, §1 [[div. A], title IX, §942(e)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A-242, added items 6973 and 6974 and struck out former items 6973 "Gifts and bequests: acceptance for benefit of Naval Academy" and 6974 "Gifts and bequests: acceptance for benefit of museum".

1999Pub. L. 106–65, div. A, title V, §532(a)(4)(D), div. B, title XXVIII, §2871(b)(2), Oct. 5, 1999, 113 Stat. 604, 875, added items 6951a and 6975.

1998Pub. L. 105–261, div. A, title X, §1063(b)(2), Oct. 17, 1998, 112 Stat. 2131, added item 6977.

1997Pub. L. 105–85, div. A, title V, §542(b)(2), div. B, title XXVIII, §2871(a)(2), Nov. 18, 1997, 111 Stat. 1742, 2015, added items 6957a and 6976.

1996Pub. L. 104–201, div. A, title III, §370(d), Sept. 23, 1996, 110 Stat. 2499, struck out item 6970 "Storekeeper: detail; returns; inspection of accounts" and substituted "trade shops, dairy, and laundry: nonappropriated fund instrumentality and accounts" for "laundry, barber shop, cobbler shop, tailor shop, and dairy: disposition of funds" in item 6971.

1994Pub. L. 103–337, div. A, title V, §556(b)(2), Oct. 5, 1994, 108 Stat. 2775, which amended analysis by adding item 6975 "Athletics program: athletic director; nonappropriated fund account", was repealed by Pub. L. 104–106, div. A, title V, §533(b), Feb. 10, 1996, 110 Stat. 315, as amended by Pub. L. 105–85, div. A, title X, §1073(d)(1)(C), Nov. 18, 1997, 111 Stat. 1905.

1983Pub. L. 98–94, title X, §1004(b)(2), Sept. 24, 1983, 97 Stat. 659, substituted "Selection of persons from foreign countries" for "Admission of foreigners for instruction: restrictions, conditions" in item 6957.

§8451. Location

The United States Naval Academy shall be located at Annapolis, Maryland.

(Aug. 10, 1956, ch. 1041, 70A Stat. 428, §6951; renumbered §8451, Pub. L. 115–232, div. A, title VIII, §807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
6951 34 U.S.C. 1021. R.S. 1511.

The words "United States" are inserted before the words "Naval Academy" to state the full title. The word "established" is omitted as executed. The words "in the State of" are omitted as surplusage.

Prior Provisions

A prior section 8451, act Aug. 10, 1956, ch. 1041, 70A Stat. 524, provided that an officer who is promoted to a temporary grade is considered to have accepted his promotion on date of order announcing it, unless he expressly declines promotion, prior to repeal by Pub. L. 96–513, title II, §207, Dec. 12, 1980, 94 Stat. 2884, effective Sept. 15, 1981.

Amendments

2018Pub. L. 115–232 renumbered section 6951 of this title as this section.

Effective Date of 2018 Amendment

Amendment 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.

§8451a. Superintendent

(a) There is a Superintendent of the United States Naval Academy. The immediate governance of the Naval Academy is under the Superintendent.

(b) The Superintendent shall be detailed to that position by the President. As a condition for detail to that position, an officer shall acknowledge that upon termination of that detail the officer shall be retired pursuant to section 8371(a) of this title, unless such retirement is waived under section 8371(b) of this title.

(c) An officer who is detailed to the position of Superintendent shall be so detailed for a period of not less than three years. In any case in which an officer serving as Superintendent is reassigned or retires before having completed three years service as Superintendent, or otherwise leaves that position (other than due to death) without having completed three years service in that position, the Secretary of the Navy shall submit to Congress notice that such officer left the position of Superintendent without having completed three years service in that position, together with a statement of the reasons why that officer did not complete three years service in that position.

(Added Pub. L. 106–65, div. A, title V, §532(a)(2)(B), Oct. 5, 1999, 113 Stat. 603, §6951a; amended Pub. L. 108–375, div. A, title V, §541(b)(2), Oct. 28, 2004, 118 Stat. 1903; renumbered §8451a and amended Pub. L. 115–232, div. A, title VIII, §§807(c)(1), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)

Amendments

2018Pub. L. 115–232, §807(c)(1), renumbered section 6951a of this title as this section.

Subsec. (b). Pub. L. 115–232, §809(a), substituted "section 8371(a)" for "section 6371(a)" and "section 8371(b)" for "section 6371(b)".

2004—Subsec. (b). Pub. L. 108–375, §541(b)(2)(A), inserted before period at end "pursuant to section 6371(a) of this title, unless such retirement is waived under section 6371(b) of this title".

Subsec. (c). Pub. L. 108–375, §541(b)(2)(B), added subsec. (c).

Effective Date of 2018 Amendment

Amendment 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.

Application of Section to Superintendents Serving on October 5, 1999

Section not applicable to an officer serving on Oct. 5, 1999, in the position of Superintendent of the United States Military Academy, Naval Academy, or Air Force Academy for so long as that officer continues on and after that date to serve in that position without a break in service, see section 532(a)(5) of Pub. L. 106–65, set out as a note under section 7321 of this title.

§8452. Civilian teachers: number; compensation

(a) The Secretary of the Navy may employ as many civilians as professors, instructors, and lecturers at the Naval Academy as he considers necessary.

(b) The compensation of persons employed under this section is as prescribed by the Secretary.

(c) The Secretary of the Navy may, notwithstanding the provisions of subchapter V of chapter 55 of title 5 or section 6101 of such title, prescribe for persons employed under this section the following:

(1) The work schedule, including hours of work and tours of duty, set forth with such specificity and other characteristics as the Secretary determines appropriate.

(2) Any premium pay or compensatory time off for hours of work or tours of duty in excess of the regularly scheduled hours or tours of duty.


(d) The Secretary, to the extent he considers proper, may delegate the authority conferred by this section to any person in the Department of the Navy, with or without the authority to make successive redelegations.

(Aug. 10, 1956, ch. 1041, 70A Stat. 428, §6952; Pub. L. 106–65, div. A, title XI, §1107(b), Oct. 5, 1999, 113 Stat. 778; renumbered §8452, Pub. L. 115–232, div. A, title VIII, §807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
6952 34 U.S.C. 1071 (as applicable to Naval Academy). Aug. 2, 1946, ch. 756, §7(a) (as applicable to Naval Academy), 60 Stat. 854.
  5 U.S.C. 412a. Aug. 2, 1946, ch. 756, §39, 60 Stat. 858.

The words "for the proper instruction of naval personnel" and the words "be paid out of naval appropriations" are omitted as surplusage.

In subsection (c) the words "except the authority to prescribe regulations" are omitted, since 34 U.S.C. 1071 contains no authority for the Secretary of the Navy to prescribe regulations for the administration of that section.

Prior Provisions

A prior section 8452, added Pub. L. 85–861, §1(180)(E), Sept. 2, 1958, 72 Stat. 1532, provided that, notwithstanding any other provision of law, a medical or dental officer may be promoted to temporary grade of captain at any time after first anniversary of date upon which he graduated from a medical, osteopathic, or dental school, prior to repeal by Pub. L. 96–513, title II, §207, Dec. 12, 1980, 94 Stat. 2884, effective Sept. 15, 1981.

Amendments

2018Pub. L. 115–232 renumbered section 6952 of this title as this section.

1999—Subsecs. (c), (d). Pub. L. 106–65 added subsec. (c) and redesignated former subsec. (c) as (d).

Effective Date of 2018 Amendment

Amendment 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.

§8453. Midshipmen: appointment

Midshipmen at the Naval Academy shall be appointed by the President alone. An appointment is conditional until the midshipman is admitted.

(Aug. 10, 1956, ch. 1041, 70A Stat. 429, §6953; Pub. L. 97–60, title II, §203(b)(1), Oct. 14, 1981, 95 Stat. 1006; renumbered §8453, Pub. L. 115–232, div. A, title VIII, §807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)

Historical and Revision Notes

This section is included in this chapter without specific reference to statutory source to resolve the ambiguities and conflicts existing in the statutes relating to the appointment of midshipmen at the Naval Academy. The word "appoint" has been used in various statutes when the intent of Congress was to provide authority in the persons named to "choose," "select," or "nominate" for the office of midshipman. These statutes have been collected and codified in §6954 of this title, which reflects the various sources of nominees for "appointment" as midshipmen and the persons who may so "nominate" them. The actual appointing power resides in the President and this implied authority is herein expressed for clarity and for the purpose of uniformity of expression.

Amendments

2018Pub. L. 115–232 renumbered section 6953 of this title as this section.

1981Pub. L. 97–60 inserted provision that an appointment is conditional until the midshipman is admitted.

Effective Date of 2018 Amendment

Amendment 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 1981 Amendment

Amendment by Pub. L. 97–60 effective with respect to nominations for appointment to the first class admitted to each Academy after Oct. 14, 1981, see section 203(d) of Pub. L. 97–60, set out as an Effective Date note under section 7441a of this title.

§8454. 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) Four 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) Four from Guam, nominated by the Delegate in Congress from Guam.

(9) Three from American Samoa, nominated by the Delegate in Congress from American Samoa.

(10) Three 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. When a nominee of a Senator, Representative, or Delegate is selected for appointment as a midshipman, the Senator, Representative, or Delegate shall be notified at least 48 hours before the official notification or announcement of the appointment is made.

(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 paragraph (1) of subsection (a) may not be selected under this paragraph.

(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 8456 of this title) from qualified alternates nominated by persons named in paragraphs (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 paragraphs (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 8456 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, 70A Stat. 429, §6954; Pub. L. 87–651, title I, §124, Sept. 7, 1962, 76 Stat. 514; Pub. L. 87–663, §1(3), Sept. 14, 1962, 76 Stat. 547; Pub. L. 88–276, §2, Mar. 3, 1964, 78 Stat. 150; Pub. L. 89–650, §1(1)–(3), Oct. 13, 1966, 80 Stat. 896; Pub. L. 90–374, July 5, 1968, 82 Stat. 283; Pub. L. 90–623, §2(8), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 91–405, title II, §204(c), Sept. 22, 1970, 84 Stat. 852; Pub. L. 92–365, §1(2), Aug. 7, 1972, 86 Stat. 505; Pub. L. 93–171, §2(1)–(3), Nov. 29, 1973, 87 Stat. 690; Pub. L. 94–106, title VIII, §803(b)(1), Oct. 7, 1975, 89 Stat. 538; Pub. L. 96–600, §2(b), Dec. 24, 1980, 94 Stat. 3493; Pub. L. 97–60, title II, §203(b)(2), Oct. 14, 1981, 95 Stat. 1006; Pub. L. 97–295, §1(44), Oct. 12, 1982, 96 Stat. 1298; Pub. L. 98–94, title X, §1005(a)(2), (b)(2), Sept. 24, 1983, 97 Stat. 660; Pub. L. 101–189, div. A, title XVI, §1621(a)(1), Nov. 29, 1989, 103 Stat. 1602; Pub. L. 101–510, div. A, title V, §532(b)(1), Nov. 5, 1990, 104 Stat. 1563; Pub. L. 103–160, div. A, title V, §531, Nov. 30, 1993, 107 Stat. 1657; Pub. L. 103–337, div. A, title XVI, §1673(c), Oct. 5, 1994, 108 Stat. 3016; Pub. L. 104–106, div. A, title V, §532(b), Feb. 10, 1996, 110 Stat. 314; Pub. L. 105–85, div. A, title X, §1073(a)(62), Nov. 18, 1997, 111 Stat. 1903; Pub. L. 106–65, div. A, title V, §531(b)(2), Oct. 5, 1999, 113 Stat. 602; Pub. L. 106–398, §1 [[div. A], title V, §531(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-109; Pub. L. 107–107, div. A, title X, §1048(g)(1), Dec. 28, 2001, 115 Stat. 1228; Pub. L. 107–314, div. A, title V, §532(b), Dec. 2, 2002, 116 Stat. 2545; Pub. L. 108–136, div. A, title V, §524(b), title X, §1031(a)(55), Nov. 24, 2003, 117 Stat. 1464, 1603; Pub. L. 109–163, div. A, title V, §515(b)(1)(Q), Jan. 6, 2006, 119 Stat. 3233; Pub. L. 110–229, title VII, §718(b), May 8, 2008, 122 Stat. 869; Pub. L. 110–417, [div. A], title V, §540(b), Oct. 14, 2008, 122 Stat. 4454; Pub. L. 111–84, div. A, title V, §527(b), Oct. 28, 2009, 123 Stat. 2288; Pub. L. 112–239, div. A, title X, §1076(f)(40), Jan. 2, 2013, 126 Stat. 1954; Pub. L. 114–92, div. A, title V, §556(b), Nov. 25, 2015, 129 Stat. 824; Pub. L. 114–328, div. A, title V, §566(b), Dec. 23, 2016, 130 Stat. 2138; renumbered §8454 and amended Pub. L. 115–232, div. A, title VIII, §§807(c)(1), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)

Historical and Revision Notes
1956 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
6954(a)(1) 34 U.S.C. 1036a. June 8, 1926, ch. 492, par. 2, 44 Stat. 703; Dec. 1, 1942, ch. 650, 56 Stat. 1024; Nov. 24, 1945, ch. 493, 59 Stat. 586; June 30, 1950, ch. 421, §6(c), 64 Stat. 305; June 3, 1954, ch. 251, §1, 68 Stat. 168.
6954(a)(2) 34 U.S.C. 1037. May 28, 1928, ch. 820, 45 Stat. 788.
6954(a)(3)– (7) 34 U.S.C. 1032 (1st 31 words). Dec. 20, 1917, ch. 5, §1 (1st 31 words), 40 Stat. 430; Aug. 13, 1946, ch. 962, §16, 60 Stat. 1061; May 16, 1947, ch. 77, §1(o), 61 Stat. 100.
6954(a)(7) 34 U.S.C. 1034. Mar. 3, 1903, ch. 1010, 32 Stat. 1198 (2d par.).
6954(a)(8) 34 U.S.C. 1035a. June 8, 1939, ch. 195, 53 Stat. 814.
6954(b)(1) 34 U.S.C. 1039. Aug. 13, 1946, ch. 962, §16(a), 60 Stat. 1061; May 16, 1947, ch. 77, §1(o), 61 Stat. 100; June 30, 1950, ch. 421, §5, 64 Stat. 305.
6954(b)(2), (3) 34 U.S.C. 1032 (32d to 70th words). Dec. 20, 1917, ch. 5, §1 (32d to 70th words), 40 Stat. 430; Aug. 13, 1946, ch. 962, §16, 60 Stat. 1061.
6954(b)(4) 34 U.S.C. 1033a. Feb. 27, 1936, ch. 89, 49 Stat. 1144; June 6, 1941, ch. 175, 55 Stat. 246.
6954(c) 34 U.S.C. 1038. Nov. 24, 1945, ch. 492, 59 Stat. 586.

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, 64 Stat. 305.

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 (64 Stat. 1038).

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

2018Pub. L. 115–232, §807(c)(1), renumbered section 6954 of this title as this section.

Subsecs. (b)(5), (e). Pub. L. 115–232, §809(a), substituted "section 8456" for "section 6956".

2016—Subsec. (a). Pub. L. 114–328 inserted at end of concluding provisions "When a nominee of a Senator, Representative, or Delegate is selected for appointment as a midshipman, the Senator, Representative, or Delegate shall be notified at least 48 hours before the official notification or announcement of the appointment is made."

2015—Subsec. (a)(6). Pub. L. 114–92, §556(b)(1), substituted "Four" for "Three".

Subsec. (a)(8). Pub. L. 114–92, §556(b)(2), substituted "Four" for "Three".

Subsec. (a)(9). Pub. L. 114–92, §556(b)(3), substituted "Three" for "Two".

Subsec. (a)(10). Pub. L. 114–92, §556(b)(4), substituted "Three" for "Two".

2013—Subsec. (b)(1). Pub. L. 112–239, §1076(f)(40)(A)(i), substituted "paragraph" for "clause" in two places in concluding provisions.

Subsec. (b)(5), (d). Pub. L. 112–239, §1076(f)(40)(A)(ii), (B), substituted "paragraphs" for "clauses".

2009—Subsec. (a)(10). Pub. L. 111–84 substituted "Two" for "One".

2008—Subsec. (a). Pub. L. 110–417, §540(b)(1), substituted "4,400 or such lower number" for "4,000 or such higher number" in introductory provisions.

Subsec. (a)(10). Pub. L. 110–229 substituted "Delegate in Congress" for "resident representative".

Subsec. (h)(1). Pub. L. 110–417, §540(b)(2), struck out last sentence which read as follows: "However, no increase may be prescribed for any academic year after the 2007–2008 academic year."

2006—Subsec. (b)(3). Pub. L. 109–163 substituted "Navy Reserve" for "Naval Reserve".

2003—Subsec. (a)(6), (8). Pub. L. 108–136, §524(b)(1), substituted "Three" for "Two".

Subsec. (a)(9). Pub. L. 108–136, §524(b)(2), substituted "Two" for "One".

Subsec. (f). Pub. L. 108–136, §1031(a)(55), substituted "Superintendent of the Naval Academy" for "Secretary of the Navy".

2002—Subsec. (a). Pub. L. 107–314, §532(b)(1), inserted before period at end of first sentence "or such higher number as may be prescribed by the Secretary of the Navy under subsection (h)".

Subsec. (h). Pub. L. 107–314, §532(b)(2), added subsec. (h).

2001—Subsec. (a). Pub. L. 107–107 amended directory language of Pub. L. 106–65, §531(b)(2)(A). See 1999 Amendment note below.

2000—Subsec. (b)(1)(B). Pub. L. 106–398, §1 [[div. A], title V, §531(b)(1)], struck out ", other than those granted retired pay under section 12731 of this title (or under section 1331 of this title as in effect before the effective date of the Reserve Officer Personnel Management Act)" after "retired or retainer pay".

Subsec. (b)(1)(C), (D). Pub. L. 106–398, §1 [[div. A], title V, §531(b)(2)], added subpars. (C) and (D).

1999—Subsec. (a). Pub. L. 106–65, §531(b)(2)(A), as amended by Pub. L. 107–107, §1048(g)(1), substituted "(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 4,000. Subject to that limitation, midshipmen are selected as follows:" for "(a) There may be at the Naval Academy at any one time midshipmen as follows:" in introductory provisions.

Subsec. (g). Pub. L. 106–65, §531(b)(2)(B), added subsec. (g).

1997—Subsec. (a)(10). Pub. L. 105–85 substituted "Mariana" for "Marianas".

1996—Subsec. (a)(10). Pub. L. 104–106 added par. (10).

1994—Subsec. (b)(1)(B). Pub. L. 103–337 substituted "section 12731 of this title (or under section 1331 of this title as in effect before the effective date of the Reserve Officer Personnel Management Act)" for "section 1331 of this title".

1993—Subsec. (a). Pub. L. 103–160, in concluding provisions, substituted "10 persons" for "a principal candidate and nine alternates" and inserted at end "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."

1990—Subsec. (a)(8) to (10). Pub. L. 101–510, §532(b)(1)(A), redesignated cls. (9) and (10) as (8) and (9), respectively, and struck out former cl. (8) which read as follows: "One nominated by the Administrator of the Panama Canal Commission from the children of civilian personnel of the United States residing in the Republic of Panama who are citizens of the United States."

Subsec. (d). Pub. L. 101–510, §532(b)(1)(B), substituted "clauses (2) through (9)" for "clauses (2)–(7), (9), or (10)".

1989—Subsec. (a)(1). Pub. L. 101–189 substituted "Department of Veterans Affairs" for "Veterans' Administration".

1983—Subsec. (a)(8). Pub. L. 98–94, §1005(b)(2), substituted "One nominated by the Administrator of the Panama Canal Commission from the children of civilian personnel of the United States residing in the Republic of Panama who are citizens of the United States" for "One nominated by the Governor of the Panama Canal from the children of civilians residing in the Canal Zone or the children of civilian personnel of the United States Government, or the Panama Canal Company, residing in the Republic of Panama".

Subsec. (a)(10). Pub. L. 98–94, §1005(a)(2), substituted "One from American Samoa, nominated by the Delegate in Congress from American Samoa" for "One from American Samoa nominated by the Secretary of the Navy upon recommendation of the Governor of American Samoa".

1982—Subsec. (f). Pub. L. 97–295 substituted "The" for "Effective beginning with the nominations for appointment to the Academy in the calendar year 1964, the".

1981—Subsecs. (d) to (f). Pub. L. 97–60 added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively.

1980—Subsec. (a)(6), (9). Pub. L. 96–600 substituted "Two" for "One".

1975—Subsecs. (a)(1), (8), (b)(1), (c). Pub. L. 94–106 substituted "children" for "sons" wherever appearing.

1973—Subsec. (a)(6). Pub. L. 93–171, §2(1), substituted "One from the Virgin Islands, nominated by the Delegate in Congress from the Virgin Islands" for "Five from each Territory, nominated by the Delegate in Congress from that Territory".

Subsec. (a)(9). Pub. L. 93–171, §2(2), struck out reference to American Samoa and Virgin Islands.

Subsec. (a)(10). Pub. L. 93–171, §2(3), added cl. (10).

1972—Subsec. (a)(1). Pub. L. 92–365 increased the number of midshipmen from 40 to 65 and added sons of members who are in missing status and sons of civilian employees who are in missing status as eligible for competitive examination.

1970—Subsec. (a)(5). Pub. L. 91–405 substituted "Delegate to the House of Representatives from the District of Columbia" for "Commissioner of that District".

1968—Subsec. (a). Pub. L. 90–374 increased from five to nine the number of alternates for each vacancy each Senator, Representative, and Delegate in Congress, including the Resident Commissioner from Puerto Rico, is entitled to nominate.

Subsec. (a)(5). Pub. L. 90–623 substituted "Commissioner" for "Commissioners".

1966—Subsec. (a)(1). Pub. L. 89–650, §1(1), provided for selection of cadets to the Naval Academy from sons of members of the armed forces who have a 100 per centum service-connected disability and removed the limitation to active service during World War I or World War II or after June 26, 1950, and before Feb. 1, 1955.

Subsec. (a)(2). Pub. L. 89–650, §1(2), provided for nominations to the Naval Academy by the President pro tempore of the Senate if there is no Vice President.

Subsec. (b)(1). Pub. L. 89–650, §1(3), increased the number of Presidential appointments to the Naval Academy from 75 to 100, provided for selection of eligible persons as stated in items (A) and (B), previously chosen from sons of members of regular components, and declared persons eligible under subsec. (a)(1) ineligible under subsec. (b)(1) of this section.

1964—Subsec. (a). Pub. L. 88–276, §2(1), inserted "Each Senator, Representative, and Delegate in Congress, including the Resident Commissioner from Puerto Rico, is entitled to nominate a principal candidate and five alternates for each vacancy that is available to him under this section".

Subsec. (b)(2), (3), (5). Pub. L. 88–276, §2(2), reduced the number of nominees in cls. (2) and (3) from 160 to 85 and added cl. (5).

Subsecs. (d), (e). Pub. L. 88–276, §2(3), added subsecs. (d) and (e).

1962—Subsec. (a). Pub. L. 87–663 added cl. (9).

Pub. L. 87–651 substituted "Panama Canal Company" for "Panama Railroad Company" in cl. (8).

Effective Date of 2018 Amendment

Amendment 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 2016 Amendment

Amendment by Pub. L. 114–328 applicable with respect to the appointment of cadets and midshipmen to the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, and the United States Merchant Marine Academy for classes entering these service academies after Jan. 1, 2018, see section 566(e) of Pub. L. 114–328, set out as a note under section 7442 of this title.

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–92 applicable with respect to the nomination of candidates for appointment to the United States Military Academy, Naval Academy, and Air Force Academy for classes entering after Nov. 25, 2015, see section 556(d) of Pub. L. 114–92, set out as a note under section 7442 of this title.

Effective Date of 2009 Amendment

Amendment by Pub. L. 111–84 applicable with respect to appointments to the United States Naval Academy beginning with the first class of candidates nominated for appointment after Oct. 28, 2009, see section 527(d) of Pub. L. 111–84, set out as a note under section 7442 of this title.

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–417 applicable with respect to academic years at the United States Naval Academy after the 2007-2008 academic year, see section 540(d) of Pub. L. 110–417, set out as a note under section 7442 of this title.

Effective Date of 2003 Amendment

Amendment by section 524(b) of Pub. L. 108–136 applicable with respect to nomination of candidates for appointment to United States Naval Academy for classes entering after Nov. 24, 2003, see section 524(d) of Pub. L. 108–136, set out as a note under section 7442 of this title.

Effective Date of 2001 Amendment

Pub. L. 107–107, div. A, title X, §1048(g), Dec. 28, 2001, 115 Stat. 1228, provided that the amendment made by section 1048(g)(1) is effective as of Oct. 5, 1999, and as if included in Pub. L. 106–65 as enacted.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–60 effective with respect to nominations for appointment to the first class admitted to each Academy after Oct. 14, 1981, see section 203(d) of Pub. L. 97–60, set out as an Effective Date note under section 7441a of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–600 effective beginning with nominations for appointment to the service academies for academic years beginning more than one year after Dec. 24, 1980, see section 2(d) of Pub. L. 96–600 set out as a note under section 7442 of this title.

Effective Date of 1973 Amendment

Amendment by Pub. L. 93–171 effective beginning with the nominations for appointment to the service academies in the calendar year 1974, see section 4 of Pub. L. 93–171, set out as a note under section 7442 of this title.

Effective Date of 1970 Amendment

Amendment by Pub. L. 91–405 effective Sept. 22, 1970, see section 206(b) of Pub. L. 91–405, set out as an Effective Date note under section 25a of Title 2, The Congress.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of Title 5, Government Organization and Employees.

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 Pub. L. 102–190, set out as a note under section 7442 of this title.

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 Pub. L. 94–106, set out as a note under section 7442 of this title.

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 Pub. L. 94–106, set out as a note under section 7442 of this title.

§8455. Midshipmen: allotment upon redistricting of Congressional Districts

If as a result of redistricting a State the domicile of a midshipman, or a nominee, nominated by a Representative falls within a congressional district other than that from which he was nominated, he is charged to the district in which his domicile so falls. For this purpose, the number of midshipmen otherwise authorized for that district is increased to include him. However, the number as so increased is reduced by one if he fails to become a midshipman or when he is finally separated from the Naval Academy.

(Aug. 10, 1956, ch. 1041, 70A Stat. 430, §6955; renumbered §8455, Pub. L. 115–232, div. A, title VIII, §807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
6955 34 U.S.C. 1032–1. July 7, 1943, ch. 193, 57 Stat. 383.

The word "domicile" is substituted for the words "place of residence" to conform to the long-standing interpretation of this section (see also opinions of the Judge Advocate General of the Army R. 29, 83; J.A.G. 351.11, Feb. 10, 1925). The words "a congressional district other than that from which he was nominated" are substituted for the word "another". The words "were appointed with respect to", "of the former district", "as additional numbers", "at such academy for the Representative", "temporarily", and "in attendance at either academy under an appointment from such former district" are omitted as surplusage. The words "the district in which his domicile so falls" are substituted for the words "of the latter district". The words "to include him" are substituted for 34 U.S.C. 1032–1 (18 words before proviso). The words "However, the number as so increased" are substituted for 34 U.S.C. 1032–1 (1st 13 words of proviso). The words "if he fails to become a midshipman" are inserted for clarity.

Amendments

2018Pub. L. 115–232 renumbered section 6955 of this title as this section.

Effective Date of 2018 Amendment

Amendment 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.

§8456. Midshipmen: nomination and selection to fill vacancies

(a) If the annual quota of midshipmen from—

(1) enlisted members of the Regular Navy and the Regular Marine Corps;

(2) enlisted members of the Navy Reserve and the Marine Corps Reserve; or

(3) at large by the President;


is not filled, the Secretary may fill the vacancies by nominating for appointment other candidates from any of these sources who were found best qualified on examination for admission and not otherwise nominated.

(b) If it is determined that, upon the admission of a new class to the Academy, the number of midshipmen at the Academy will be below the authorized number, the Secretary may fill the vacancies by nominating additional midshipmen 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 subsection shall be from qualified alternates under paragraphs (2) through (8) of section 8454(a) of this title, and the remainder shall be from qualified candidates who competed for appointment under any other provision of law. An appointment of a nominee under this subsection is an additional appointment and is not in place of an appointment otherwise authorized by law.

(c) The failure of a member of a graduating class to complete the course with his class does not delay the appointment of his successor.

(Aug. 10, 1956, ch. 1041, 70A Stat. 430, §6956; Pub. L. 88–276, §3, Mar. 3, 1964, 78 Stat. 151; Pub. L. 90–374, July 5, 1968, 82 Stat. 283; Pub. L. 93–171, §2(4), Nov. 29, 1973, 87 Stat. 690; Pub. L. 94–106, title VIII, §803(b)(2), Oct. 7, 1975, 89 Stat. 538; Pub. L. 97–60, title II, §206, Oct. 14, 1981, 95 Stat. 1007; Pub. L. 101–510, div. A, title V, §532(b)(2), title XIII, §1322(a)(14), Nov. 5, 1990, 104 Stat. 1563, 1671; Pub. L. 109–163, div. A, title V, §515(b)(1)(R), Jan. 6, 2006, 119 Stat. 3233; Pub. L. 112–239, div. A, title X, §1076(f)(41), Jan. 2, 2013, 126 Stat. 1954; renumbered §8456 and amended Pub. L. 115–232, div. A, title VIII, §§807(c)(1), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
6956(a), (b), (c) 34 U.S.C. 1041. June 29, 1906, ch. 3590, 34 Stat. 578 (last par.).
6956(d) 34 U.S.C. 1040. Aug. 13, 1946, ch. 962, §14, 60 Stat. 1061.
6956(e) 34 U.S.C. 1049. June 30, 1950, ch. 421, §4, 64 Stat. 305.
6956(f) 34 U.S.C. 1047 (1st proviso). June 30, 1950, ch. 421, §2 (1st proviso), 64 Stat. 304.

The section is worded to indicate that all appointments are made by the President, and that, before appointment, prospective midshipmen are "nominees" or "candidates", as appropriate.

In subsection (b) the provision authorizing the Secretary of the Navy to nominate candidates in the event nominations to fill vacancies under subsection (a) are not made by March fourth is omitted as covered by subsection (e), the purpose of which was to assure the entrance of a full class each year.

Reference in subsection (e) to the strength of the "brigade of midshipmen" is dropped, since there is no statutory requirement that the midshipmen at the Academy be so organized, and the term is a recognition of current organization only. The language authorizing the Secretary, in his discretion, to nominate additional midshipmen to meet the needs of the armed services but not to exceed the authorized strength of the Academy is changed to authorize the Secretary to "fill the vacancies by nominating additional midshipmen". In exercising his discretion under this subsection, these factors are necessarily considered by the Secretary, irrespective of a specific provision so instructing him.

In subsection (f) the word "admission" is changed to the word "appointment", since the admission of a person is a consequence of, and follows automatically from, his appointment. The statement of reasons for failure to complete the course is omitted as unnecessary.

Amendments

2018Pub. L. 115–232, §807(c)(1), renumbered section 6956 of this title as this section.

Subsec. (b). Pub. L. 115–232, §809(a), substituted "section 8454(a)" for "section 6954(a)".

2013—Subsec. (b). Pub. L. 112–239 substituted "paragraphs" for "clauses".

2006—Subsec. (a)(2). Pub. L. 109–163 substituted "Navy Reserve" for "Naval Reserve".

1990—Subsec. (a). Pub. L. 101–510, §1322(a)(14), redesignated subsec. (b) as (a) and struck out former subsec. (a) which read as follows: "The Secretary of the Navy shall, as soon as possible after the first of June of each year, notify in writing each Senator, Representative, and delegate in Congress of any vacancy that will exist at the Naval Academy because of graduation in the following year, or that may occur for other reasons, for which the member or delegate is entitled to nominate a candidate and nine alternates."

Subsec. (b). Pub. L. 101–510, §1322(a)(14)(B), redesignated subsec. (c) as (b). Former subsec. (b) redesignated (a).

Subsec. (c). Pub. L. 101–510, §1322(a)(14)(B), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b).

Pub. L. 101–510, §532(b)(2), substituted "clauses (2) through (8)" for "clauses (2)–(9)".

Subsec. (d). Pub. L. 101–510, §1322(a)(14)(B), redesignated subsec. (d) as (c).

1981—Subsecs. (b) to (d). Pub. L. 97–60 redesignated subsecs. (d), (e), and (f) as (b), (c), and (d), respectively. Former subsec. (b) providing that a nomination following notification under subsection (a) be made by the fourth of March of the year following that in which notice of the vacancy was given and that, if the candidate died or declined the nomination, or if the nomination could not be made by reason of a vacancy in the membership of the Senate or the House of Representatives, the nomination could be made, as determined by the Secretary, not later than the date of the final entrance examination for that year, and former subsec. (c) providing that the nomination of candidates to fill vacancies for the District of Columbia, and selection of all candidates at large, be made by the fourth of March of the year in which the candidates were to enter the Academy, were struck out.

1975—Subsec. (d). Pub. L. 94–106 substituted "enlisted members" for "enlisted men" in pars. (1) and (2).

1973—Subsec. (e). Pub. L. 93–171 substituted reference to clauses (2)–(9) of section 6954(a) for reference to clauses (2)–(8) of section 6954(a).

1968—Subsec. (a). Pub. L. 90–374 substituted "nine alternates" for "five alternates".

1964—Subsec. (a). Pub. L. 88–276, §3(1), substituted "five alternates" for "one or more alternates".

Subsec. (e). Pub. L. 88–276, §3(2), substituted "three-fourths of those nominated" for "two-thirds of those nominated".

Effective Date of 2018 Amendment

Amendment 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 Amendment

For 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 Appointments

Nonreduction of number of appointees from congressional sources under this section because of additional presidential appointments under section 6954(b)(1) of this title, see note set out under section 7443 of this title.

§8458. Midshipmen: qualifications for admission

(a) Each candidate for admission to the Naval Academy—

(1) must be at least 17 years of age and must not have passed his twenty-third birthday on July 1 of the calendar year in which he enters the Academy; and

(2) shall be examined according to such regulations as the Secretary of the Navy prescribes, and if rejected at one examination may not be examined again for admission to the same class unless recommended by the Academic Board.


(b) Each candidate for admission nominated under clauses (3) through (9) of section 8454(a) of this title must be domiciled in the State, or in the congressional district, from which he is nominated, or in the District of Columbia, Puerto Rico, American Samoa, Guam, or the Virgin Islands, if nominated from one of those places.

(c) Each candidate nominated under clause (2) or (3) of section 8454(b) of this title

(1) must be a citizen of the United States;

(2) must have passed the required physical examination; and

(3) shall be appointed in the order of merit from candidates who have, in competition with each other, passed the required mental examination.


(d) To be admitted to the Naval Academy, an appointee must take and subscribe to an oath prescribed by the Secretary of the Navy. If a candidate for admission refuses to take and subscribe to the prescribed oath, the candidate's appointment is terminated.

(Aug. 10, 1956, ch. 1041, 70A Stat. 431, §6958; Pub. L. 87–663, §1(4), Sept. 14, 1962, 76 Stat. 547; Pub. L. 93–171, §2(5), Nov. 29, 1973, 87 Stat. 690; Pub. L. 101–510, div. A, title V, §532(b)(3), Nov. 5, 1990, 104 Stat. 1563; Pub. L. 102–190, div. A, title V, §512, Dec. 5, 1991, 105 Stat. 1360; Pub. L. 104–201, div. A, title V, §555(c), Sept. 23, 1996, 110 Stat. 2527; Pub. L. 105–85, div. A, title V, §541(a), Nov. 18, 1997, 111 Stat. 1740; renumbered §8458 and amended Pub. L. 115–232, div. A, title VIII, §§807(c)(1), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
6958(a)(1) 34 U.S.C. 1047 (less 1st proviso). June 30, 1950, ch. 421, §2 (less 1st proviso), 64 Stat. 304.
6958(a)(2) 34 U.S.C. 1043. R.S. 1515.
6958(b) 34 U.S.C. 1047 (2d proviso). June 30, 1950, ch. 421, §2 (2d proviso), 64 Stat. 304.
6958(c) 34 U.S.C. 1042. Mar. 4, 1917, ch. 180, 39 Stat. 1182 (1st par.).
  34 U.S.C. 1032 (less 1st 70 words). Dec. 20, 1917, ch. 5, §1 (less 1st 70 words), 40 Stat. 430; Aug. 13, 1946, ch. 962, §16, 60 Stat. 1061; May 16, 1947, ch. 77, §1(o), 61 Stat. 100.

In subsection (a) the effective date is omitted as executed. The words "at least 17 years of age and must not have passed his twenty-second birthday" are substituted for the words "not less than seventeen years of age and not more than twenty-two years of age" to remove ambiguity, and for uniformity of treatment of provisions of this type. The reference to time of examination is omitted as being included within the Secretary's authority to prescribe regulations, which is stated in the subsection. The words "Academic Board" are substituted for the words "board of examiners".

In subsection (b) the words "domiciled in" are substituted for the words "actual resident of" since this term has been so interpreted.

Amendments

2018Pub. L. 115–232, §807(c)(1), renumbered section 6958 of this title as this section.

Subsec. (b). Pub. L. 115–232, §809(a), substituted "clauses (3) through (9) of section 8454(a)" for "clauses (3) through (9) of section 6954(a)".

Subsec. (c). Pub. L. 115–232, §809(a), substituted "clause (2) or (3) of section 8454(b)" for "clause (2) or (3) of section 6954(b)" in introductory provisions.

1997—Subsec. (d). Pub. L. 105–85 added subsec. (d).

1996—Subsec. (a)(1). Pub. L. 104–201 substituted "twenty-third birthday" for "twenty-second birthday".

1991—Subsec. (c)(2) to (4). Pub. L. 102–190 redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which required candidates to have served at least one year as enlisted members on date of entrance.

1990—Subsec. (b). Pub. L. 101–510 substituted "clauses (3) through (9)" for "clauses (3)–(7), (9) and (10)".

1973—Subsec. (b). Pub. L. 93–171 substituted ", (9) and (10) of section 6954(a)" for "and (9) of section 6954(a)" and struck out "or Territory".

1962—Subsec. (b). Pub. L. 87–663 inserted references to American Samoa, Guam, and the Virgin Islands, and substituted "clauses (3)–(7) and (9)" for "clauses (3)–(7)".

Effective Date of 2018 Amendment

Amendment 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 Amendment

For 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.

Authority To Waive Maximum Age Limitation on Admission to Service Academies for Certain Enlisted Members Who Served During Persian Gulf War

For authority to waive maximum age limitation in subsec. (a)(1) of this section on basis of service on active duty in connection with Operation Desert Storm, see section 514 of Pub. L. 102–190, set out as a note under section 7446 of this title.

§8459. Midshipmen: agreement for length of service

(a) Each midshipman shall sign an agreement with respect to the midshipman's length of service in the armed forces. The agreement shall provide that the midshipman agrees to the following:

(1) That the midshipman will complete the course of instruction at the Naval Academy.

(2) That upon graduation from the Naval Academy the midshipman—

(A) will accept an appointment, if tendered, as a commissioned officer of the Regular Navy, the Regular Marine Corps, or the Regular Air Force; and

(B) will serve on active duty for at least five years immediately after such appointment.


(3) That if an appointment described in paragraph (2) is not tendered or if the midshipman is permitted to resign as a regular officer before completion of the commissioned service obligation of the midshipman, the midshipman—

(A) will accept an appointment as a commissioned officer in the Navy Reserve or the Marine Corps Reserve or as a Reserve in the Air Force for service in the Air Force Reserve; and

(B) will remain in that reserve component until completion of the commissioned service obligation of the midshipman.


(4) That if an appointment described in paragraph (2) or (3) is tendered and the midshipman participates in a program under section 2121 of this title, the midshipman will fulfill any unserved obligation incurred under this section on active duty, regardless of the type of appointment held, upon completion of, and in addition to, any service obligation incurred under section 2123 of this title for participation in such program.

(5) That the midshipman—

(A) will not seek release from the midshipman's commissioned service obligation to obtain employment as a professional athlete following graduation until the midshipman completes a period of at least two consecutive years of commissioned service; and

(B) understands that the appointment alternative described in paragraph (3) will not be used to allow the midshipman to obtain such employment until at least the end of that two-year period.


(b)(1) The Secretary of the Navy may transfer to the Navy Reserve or the Marine Corps Reserve, and may order to active duty for such period of time as the Secretary prescribes (but not to exceed four years), a midshipman who breaches an agreement under subsection (a). The period of time for which a midshipman is ordered to active duty under this paragraph may be determined without regard to section 651(a) of this title.

(2) A midshipman who is transferred to the Navy Reserve or Marine Corps Reserve under paragraph (1) shall be transferred in an appropriate enlisted grade or rating, as determined by the Secretary.

(3) For the purposes of paragraph (1), a midshipman shall be considered to have breached an agreement under subsection (a) if the midshipman is separated from the Naval Academy under circumstances which the Secretary determines constitute a breach by the midshipman of the midshipman's agreement to complete the course of instruction at the Naval Academy and accept an appointment as a commissioned officer upon graduation from the Naval Academy.

(c) The Secretary of the Navy shall prescribe regulations to carry out this section. Those regulations shall include—

(1) standards for determining what constitutes, for the purpose of subsection (b), a breach of an agreement under subsection (a);

(2) procedures for determining whether such a breach has occurred; and

(3) standards for determining the period of time for which a person may be ordered to serve on active duty under subsection (b).


(d) In this section, "commissioned service obligation", with respect to an officer who is a graduate of the Academy, means the period beginning on the date of the officer's appointment as a commissioned officer and ending on the sixth anniversary of such appointment or, at the discretion of the Secretary of Defense, any later date up to the eighth anniversary of such appointment.

(e)(1) This section does not apply to a midshipman who is not a citizen or national of the United States.

(2) In the case of a midshipman who is a minor and who has parents or a guardian, the midshipman may sign the agreement required by subsection (a) only with the consent of a parent or guardian.

(f) A midshipman or former midshipman who does not fulfill the terms of the agreement as specified under subsection (a), or the alternative obligation imposed under subsection (b), shall be subject to the repayment provisions of section 303a(e) or 373 of title 37.

(Aug. 10, 1956, ch. 1041, 70A Stat. 432, §6959; Pub. L. 88–276, §5(a), Mar. 3, 1964, 78 Stat. 153; Pub. L. 88–647, title III, §301(19), Oct. 13, 1964, 78 Stat. 1072; Pub. L. 98–525, title V, §§541(b), 542(c), Oct. 19, 1984, 98 Stat. 2529; Pub. L. 99–145, title V, §512(b), Nov. 8, 1985, 99 Stat. 624; Pub. L. 101–189, div. A, title V, §511(c), Nov. 29, 1989, 103 Stat. 1439; Pub. L. 104–106, div. A, title V, §531(b), Feb. 10, 1996, 110 Stat. 314; Pub. L. 109–163, div. A, title V, §515(b)(1)(S), title VI, §687(c)(10), Jan. 6, 2006, 119 Stat. 3233, 3335; Pub. L. 111–84, div. A, title X, §1073(a)(29), Oct. 28, 2009, 123 Stat. 2474; Pub. L. 111–383, div. A, title V, §554(b), Jan. 7, 2011, 124 Stat. 4221; Pub. L. 115–91, div. A, title V, §543(b), title VI, §618(a)(1)(L), Dec. 12, 2017, 131 Stat. 1395, 1426; renumbered §8459, Pub. L. 115–232, div. A, title VIII, §807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
6959 34 U.S.C. 1048. June 30, 1950, ch. 421, §3, 64 Stat. 304.

The words "Hereafter" and "appointed to the United States Naval Academy" are omitted as surplusage. The words "an agreement that * * * he will" are substituted for the words "articles * * * by which he shall engage". The word "separated" is substituted for the words "discharged by competent authority". The words "if tendered an appointment", "upon graduation from the United States Naval Academy", and "consecutive" are omitted as surplusage. The words "if he is permitted to resign" are substituted for the words "in the event of the acceptance of his resignation", since a resignation is effective only if accepted. The first 43 words of clause (3) are substituted for 34 U.S.C. 1048 (last 30 words of clause (3)). The last sentence is substituted for the words "with the consent of his parents or guardian if he be a minor, and if any he have."

Amendments

2018Pub. L. 115–232 renumbered section 6959 of this title as this section.

2017—Subsec. (a)(5). Pub. L. 115–91, §543(b), added par. (5).

Subsec. (f). Pub. L. 115–91, §618(a)(1)(L), inserted "or 373" before "of title 37".

2011—Subsec. (a)(4). Pub. L. 111–383 added par. (4).

2009—Subsec. (f). Pub. L. 111–84 substituted "subsection (a)" for "section (a)".

2006—Subsecs. (a)(3)(A), (b)(1), (2). Pub. L. 109–163, §515(b)(1)(S), substituted "Navy Reserve" for "Naval Reserve".

Subsec. (f). Pub. L. 109–163, §687(c)(10), added subsec. (f).

1996—Subsec. (a)(2)(B). Pub. L. 104–106 substituted "five years" for "six years".

1989—Subsec. (a)(2)(B). Pub. L. 101–189 substituted "six years" for "five years".

1985Pub. L. 99–145 amended section generally. Prior to amendment, section read as follows:

"(a) Each midshipman who is a citizen or national of the United States shall sign an agreement that he will—

"(1) unless sooner separated from the Naval Academy, complete the course of instruction at the Naval Academy;

"(2) accept an appointment and, unless sooner separated from the naval service, serve as a commissioned officer of the Regular Navy, the Regular Marine Corps, or the Regular Air Force for at least five years immediately after graduation; and

"(3) accept an appointment as a commissioned officer in the reserve component of the Navy or the Marine Corps or as a Reserve in the Air Force for service in the Air Force Reserve and, unless sooner separated from the naval service, remain therein until at least the sixth anniversary and, at the direction of the Secretary of Defense, up to the eighth anniversary of his graduation if an appointment in the regular component of that armed force is not tendered to him or if he is permitted to resign as a commissioned officer of that component before that anniversary.

If the midshipman is a minor and has parents or a guardian, he may sign the agreement only with the consent of the parents or guardian.

"(b) A midshipman who does not fulfill his agreement under subsection (a) may be transferred by the Secretary of the Navy to the Naval Reserve or the Marine Corps Reserve in an appropriate enlisted grade or rating, and, notwithstanding section 651 of this title, may be ordered to active duty to serve in that grade or rating for such period of time as the Secretary prescribes but not for more than four years."

1984—Subsec. (a). Pub. L. 98–525, §541(b), struck out ", unless sooner separated," in introductory text preceding "he will"; inserted in cl. (1) "unless sooner separated from the Naval Academy,"; and inserted ", unless sooner separated from the naval service," in cls. (2) and (3).

Subsec. (a)(3). Pub. L. 98–525, §542(c), substituted "at least the sixth anniversary and, at the direction of the Secretary of Defense, up to the eighth anniversary" for "the sixth anniversary".

1964Pub. L. 88–647 designated existing provisions as subsec. (a) and added subsec. (b).

Subsec. (a)(2). Pub. L. 88–276 substituted "five" for "three".

Effective Date of 2018 Amendment

Amendment 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 2017 Amendment

Revised cadet and midshipman service agreements under this section and sections 7448 and 9448 of this title applicable to cadets and midshipmen who are attending the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy on Dec. 12, 2017, and to persons who begin attendance at such military service academies on or after that date, see section 543(d) of Pub. L. 115–91, set out as a note under section 7448 of this title.

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–106 applicable to persons first admitted to United States Military Academy, United States Naval Academy, and United States Air Force Academy after Dec. 31, 1991, see section 531(e) of Pub. L. 104–106, set out as a note under section 7448 of this title.

Effective Date of 1989 Amendment

Amendment by Pub. L. 101–189 applicable to persons who are first admitted to one of the military service academies after Dec. 31, 1991, see section 511(e) of Pub. L. 101–189, as amended, set out as a note under section 2114 of this title.

Effective Date of 1985 Amendment

Amendment by Pub. L. 99–145 (other than with respect to the authority of the Secretary of the Navy to prescribe regulations) effective on the date on which regulations prescribed by the Secretary take effect and applicable to agreements entered into under this section on or after the effective date of such regulations and also with respect to each such agreement that was entered into before the effective date of such regulations by an individual who is a midshipman on such date, see section 512(e) of Pub. L. 99–145, set out as a note under section 7448 of this title.

Effective Date of 1984 Amendment

Amendment by section 541(b) of Pub. L. 98–525 applicable with respect to agreements entered into under this section before, on, or after Oct. 19, 1984, see section 541(d) of Pub. L. 98–525, set out as a note under section 7448 of this title.

Effective Date of 1964 Amendment; Obligated Period of Service

For effective date of amendment by Pub. L. 88–276, see section 5(c) of Pub. L. 88–276, set out as a note under section 7448 of this title.

Regulations Implementing 1985 Amendment

Secretary of the Navy to prescribe regulations required by subsec. (c) of this section as added by Pub. L. 99–145 not later than the end of the 90-day period beginning on Nov. 8, 1985, see section 512(d) of Pub. L. 99–145, set out as a note under section 7448 of this title.

Savings Provision

For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(c) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of this title.

Department of Defense Policy on Service Academy and ROTC Graduates Seeking To Participate in Professional Sports Before Completion of Their Active-Duty Service Obligations

Secretary of Defense to prescribe, not later than July 1, 2007, Department of Defense policy on whether to authorize service academy and ROTC graduates to participate in professional sports before the completion of their obligations for service on active duty, see section 533 of Pub. L. 109–364, set out as a note under section 7448 of this title.

§8460. Midshipmen: clothing and equipment; uniform allowance

The Secretary of the Navy may prescribe the amount to be credited to a midshipman, upon original admission to the Naval Academy, for the cost of his initial issue of clothing and equipment. That amount shall be deducted from his pay. If a midshipman is discharged before graduation while owing the United States for pay advanced for the purchase of required clothing and equipment, he shall turn in as much of his clothing and equipment of a distinctively military nature as is necessary to repay the amount advanced. If the value of the clothing and equipment turned in does not cover the amount owed, the indebtedness shall be canceled.

(Aug. 10, 1956, ch. 1041, 70A Stat. 432, §6960; renumbered §8460, Pub. L. 115–232, div. A, title VIII, §807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
6960 34 U.S.C. 1052a. Aug. 22, 1951, ch. 340, §1, 65 Stat. 196.

The word "new" before "midshipmen" and the word "subsequently" after "deducted" are omitted as surplusage. The words "while owing the United States for pay advanced for the purchase of" are substituted for the words "who is indebted to the United States on account of advances of pay to purchase".

Amendments

2018Pub. L. 115–232 renumbered section 6960 of this title as this section.

Effective Date of 2018 Amendment

Amendment 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.

§8461. Midshipmen: dismissal for best interests of the service

(a) Whenever the Superintendent of the Naval Academy believes that the continued presence of any midshipman at the Academy is contrary to the best interest of the service, he shall report in writing to the Secretary of the Navy a full statement of the facts upon which his belief is based. If the Secretary determines from the report that the Superintendent's belief is well founded, the Secretary shall serve a copy of the report on the midshipman. Within such time as the Secretary considers reasonable, the midshipman shall show cause in writing why he should not be dismissed from the Academy. The Secretary, after consideration of any cause so shown, and with the written approval of the President, may dismiss the midshipman from the Academy and from the naval service.

(b) The truth of any issue of fact raised under subsection (a), except as to the record of demerits, shall be determined by a court of inquiry convened by the Secretary.

(Aug. 10, 1956, ch. 1041, 70A Stat. 432, §6961; renumbered §8461, Pub. L. 115–232, div. A, title VIII, §807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
6961 34 U.S.C. 1062. Apr. 9, 1906, ch. 1370, §1, 34 Stat. 104.

The words "court of inquiry" are substituted for the words "board of inquiry" to conform to the terminology of the Uniform Code of Military Justice. The words "under the rules and regulations for the government of the Navy" are omitted as unnecessary.

Amendments

2018Pub. L. 115–232 renumbered section 6961 of this title as this section.

Effective Date of 2018 Amendment

Amendment 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.

Delegation of Functions

For delegation to Secretary of Defense of authority vested in President by section 1062 of former Title 34, see Ex. Ord. No. 10621, July 1, 1955, 20 F.R. 4759, set out as a note under section 301 of Title 3, The President.

§8462. Midshipmen: discharge for unsatisfactory conduct or inaptitude

(a) The Superintendent of the Naval Academy shall submit to the Secretary of the Navy in writing a full report of the facts—

(1) whenever the Superintendent determines that the conduct of a midshipman is unsatisfactory; or

(2) whenever the Academic Board unanimously determines that midshipman possesses insufficient aptitude to become a commissioned officer in the naval service.


(b) A midshipman upon whom a report is made under subsection (a) shall be given an opportunity to examine the report and submit a written statement thereon. If the Secretary believes, on the basis of the report and statement, that the determination of the Superintendent or of the Academic Board is reasonable and well founded, he may discharge the midshipman from the Naval Academy and from the naval service.

(Aug. 10, 1956, ch. 1041, 70A Stat. 432, §6962; renumbered §8462, Pub. L. 115–232, div. A, title VIII, §807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
6962 34 U.S.C. 1062a. Dec. 11, 1945, ch. 562, 59 Stat. 605.

Amendments

2018Pub. L. 115–232 renumbered section 6962 of this title as this section.

Effective Date of 2018 Amendment

Amendment 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.

§8463. Midshipmen: discharge for deficiency

Midshipmen found deficient at any examination shall, unless the Academic Board recommends otherwise, be discharged from the Naval Academy and from the naval service.

(Aug. 10, 1956, ch. 1041, 70A Stat. 433, §6963; renumbered §8463, Pub. L. 115–232, div. A, title VIII, §807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
6963 34 U.S.C. 1053. R.S. 1519; restored Oct. 22, 1921, ch. 113, §2, 42 Stat. 207.

Amendments

2018Pub. L. 115–232 renumbered section 6963 of this title as this section.

Effective Date of 2018 Amendment

Amendment 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.

§8464. Hazing: definition; prohibition

(a) In this chapter, the term "hazing" means any unauthorized assumption of authority by a midshipman whereby another midshipman suffers or is exposed to any cruelty, indignity, humiliation, hardship, or oppression, or the deprivation or abridgement of any right.

(b) The Superintendent of the Naval Academy shall prescribe regulations, to be approved by the Secretary of the Navy, to prevent hazing.

(c) Hazing is an offense that may be dealt with as an offense against good order and discipline or as a violation of the regulations of the Naval Academy. However, no midshipman may be dismissed for a single act of hazing except by sentence of a court-martial.

(d) The finding and sentence of a court-martial of a midshipman for hazing shall be reviewed in the manner prescribed for general court-martial cases.

(e) A midshipman who is sentenced to imprisonment for hazing may not be confined with persons who have been convicted of crimes or misdemeanors.

(f) A midshipman who is dismissed from the Academy for hazing may not be reappointed as a midshipman or be appointed as a commissioned officer in the Army, Navy, Air Force, or Marine Corps until two years after the graduation of the class of which he was a member.

(Aug. 10, 1956, ch. 1041, 70A Stat. 433, §6964; Pub. L. 99–145, title XIII, §1301(c)(2), Nov. 8, 1985, 99 Stat. 736; Pub. L. 101–189, div. A, title XVI, §1622(e)(8), Nov. 29, 1989, 103 Stat. 1605; renumbered §8464, Pub. L. 115–232, div. A, title VIII, §807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
6964(a) 34 U.S.C. 1064. Apr. 9, 1906, ch. 1370, §4, 34 Stat. 105.
6964(b) 34 U.S.C. 1063. Mar. 3, 1903, ch. 1010, 32 Stat. 1198 (1st 28 words of 1st proviso).
6964(c) 34 U.S.C. 1065. Apr. 9, 1906, ch. 1370, §2 (last 54 words), 34 Stat. 104.
6964(d), (e) 34 U.S.C. 1066. June 23, 1874, ch. 453, 18 Stat. 203; Mar. 3, 1903, ch. 1010, 32 Stat. 1198 (29th to 49th word of 1st proviso); Apr. 9, 1906, ch. 1370, §3, 34 Stat. 104; May 5, 1950, ch. 169, §11, 64 Stat. 146.
6964(f) 34 U.S.C. 1067. Mar. 3, 1903, ch. 1010, 32 Stat. 1198 (last 43 words of 1st proviso).

In subsection (a) the words "privilege, or advantage to which he shall legally be entitled" are omitted as surplusage, since they are covered by the word "right". The definition in this subsection is made applicable throughout the chapter to cover §6965 of this title, since the reference in that section to hazing was also derived from the act which is the source for this subsection.

In subsection (b) the words "prescribe regulations * * * to prevent hazing" are substituted for the words "make such rules * * * as will effectually prevent the practice of hazing".

In subsection (c) the words "dealt with" are substituted for the words "proceeded against, dealt with, and punished". The word "regulations" is substituted for the word "rules" for uniformity and the words "and breaches" are omitted as surplusage. The words "except by sentence of a court-martial" are substituted for the words "except under the provisions of section three of this Act" because §3 of the source statute provided for a Naval Academy court-martial with special provisions for handling cases involving hazing. The enactment of the Uniform Code of Military Justice made midshipmen at the Naval Academy subject to the same military law which applies generally to the naval service, thereby superseding the special type of court-martial for midshipmen. A court-martial under the Uniform Code of Military Justice has the power to sentence anyone convicted by it to dismissal if authorized by the Table of Maximum Punishments.

In subsections (d) and (e) all that part of the source text preceding the proviso is omitted as superseded by the Uniform Code of Military Justice. The words "in a military or naval prison or elsewhere" are omitted as surplusage.

Amendments

2018Pub. L. 115–232 renumbered section 6964 of this title as this section.

1989—Subsec. (a). Pub. L. 101–189 inserted ", the term" after "In this chapter".

1985—Subsec. (e). Pub. L. 99–145 substituted "persons" for "men".

Effective Date of 2018 Amendment

Amendment 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.

§8465. Failure to report violation: dismissal

(a) Each officer stationed at the Naval Academy, each midshipman officer, each midshipman petty officer, and each civilian member of the teaching staff of the Academy shall report promptly to the Superintendent of the Naval Academy any fact that tends to show the commission of hazing or any violation of an Academy regulation by a midshipman.

(b) An officer of the naval service who fails to make a report required by subsection (a) shall be tried by court-martial and if convicted shall be dismissed from the naval service.

(c) A civilian member of the teaching staff of the Academy who fails to make a report required by subsection (a) shall, with the approval of the Secretary of the Navy, be dismissed by the Superintendent.

(Aug. 10, 1956, ch. 1041, 70A Stat. 433, §6965; renumbered §8465, Pub. L. 115–232, div. A, title VIII, §807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
6965 34 U.S.C. 1068. Apr. 9, 1906, ch. 1370, §5, 34 Stat. 105.

In subsection (a) the words "each officer stationed at the Naval Academy, each midshipman officer, each midshipman petty officer, and each civilian member of the teaching staff of the Academy shall" are substituted for the words "it shall be the duty of every professor, assistant professor, academic officer, or any cadet officer or cadet petty officer, or instructor, as well as every other officer stationed at the United States Naval Academy to" to state the current applicability of the provision. The words "commission of hazing" are substituted for the words "violation * * * of any of the provisions of this Act".

In subsection (b) the words "for neglect of duty" are omitted inasmuch as the Uniform Code of Military Justice sets out the offenses for which persons subject to the Code may be tried.

Amendments

2018Pub. L. 115–232 renumbered section 6965 of this title as this section.

Effective Date of 2018 Amendment

Amendment 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.

§8466. Course of study

(a) The course at the Naval Academy is four years.

(b) The Secretary of the Navy shall arrange the course so that classes will not be held on Sunday.

(Aug. 10, 1956, ch. 1041, 70A Stat. 434, §6966; renumbered §8466, Pub. L. 115–232, div. A, title VIII, §807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
6966(a) 34 U.S.C. 1054. Mar. 7, 1912, ch. 53 (1st 11 words), 37 Stat. 73.
6966(b) 34 U.S.C. 1056. R.S. 1526.

In subsection (b) the words "of studies and the order of recitations" are omitted as surplusage. The words "classes will not be held on Sunday" are substituted for the words "students in said institution shall not be required to pursue their studies on Sunday".

Amendments

2018Pub. L. 115–232 renumbered section 6966 of this title as this section.

Effective Date of 2018 Amendment

Amendment 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.

§8467. Degree on graduation

Under regulations prescribed by the Secretary of the Navy, the Superintendent of the Naval Academy may confer the degree of bachelor of science upon graduates of the Academy.

(Aug. 10, 1956, ch. 1041, 70A Stat. 434, §6967; renumbered §8467, Pub. L. 115–232, div. A, title VIII, §807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
6967 34 U.S.C. 1057a (less last sentence). May 25, 1933, ch. 37, 48 Stat. 73 (less last sentence); Aug. 9, 1946, ch. 932, 60 Stat. 968; Aug. 4, 1949, ch. 393, §13, 63 Stat. 559; Aug. 18, 1949, ch. 476, 63 Stat. 614.

The word "regulations" is substituted for the words "such rules and regulations". Since the Naval Academy is now accredited, the words "from and after the date of accrediting of said Academy" are omitted as executed.

Amendments

2018Pub. L. 115–232 renumbered section 6967 of this title as this section.

Effective Date of 2018 Amendment

Amendment 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.

Degrees for Persons Who Graduated Before Accrediting of Naval Academy

Act Aug. 10, 1956, ch. 1041, §35, 70A Stat. 634, provided in part that, under conditions prescribed by the Secretary of the Navy, the Superintendent of the United States Naval Academy "may confer the degree of bachelor of science upon living graduates of [the] Academy who were graduated before the date of accrediting of [the] Academy and who have met the requirements of [the] Academy for that degree."

§8468. Board of Visitors

(a) A Board of Visitors to the Naval Academy is constituted annually of—

(1) the chairman of the Committee on Armed Services of the Senate, or his designee;

(2) three other members of the Senate designated by the Vice President or the President pro tempore of the Senate, two of whom are members of the Committee on Appropriations of the Senate;

(3) the chairman of the Committee on Armed Services of the House of Representatives, or his designee;

(4) four other members of the House of Representatives designated by the Speaker of the House of Representatives, two of whom are members of the Committee on Appropriations of the House of Representatives; and

(5) six persons designated by the President.


(b) The persons designated by the President serve for three years each except that any member whose term of office has expired shall continue to serve until his successor is appointed. The President shall designate two persons each year to succeed the members whose terms expire that year.

(c) If a member of the Board dies or resigns, a successor shall be designated for the unexpired portion of the term by the official who designated the member.

(d) The Board shall visit the Academy annually. With the approval of the Secretary of the Navy, the Board or its members may make other visits to the Academy in connection with the duties of the Board or to consult with the Superintendent of the Academy.

(e) The Board shall inquire into the state of morale and discipline, the curriculum, instruction, physical equipment, fiscal affairs, academic methods, and other matters relating to the Academy that the Board decides to consider.

(f) Within 60 days after its annual visit, the Board shall submit a written report to the President of its action and of its views and recommendations pertaining to the Academy. Any report of a visit, other than the annual visit, shall, if approved by a majority of the members of the Board, be submitted to the President within 60 days after the approval.

(g) Upon approval by the Secretary, the Board may call in advisers for consultation.

(h) While performing his duties, each member of the Board and each adviser shall be reimbursed under Government travel regulations for his travel expenses.

(Aug. 10, 1956, ch. 1041, 70A Stat. 434, §6968; Pub. L. 96–579, §13(b), Dec. 23, 1980, 94 Stat. 3369; Pub. L. 104–106, div. A, title X, §1061(e)(2), title XV, §1502(a)(12), Feb. 10, 1996, 110 Stat. 443, 503; Pub. L. 106–65, div. A, title X, §1067(1), Oct. 5, 1999, 113 Stat. 774; renumbered §8468, Pub. L. 115–232, div. A, title VIII, §807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
6968(a), (b) 34 U.S.C. 1083. June 29, 1948, ch. 714, §1, 62 Stat. 1094.
  34 U.S.C. 1084. June 29, 1948, ch. 714, §2, 62 Stat. 1094.
6968(c) 34 U.S.C. 1085. June 29, 1948, ch. 714, §3, 62 Stat. 1094.
6968(d) 34 U.S.C. 1086. June 29, 1948, ch. 714, §4, 62 Stat. 1094; June 30, 1954, ch. 432, §732, 68 Stat. 356.
6968(e), (f), (g) 34 U.S.C. 1087. June 29, 1948, ch. 714, §5, 62 Stat. 1094.
6968(h) 34 U.S.C. 1088. June 29, 1948, ch. 714, §6, 62 Stat. 1094.

In subsection (a) the words "A Board of Visitors to the Naval Academy is constituted annually" are substituted for the words "There shall be appointed * * * every year a Board of Visitors", since appointments, in the strict sense, are not involved.

In subsection (b) the language establishing staggered terms is eliminated as executed, and the existence of such terms is recognized by the use of the words "two persons shall be designated by him each year to succeed the members whose terms expire that year". No effect is given to the language "the nine Presidential appointees". The hearings indicate that one of the bills considered provided for nine such "appointees", and it appears that the number nine was inadvertently retained. The provision specifically authorizes only six Presidential designees.

Amendments

2018Pub. L. 115–232 renumbered section 6968 of this title as this section.

1999—Subsec. (a)(3). Pub. L. 106–65 substituted "Committee on Armed Services" for "Committee on National Security".

1996—Subsec. (a)(3). Pub. L. 104–106, §1502(a)(12), substituted "National Security" for "Armed Services".

Subsec. (h). Pub. L. 104–106, §1061(e)(2), struck out "is entitled to not more than $5 a day and" after "each adviser".

1980—Subsec. (b). Pub. L. 96–579 required member whose term of office had expired to continue service until appointment of a successor.

Effective Date of 2018 Amendment

Amendment 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.

§8469. Band: composition

(a) The Naval Academy Band shall be composed of one leader, one second leader, and such enlisted members of the Navy as may be assigned.

(b) In determining years of service for the purpose of retirement, and in determining eligibility for reenlistment bonus, the members who are assigned as leader and second leader shall be treated as if they had not been so assigned.

(c) The enlisted members assigned to the Naval Academy Band shall be distributed in grade substantially the same as in the United States Navy Band.

(Aug. 10, 1956, ch. 1041, 70A Stat. 435, §6969; Pub. L. 87–649, §14c(52), Sept. 7, 1962, 76 Stat. 501; renumbered §8469, Pub. L. 115–232, div. A, title VIII, §807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
6969 34 U.S.C. 1091a. Feb. 14, 1931, ch. 184, 46 Stat. 1111; July 17, 1953, ch. 226, §2, 67 Stat. 181.

In subsection (a) the words "of the Navy" are supplied since the requirement that the distribution in ratings be similar to that in the United States Navy Band indicates that the Naval Academy Band should not include members of the Marine Corps, and it is so interpreted.

In subsection (b) the words "an officer in the grade of warrant officer, W–1," are substituted for the words "a warrant officer" because the Warrant Officer Act of 1954 established the grade of warrant officer, W–1, in lieu of all the former warrant officer (as distinguished from commissioned warrant officer) grades. The second sentence covers that part of the second proviso which relates to pay and makes reference to the Career Compensation Act of 1949, since it is that Act which governs entitlement to basic pay and the computation of cumulative years of creditable service. Retirement rights and reenlistment bonuses referred to in the second proviso are covered in the third sentence of this subsection, giving recognition to the fact that the status of the members who are assigned as leader and second leader of the band remains unchanged in these respects.

Amendments

2018Pub. L. 115–232 renumbered section 6969 of this title as this section.

1962—Subsec. (b). Pub. L. 87–649 repealed first and second sentences which related to pay and allowances for the leader and second leader of the Naval Academy Band, and to crediting of service for pay purposes. See sections 207 and 424 of Title 37, Pay and Allowances of the Uniformed Services.

Effective Date of 2018 Amendment

Amendment 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 1962 Amendment

Amendment by Pub. L. 87–649 effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.

§8470. Permanent professors: promotion

(a) Promotion.—An officer serving as a permanent professor may be recommended for promotion to the grade of captain or colonel, as the case may be, under regulations prescribed by the Secretary of the Navy. The regulations shall include a competitive selection board process to identify those permanent professors best qualified for promotion. An officer so recommended shall be promoted by appointment to the higher grade by the President, by and with the advice and consent of the Senate.

(b) Effective Date of Promotion.—If made, the promotion of an officer under subsection (a) shall be effective not earlier than three years after the selection of the officer as a permanent professor as described in that subsection.

(Added Pub. L. 110–181, div. A, title V, §508(a)(1)(B), Jan. 28, 2008, 122 Stat. 97, §6970; renumbered §8470, Pub. L. 115–232, div. A, title VIII, §807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)

Amendments

2018Pub. L. 115–232 renumbered section 6970 of this title as this section.

Effective Date of 2018 Amendment

Amendment 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.

§8470a. Permanent professors: retirement for years of service; authority for deferral

(a) Retirement for Years of Service.—(1) Except as provided in subsection (b), an officer of the Navy or Marine Corps serving as a permanent professor at the Naval Academy in the grade of commander or lieutenant colonel who is not on a list of officers recommended for promotion to the grade of captain or colonel, as the case may be, shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 28 years of active commissioned service.

(2) Except as provided in subsection (b), an officer of the Navy or Marine Corps serving as a permanent professor at the Naval Academy in the grade of captain or colonel who is not on a list of officers recommended for promotion to the grade of rear admiral (lower half) or brigadier general, as the case may be, shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 30 years of active commissioned service.

(b) Continuation on Active Duty.—(1) An officer subject to retirement under subsection (a) may have his retirement deferred and be continued on active duty by the Secretary of the Navy.

(2) Subject to section 1252 of this title, the Secretary of the Navy shall determine the period of any continuation on active duty under this section.

(c) Eligibility for Promotion.—A permanent professor at the Naval Academy in the grade of commander or lieutenant colonel who is continued on active duty as a permanent professor under subsection (b) remains eligible for consideration for promotion to the grade of captain or colonel, as the case may be.

(d) Retired Grade and Retired Pay.—Each officer retired under this section—

(1) unless otherwise entitled to a higher grade, shall be retired in the grade determined under section 1370 of this title; and

(2) is entitled to retired pay computed under section 8333 of this title.

(Added Pub. L. 109–163, div. A, title V, §509(b)(1), Jan. 6, 2006, 119 Stat. 3229, §6970; renumbered §6970a, Pub. L. 110–181, div. A, title V, §508(a)(1)(A), Jan. 28, 2008, 122 Stat. 96; renumbered §8470a and amended Pub. L. 115–232, div. A, title VIII, §§807(c)(1), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)

Amendments

2018Pub. L. 115–232, §807(c)(1), renumbered section 6970a of this title as this section.

Subsec. (d)(2). Pub. L. 115–232, §809(a), substituted "section 8333" for "section 6333".

2008Pub. L. 110–181 renumbered section 6970 of this title as this section.

Effective Date of 2018 Amendment

Amendment 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.

§8471. Midshipmen's store, trade shops, dairy, and laundry: nonappropriated fund instrumentality and accounts

(a) Operation as Nonappropriated Fund Instrumentality.—The Superintendent of the Naval Academy shall operate the Naval Academy activities referred to in subsection (b) as a nonappropriated fund instrumentality under the jurisdiction of the Navy.

(b) Covered Activities.—The nonappropriated fund instrumentality required under subsection (a) shall consist of the following Naval Academy activities:

(1) The midshipmen's store.

(2) The barber shop.

(3) The cobbler shop.

(4) The tailor shop.

(5) The dairy (if any).

(6) The laundry.


(c) Nonappropriated Fund Accounts.—The Superintendent of the Naval Academy shall administer a separate nonappropriated fund account for each of the Naval Academy activities included in the nonappropriated fund instrumentality required under subsection (a).

(d) Crediting of Revenue.—The Superintendent shall credit all revenue received from a Naval Academy activity referred to in subsection (b) to the account administered with respect to that activity under subsection (c), and amounts so credited shall be available for operating expenses of that activity.

(e) Regulations.—This section shall be carried out under regulations prescribed by the Secretary of the Navy.

(Aug. 10, 1956, ch. 1041, 70A Stat. 435, §6971; Pub. L. 89–718, §38, Nov. 2, 1966, 80 Stat. 1120; Pub. L. 103–337, div. A, title III, §376, Oct. 5, 1994, 108 Stat. 2736; Pub. L. 104–201, div. A, title III, §370(a), Sept. 23, 1996, 110 Stat. 2498; Pub. L. 105–85, div. B, title XXVIII, §2871(c)(1), Nov. 18, 1997, 111 Stat. 2015; renumbered §8471, Pub. L. 115–232, div. A, title VIII, §807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
6971(a) 34 U.S.C. 1108b (less last proviso). July 26, 1946, ch. 675, §2 (less last proviso), 60 Stat. 704.
6971(b) 34 U.S.C. 1106. Aug. 5, 1939, ch. 448, §1, 53 Stat. 1210.

In subsection (a) the second listing of the activities is omitted for brevity.

In subsection (b) the words "including midshipmen" are omitted as surplusage. The words "are available for the maintenance of" are substituted for the words "are appropriated for the purpose of providing and maintaining".

Amendments

2018Pub. L. 115–232 renumbered section 6971 of this title as this section.

1997—Subsec. (b)(5). Pub. L. 105–85 inserted "(if any)" before period at end.

1996Pub. L. 104–201 substituted "trade shops, dairy, and laundry: nonappropriated fund instrumentality and accounts" for "laundry, barber shop, cobbler shop, tailor shop, and dairy: disposition of funds" in section catchline and amended text generally. Prior to amendment, text consisted of one undesignated par. providing for deposit and expenditure of funds from operation of midshipmen's store, including barber shop, cobbler shop, and tailor shop at Naval Academy, Academy dairy, and Academy laundry.

1994Pub. L. 103–337 struck out "(a)" before "Funds collected from the operation of the midshipmen's", substituted "the Academy dairy, and the Academy laundry" for "and the Academy dairy", and struck out subsec. (b) which read as follows: "Funds collected from the operation of the Academy laundry shall be accounted for as public funds and are available for the maintenance of necessary laundry service for Academy activities and personnel."

1966—Subsec. (a). Pub. L. 89–718 substituted "person designated by the Secretary of the Navy under section 6970(b) of this title" for "Bureau of Supplies and Accounts".

Effective Date of 2018 Amendment

Amendment 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 1996 Amendment

Amendment by Pub. L. 104–201 effective Oct. 1, 1996, see section 370(e) of Pub. L. 104–201, set out as a note under section 2105 of Title 5, Government Organization and Employees.

§8472. Chapel: crypt and window spaces

The crypt and window spaces of the Naval Academy Chapel may be used only for memorials to officers of the Navy who have successfully commanded a fleet or squadron in battle or who have received the thanks of Congress for conspicuously distinguished services in time of war. No memorial to an officer may be accepted for, or installed in, the crypt or window spaces until at least five years after the death of that officer.

(Aug. 10, 1956, ch. 1041, 70A Stat. 435, §6972; renumbered §8472, Pub. L. 115–232, div. A, title VIII, §807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
6972 34 U.S.C. 1111. Mar. 3, 1909, ch. 255, 35 Stat. 773 (2d par.).

The words "United States" in connection with the chapel, the words "of the United States" in connection with naval officers and with Congress, and the words "or may receive" are omitted as surplusage. The proviso is omitted as executed.

Amendments

2018Pub. L. 115–232 renumbered section 6972 of this title as this section.

Effective Date of 2018 Amendment

Amendment 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.

§8473. Gifts, bequests, and loans of property: acceptance for benefit and use of Naval Academy

(a) The Secretary of the Navy may accept, hold, administer, and spend any gift or bequest of personal property, and may accept, hold, and administer any loan of personal property other than money, that is made on the condition that it be used for the benefit of, or for use in connection with, the Naval Academy or the Naval Academy Museum, its collection, or its services. Gifts and bequests of money and the proceeds from the sales of property received as gifts shall be deposited in the Treasury in the fund called "United States Naval Academy Gift and Museum Fund". The Secretary may disburse funds deposited under this subsection for the benefit or use of the Naval Academy (including the Naval Academy Museum) subject to the terms of the gift or bequest.

(b) The Secretary shall prescribe written guidelines to be used for determinations of whether the acceptance of money, any personal property, or any loan of personal property under subsection (a) would reflect unfavorably on the ability of the Department of the Navy or any officer or employee of the Department of the Navy to carry out responsibilities or duties in a fair and objective manner, or would compromise either the integrity or the appearance of the integrity of any program of the Department of the Navy or any officer or employee of the Department of the Navy who is involved in any such program.

(c) For the purpose of Federal income, estate, and gift taxes, property that is accepted under this section is considered as a gift or bequest to or for the use of the United States.

(d) Upon the request of the Secretary of the Navy, the Secretary of the Treasury may invest, reinvest, or retain investments of money or securities comprising any part of the United States Naval Academy Gift and Museum Fund in securities of the United States or in securities guaranteed as to principal and interest by the United States. The interest and benefits accruing from those securities shall be deposited to the credit of the United States Naval Academy Gift and Museum Fund and may be disbursed as provided in this section.

(Aug. 10, 1956, ch. 1041, 70A Stat. 436, §6973; Pub. L. 106–398, §1 [[div. A], title IX, §942(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A-241; renumbered §8473, Pub. L. 115–232, div. A, title VIII, §807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
6973(a) 34 U.S.C. 1115. Mar. 31, 1944, ch. 147, §1, 58 Stat. 135.
  34 U.S.C. 1115a. Mar. 31, 1944, ch. 147, §2, 58 Stat. 135.
6973(b) 34 U.S.C. 1115b. Mar. 31, 1944, ch. 147, §3, 58 Stat. 135.
6973(c) 34 U.S.C. 1115c. Mar. 31, 1944, ch. 147, §4, 58 Stat. 135.

Amendments

2018Pub. L. 115–232 renumbered section 6973 of this title as this section.

2000Pub. L. 106–398, §1 [[div. A], title IX, §942(c)(4)], substituted "Gifts, bequests, and loans of property: acceptance for benefit and use of Naval Academy" for "Gifts and bequests: acceptance for benefit of Naval Academy" as section catchline.

Subsec. (a). Pub. L. 106–398, §1 [[div. A], title IX, §942(c)(1)], in first sentence, substituted "any gift or bequest of personal property, and may accept, hold, and administer any loan of personal property other than money, that is" for "gifts and bequests of personal property" and inserted "or the Naval Academy Museum, its collection, or its services" before period at end, in second sentence, substituted "United States Naval Academy Gift and Museum Fund" for "United States Naval Academy general gift fund", and, in last sentence, inserted "(including the Naval Academy Museum)" after "the Naval Academy".

Subsecs. (b), (c). Pub. L. 106–398, §1 [[div. A], title IX, §942(c)(2)], added subsec. (b) and redesignated former subsec. (b) as (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 106–398, §1 [[div. A], title IX, §942(c)(3)], substituted "United States Naval Academy Gift and Museum Fund" for "United States Naval Academy general gift fund" in two places.

Pub. L. 106–398, §1 [[div. A], title IX, §942(c)(2)(A)], redesignated subsec. (c) as (d).

Effective Date of 2018 Amendment

Amendment 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.

§8474. United States Naval Academy Museum Fund: references to Fund

Any reference in a law, regulation, document, paper, or other record of the United States to the United States Naval Academy Museum Fund formerly maintained under this section shall be deemed to refer to the United States Naval Academy Gift and Museum Fund maintained under section 8473 of this title.

(Aug. 10, 1956, ch. 1041, 70A Stat. 436, §6974; Pub. L. 106–398, §1 [[div. A], title IX, §942(d)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A-242; renumbered §8474 and amended Pub. L. 115–232, div. A, title VIII, §§807(c)(1), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
6974(a) 34 U.S.C. 1118. Mar. 26, 1938, ch. 52, §3, 52 Stat. 119.
6974(b) 34 U.S.C. 1119. Mar. 26, 1938, ch. 52, §4, 52 Stat. 119.
6974(c) 34 U.S.C. 1120. Mar. 26, 1938, ch. 52, §5, 52 Stat. 119.

Amendments

2018Pub. L. 115–232 renumbered section 6974 of this title as this section and substituted "section 8473" for "section 6973".

2000Pub. L. 106–398 amended section catchline and text generally. Prior to amendment, section related to acceptance and administration of gifts, bequests, and loans for the benefit of the Naval Academy Museum.

Effective Date of 2018 Amendment

Amendment 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.

Consolidation of Naval Academy General Gift Fund and Naval Academy Museum Fund

Pub. L. 106–398, §1 [[div. A], title IX, §942(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-241, provided that:

"(1) The Secretary of the Navy shall transfer all amounts in the United States Naval Academy Museum Fund established by section 6974 [now 8474] of title 10, United States Code, to the gift fund maintained for the benefit and use of the United States Naval Academy under section 6973 [now 8473] of such title. Upon completing the transfer, the Secretary shall close the United States Naval Academy Museum Fund.

"(2) Amounts transferred under this subsection shall be merged with other amounts in the gift fund to which transferred and shall be available for the purposes for which amounts in that gift fund are available."

§8475. Acceptance of guarantees with gifts for major projects

(a) Acceptance Authority.—Subject to subsection (c), the Secretary of the Navy may accept from a donor or donors a qualified guarantee for the completion of a major project for the benefit of the Naval Academy.

(b) Obligation Authority.—The amount of a qualified guarantee accepted under this section shall be considered as contract authority to provide obligation authority for purposes of Federal fiscal and contractual requirements. Funds available for a project for which such a guarantee has been accepted may be obligated and expended for the project without regard to whether the total amount of the funds and other resources available for the project (not taking into account the amount of the guarantee) is sufficient to pay for completion of the project.

(c) Notice of Proposed Acceptance.—The Secretary of the Navy may not accept a qualified guarantee under this section for the completion of a major project until after the expiration of 30 days following the date upon which a report of the facts concerning the proposed guarantee is submitted to Congress or, if earlier, the expiration of 14 days following the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of this title.

(d) Prohibition on Commingling of Funds.—The Secretary of the Navy may not enter into any contract or other transaction involving the use of a qualified guarantee and appropriated funds in the same contract or transaction.

(e) Definitions.—In this section:

(1) Major project.—The term "major project" means a project for the purchase or other procurement of real or personal property, or for the construction, renovation, or repair of real or personal property, the total cost of which is, or is estimated to be, at least $1,000,000.

(2) Qualified guarantee.—The term "qualified guarantee", with respect to a major project, means a guarantee that—

(A) is made by one or more persons in connection with a donation, specifically for the project, of a total amount in cash or securities that, as determined by the Secretary of the Navy, is sufficient to defray a substantial portion of the total cost of the project;

(B) is made to facilitate or expedite the completion of the project in reasonable anticipation that other donors will contribute sufficient funds or other resources in amounts sufficient to pay for completion of the project;

(C) is set forth as a written agreement that provides for the donor to furnish in cash or securities, in addition to the donor's other gift or gifts for the project, any additional amount that may become necessary for paying the cost of completing the project by reason of a failure to obtain from other donors or sources funds or other resources in amounts sufficient to pay the cost of completing the project; and

(D) is accompanied by—

(i) an irrevocable and unconditional standby letter of credit for the benefit of the Naval Academy that is in the amount of the guarantee and is issued by a major United States commercial bank; or

(ii) a qualified account control agreement.


(3) Qualified account control agreement.—The term "qualified account control agreement", with respect to a guarantee of a donor, means an agreement among the donor, the Secretary of the Navy, and a major United States investment management firm that—

(A) ensures the availability of sufficient funds or other financial resources to pay the amount guaranteed during the period of the guarantee;

(B) provides for the perfection of a security interest in the assets of the account for the United States for the benefit of the Naval Academy with the highest priority available for liens and security interests under applicable law;

(C) requires the donor to maintain in an account with the investment management firm assets having a total value that is not less than 130 percent of the amount guaranteed; and

(D) requires the investment management firm, at any time that the value of the account is less than the value required to be maintained under subparagraph (C), to liquidate any noncash assets in the account and reinvest the proceeds in Treasury bills issued under section 3104 of title 31.


(4) Major united states commercial bank.—The term "major United States commercial bank" means a commercial bank that—

(A) is an insured bank (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813));

(B) is headquartered in the United States; and

(C) has net assets in a total amount considered by the Secretary of the Navy to qualify the bank as a major bank.


(5) Major united states investment management firm.—The term "major United States investment management firm" means any broker, dealer, investment adviser, or provider of investment supervisory services (as defined in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c) or section 202 of the Investment Advisers Act of 1940 (15 U.S.C. 80b–2)) or a major United States commercial bank that—

(A) is headquartered in the United States; and

(B) holds for the account of others investment assets in a total amount considered by the Secretary of the Navy to qualify the firm as a major investment management firm.

(Added Pub. L. 106–65, div. B, title XXVIII, §2871(b)(1), Oct. 5, 1999, 113 Stat. 873, §6975; amended Pub. L. 106–398, §1 [[div. A], title X, §1087(a)(17)], Oct. 30, 2000, 114 Stat. 1654, 1654A-291; Pub. L. 108–136, div. A, title X, §1031(a)(56), Nov. 24, 2003, 117 Stat. 1603; renumbered §8475, Pub. L. 115–232, div. A, title VIII, §807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)

Amendments

2018Pub. L. 115–232 renumbered section 6975 of this title as this section.

2003—Subsec. (c). Pub. L. 108–136 inserted before period at end "or, if earlier, the expiration of 14 days following the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of this title".

2000—Subsec. (e)(5). Pub. L. 106–398 inserted a closing parenthesis after "80b–2)" in introductory provisions.

Effective Date of 2018 Amendment

Amendment 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.

§8476. Operation of Naval Academy dairy farm

(a) Discretion Regarding Continued Operation.—(1) Subject to paragraph (2), the Secretary of the Navy may terminate or reduce the dairy or other operations conducted at the Naval Academy dairy farm located in Gambrills, Maryland.

(2) Notwithstanding the termination or reduction of operations at the Naval Academy dairy farm under paragraph (1), the real property containing the dairy farm (consisting of approximately 875 acres)—

(A) may not be declared to be excess real property to the needs of the Navy or transferred or otherwise disposed of by the Navy or any Federal agency; and

(B) shall be maintained in its rural and agricultural nature.


(b) Lease Authority.—(1) Subject to paragraph (2), to the extent that the termination or reduction of operations at the Naval Academy dairy farm permit, the Secretary of the Navy may lease the real property containing the dairy farm, and any improvements and personal property thereon, to such persons and under such terms as the Secretary considers appropriate. In leasing any of the property, the Secretary may give a preference to persons who will continue dairy operations on the property.

(2) Any lease of property at the Naval Academy dairy farm shall be subject to a condition that the lessee maintain the rural and agricultural nature of the leased property.

(c) Lease Proceeds.—All money received from a lease entered into under subsection (b) shall be retained by the Superintendent of the Naval Academy and shall be available to cover expenses related to the property described in subsection (a), including reimbursing nonappropriated fund instrumentalities of the Naval Academy.

(d) Effect of Other Laws.—Nothing in section 8471 of this title shall be construed to require the Secretary of the Navy or the Superintendent of the Naval Academy to operate a dairy farm for the Naval Academy in Gambrills, Maryland, or any other location.

(Added Pub. L. 105–85, div. B, title XXVIII, §2871(a)(1), Nov. 18, 1997, 111 Stat. 2014, §6976; amended Pub. L. 106–65, div. B, title XXVIII, §2814, Oct. 5, 1999, 113 Stat. 851; renumbered §8476 and amended Pub. L. 115–232, div. A, title VIII, §§807(c)(1), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)

Amendments

2018Pub. L. 115–232, §807(c)(1), renumbered section 6976 of this title as this section.

Subsec. (d). Pub. L. 115–232, §809(a), substituted "section 8471" for "section 6971".

1999—Subsecs. (c), (d). Pub. L. 106–65 added subsec. (c) and redesignated former subsec. (c) as (d).

Effective Date of 2018 Amendment

Amendment 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.

§8477. Grants for faculty research for scientific, literary, and educational purposes: acceptance; authorized grantees

(a) Acceptance of Research Grants.—The Secretary of the Navy may authorize the Superintendent of the Academy to accept qualifying research grants under this section. Any such grant may only be accepted if the work under the grant is to be carried out by a professor or instructor of the Academy for a scientific, literary, or educational purpose.

(b) Qualifying Grants.—A qualifying research grant under this section is a grant that is awarded on a competitive basis by an entity referred to in subsection (c) for a research project with a scientific, literary, or educational purpose.

(c) Entities From Which Grants May be Accepted.—A grant may be accepted under this section only from a corporation, fund, foundation, educational institution, or similar entity that is organized and operated primarily for scientific, literary, or educational purposes.

(d) Administration of Grant Funds.—The Secretary shall establish an account for administering funds received as research grants under this section. The Superintendent shall use the funds in the account in accordance with applicable regulations and the terms and conditions of the grants received.

(e) Related Expenses.—Subject to such limitations as may be provided in appropriations Acts, appropriations available for the Academy may be used to pay expenses incurred by the Academy in applying for, and otherwise pursuing, award of a qualifying research grant.

(f) Regulations.—The Secretary of the Navy shall prescribe regulations for the administration of this section.

(Added Pub. L. 105–261, div. A, title X, §1063(b)(1), Oct. 17, 1998, 112 Stat. 2130, §6977; renumbered §8477, Pub. L. 115–232, div. A, title VIII, §807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)

Amendments

2018Pub. L. 115–232 renumbered section 6977 of this title as this section.

Effective Date of 2018 Amendment

Amendment 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.

§8478. Mixed-funded athletic and recreational extracurricular programs: authority to manage appropriated funds in same manner as nonappropriated funds

(a) Authority.—In the case of a Naval Academy mixed-funded athletic or recreational extracurricular program, the Secretary of the Navy may designate funds appropriated to the Department of the Navy and available for that program to be treated as nonappropriated funds and expended for that program in accordance with laws applicable to the expenditure of nonappropriated funds. Appropriated funds so designated shall be considered to be nonappropriated funds for all purposes and shall remain available until expended.

(b) Covered Programs.—In this section, the term "Naval Academy mixed-funded athletic or recreational extracurricular program" means an athletic or recreational extracurricular program of the Naval Academy to which each of the following applies:

(1) The program is not considered a morale, welfare, or recreation program.

(2) The program is supported through appropriated funds.

(3) The program is supported by a nonappropriated fund instrumentality.

(4) The program is not a private organization and is not operated by a private organization.

(Added Pub. L. 108–375, div. A, title V, §544(b)(1), Oct. 28, 2004, 118 Stat. 1906, §6978; renumbered §8478, Pub. L. 115–232, div. A, title VIII, §807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)

Amendments

2018Pub. L. 115–232 renumbered section 6978 of this title as this section.

Effective Date of 2018 Amendment

Amendment 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

Section applicable only with respect to funds appropriated for fiscal years after fiscal year 2004, see section 544(d) of Pub. L. 108–375, set out as a note under section 7459 of this title.

§8479. Midshipmen: charges and fees for attendance; limitation

(a) Prohibition.—Except as provided in subsection (b), no charge or fee for tuition, room, or board for attendance at the Naval Academy may be imposed unless the charge or fee is specifically authorized by a law enacted after October 5, 1994.

(b) Exception.—The prohibition specified in subsection (a) does not apply with respect to any item or service provided to midshipmen for which a charge or fee is imposed as of October 5, 1994. The Secretary of Defense shall notify Congress of any change made by the Naval Academy in the amount of a charge or fee authorized under this subsection.

(Added Pub. L. 108–375, div. A, title V, §545(b)(1), Oct. 28, 2004, 118 Stat. 1908, §6979; renumbered §8479, Pub. L. 115–232, div. A, title VIII, §807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)

Amendments

2018Pub. L. 115–232 renumbered section 6979 of this title as this section.

Effective Date of 2018 Amendment

Amendment 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.

§8480. Policy on sexual harassment and sexual violence

(a) Required Policy.—Under guidance prescribed by the Secretary of Defense, the Secretary of the Navy shall direct the Superintendent of the Naval Academy to prescribe a policy on sexual harassment and sexual violence applicable to the midshipmen and other personnel of the Naval Academy.

(b) Matters To Be Specified in Policy.—The policy on sexual harassment and sexual violence prescribed under this section shall include specification of the following:

(1) Programs to promote awareness of the incidence of rape, acquaintance rape, and other sexual offenses of a criminal nature that involve midshipmen or other Academy personnel.

(2) Procedures that a midshipman should follow in the case of an occurrence of sexual harassment or sexual violence, including—

(A) if the midshipman chooses to report an occurrence of sexual harassment or sexual violence, a specification of the person or persons to whom the alleged offense should be reported and the options for confidential reporting;

(B) a specification of any other person whom the victim should contact; and

(C) procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault.


(3) Procedures for disciplinary action in cases of alleged criminal sexual assault involving a midshipman or other Academy personnel.

(4) Any other sanction authorized to be imposed in a substantiated case of sexual harassment or sexual violence involving a midshipman or other Academy personnel in rape, acquaintance rape, or any other criminal sexual offense, whether forcible or nonforcible.

(5) Required training on the policy for all midshipmen and other Academy personnel, including the specific training required for personnel who process allegations of sexual harassment or sexual violence involving Academy personnel.


(c) Annual Assessment.—(1) The Secretary of Defense, through the Secretary of the Navy, shall direct the Superintendent to conduct at the Academy during each Academy program year an assessment, to be administered by the Department of Defense, to determine the effectiveness of the policies, training, and procedures of the Academy with respect to sexual harassment and sexual violence involving Academy personnel.

(2) For the assessment at the Academy under paragraph (1) with respect to an Academy program year that begins in an odd-numbered calendar year, the Secretary of the Navy shall conduct a survey, to be administered by the Department of Defense, of Academy personnel—

(A) to measure—

(i) the incidence, during that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have been reported to officials of the Academy; and

(ii) the incidence, during that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have not been reported to officials of the Academy; and


(B) to assess the perceptions of Academy personnel of—

(i) the policies, training, and procedures on sexual harassment and sexual violence involving Academy personnel;

(ii) the enforcement of such policies;

(iii) the incidence of sexual harassment and sexual violence involving Academy personnel; and

(iv) any other issues relating to sexual harassment and sexual violence involving Academy personnel.


(d) Annual Report.—(1) The Secretary of the Navy shall direct the Superintendent of the Naval Academy to submit to the Secretary a report on sexual harassment and sexual violence involving midshipmen or other personnel at the Academy for each Academy program year.

(2) Each report under paragraph (1) shall include, for the Academy program year covered by the report, the following:

(A) The number of sexual assaults, rapes, and other sexual offenses involving midshipmen or other Academy personnel that have been reported to Naval Academy officials during the program year and, of those reported cases, the number that have been substantiated.

(B) The policies, procedures, and processes implemented by the Secretary of the Navy and the leadership of the Naval Academy in response to sexual harassment and sexual violence involving midshipmen or other Academy personnel during the program year.

(C) A plan for the actions that are to be taken in the following Academy program year regarding prevention of and response to sexual harassment and sexual violence involving midshipmen or other Academy personnel.


(3) Each report under paragraph (1) for an Academy program year that begins in an odd-numbered calendar year shall include the results of the survey conducted in that program year under subsection (c)(2).

(4)(A) The Secretary of the Navy shall transmit to the Secretary of Defense, and to the Board of Visitors of the Naval Academy, each report received by the Secretary under this subsection, together with the Secretary's comments on the report.

(B) The Secretary of Defense shall transmit each such report, together with the Secretary's comments on the report, to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.

(Added Pub. L. 109–364, div. A, title V, §532(a)(2), Oct. 17, 2006, 120 Stat. 2201, §6980; renumbered §8480, Pub. L. 115–232, div. A, title VIII, §807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)

Amendments

2018Pub. L. 115–232 renumbered section 6980 of this title as this section.

Effective Date of 2018 Amendment

Amendment 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.

Termination of Reporting Requirements

For termination, effective Dec. 31, 2021, of provisions in subsec. (d)(4)(B) of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.

Further Information From Cadets and Midshipmen at the Service Academies on Sexual Assault and Sexual Harassment Issues

Secretary of a military department to provide for focus groups to ascertain information relating to sexual assault and sexual harassment issues in any year in which the Secretary is not required by law to conduct a survey on such matters at the service academy under the Secretary's jurisdiction and to include such information in the Secretary's annual report to Congress, see section 532(b) of Pub. L. 109–364, set out as a note under section 7461 of this title.

§8481. Support of athletic and physical fitness programs

(a) Authority.—

(1) Contracts and cooperative agreements.—The Secretary of the Navy may enter into contracts and cooperative agreements with the Naval Academy Athletic Association for the purpose of supporting the athletic and physical fitness programs of the Naval Academy. Notwithstanding section 2304(k) of this title, the Secretary may enter such contracts or cooperative agreements on a sole source basis pursuant to section 2304(c)(5) of this title. Notwithstanding chapter 63 of title 31, a cooperative agreement under this section may be used to acquire property or services for the direct benefit or use of the Naval Academy.

(2) Leases.—The Secretary may enter into leases, in accordance with section 2667 of this title, or licenses with the Association for the purpose of supporting the athletic and physical fitness programs of the Naval Academy. Any such lease or license shall be deemed to satisfy the conditions of section 2667(h)(2) of this title.


(b) Use of Navy Personal Property by the Association.—The Secretary may allow the Association to use, at no cost, personal property of the Department of the Navy to assist the Association in supporting the athletic and physical fitness programs of the Naval Academy.

(c) Acceptance of Support.—

(1) Support received from the association.—Notwithstanding section 1342 of title 31, the Secretary may accept from the Association funds, supplies, and services for the support of the athletic and physical fitness programs of the Naval Academy. For purposes of this section, employees or personnel of the Association may not be considered to be employees of the United States.

(2) Funds received from ncaa.—The Secretary may accept funds from the National Collegiate Athletic Association to support the athletic and physical fitness programs of the Naval Academy.

(3) Limitation.—The Secretary shall ensure that contributions under this subsection do not reflect unfavorably on the ability of the Department of the Navy, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner, or compromise the integrity or appearance of integrity of any program of the Department of the Navy, or any individual involved in such a program.


(d) Retention and Use of Funds.—Notwithstanding section 2260(d) of this title, funds received under this section may be retained for use in support of athletic and physical fitness programs of the Naval Academy and shall remain available until expended.

(e) Trademarks and Service Marks.—

(1) Licensing, marketing, and sponsorship agreements.—An agreement under subsection (a)(1) may, consistent with sections 2260 (other than subsection (d)) and 8022(b)(3) of this title, authorize the Association to enter into licensing, marketing, and sponsorship agreements relating to trademarks and service marks identifying the Naval Academy, subject to the approval of the Department of the Navy.

(2) Limitations.—No such licensing, marketing, or sponsorship agreement may be entered into if it would reflect unfavorably on the ability of the Department of the Navy, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner, or if the Secretary determines that the use of the trademark or service mark would compromise the integrity or appearance of integrity of any program of the Department of the Navy, or any individual involved in such a program.


(f) Service on Association Board of Control.—The Association is a designated entity for which authorization under sections 1033(a) and 1589(a) of this title may be provided.

(g) Conditions.—The authority provided in this section with respect to the Association is available only so long as the Association continues to—

(1) qualify as a nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1986 and operates in accordance with this section, the laws of the State of Maryland, and the constitution and bylaws of the Association; and

(2) operate exclusively to support the athletic and physical fitness programs of the Naval Academy.


(h) Association Defined.—In this section, the term "Association" means the Naval Academy Athletic Association.

(Added Pub. L. 112–239, div. A, title V, §542(a), Jan. 2, 2013, 126 Stat. 1735, §6981; renumbered §8481 and amended Pub. L. 115–232, div. A, title VIII, §§807(c)(1), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)

References in Text

Section 501(c)(3) of the Internal Revenue Code of 1986, referred to in subsec. (g)(1), is classified to section 501(c)(3) of Title 26, Internal Revenue Code.

Prior Provisions

A prior section 8491 was renumbered section 9191 of this title.

Prior sections 8495 to 8502 were repealed by Pub. L. 103–337, div. A, title XVI, §1662(f)(2), Oct. 5, 1994, 108 Stat. 2994, effective Dec. 1, 1994.

Section 8495, act Aug. 10, 1956, ch. 1041, 70A Stat. 524, provided that members of Air National Guard of United States were not in active Federal service except when ordered thereto under law. See section 12401 of this title.

Section 8496, act Aug. 10, 1956, ch. 1041, 70A Stat. 524, authorized President to order commissioned officers of Air National Guard of United States to active duty in National Guard Bureau. See section 12402(a), (b)(2) of this title.

Section 8497, act Aug. 10, 1956, ch. 1041, 70A Stat. 525, provided that members of Air National Guard of United States ordered to active duty were to be ordered to duty as Reserves of Air Force. See section 12403 of this title.

Section 8498, act Aug. 10, 1956, ch. 1041, 70A Stat. 525, related to organization during initial mobilization of units of Air National Guard of United States ordered into active Federal service. See section 12404 of this title.

Section 8499, act Aug. 10, 1956, ch. 1041, 70A Stat. 525, related to application of laws governing Air Force to members of Air National Guard called into Federal service. See section 12405 of this title.

Section 8500, acts Aug. 10, 1956, ch. 1041, 70A Stat. 525; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, §1234(a)(1), 102 Stat. 2059, authorized President to call Air National Guard units and members into Federal service. See section 12406 of this title.

Section 8501, acts Aug. 10, 1956, ch. 1041, 70A Stat. 525; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, §1234(a)(1), 102 Stat. 2059, related to period of service and apportionment of members and units of Air National Guard called into Federal service. See section 12407 of this title.

Section 8502, act Aug. 10, 1956, ch. 1041, 70A Stat. 526, related to physical examinations of members of Air National Guard called into or mustered out of Federal service. See section 12408 of this title.

A prior section 8503 was renumbered section 9203 of this title.

A prior section 8504, acts Aug. 10, 1956, ch. 1041, 70A Stat. 526; Nov. 8, 1967, Pub. L. 90–130, §1(29), 81 Stat. 382, authorized President to order any retired member of Regular Air Force to active duty and assign him duties considered necessary in interests of national defense, prior to repeal by Pub. L. 96–513, title II, §210, Dec. 12, 1980, 94 Stat. 2884, effective Sept. 15, 1981. See section 688 of this title.

A prior section 8531, act Aug. 10, 1956, ch. 1041, 70A Stat. 526, authorized President, by and with consent of Senate, to appoint a general officer of Air Force as Chief of Staff to President, which officer, unless entitled to rank, pay, and allowances of a grade above lieutenant general under another provision of law, is entitled to rank, pay, and allowances of a general, and is in addition to number otherwise authorized for that grade, prior to repeal by Pub. L. 96–513, title II, §233(b), Dec. 12, 1980, 94 Stat. 2887, effective Sept. 15, 1981.

A prior section 8537, act Aug. 10, 1956, ch. 1041, 70A Stat. 526, provided for detail of Air Force officers to duty under Secretary of Commerce in connection with promotion of civil aviation, prior to repeal by Pub. L. 90–235, §4(b)(1), Jan. 2, 1968, 81 Stat. 760.

A prior section 8540, act Aug. 10, 1956, ch. 1041, 70A Stat. 527, related to detail of members of regular or reserve components as professors and instructors in air science and tactics, prior to repeal by Pub. L. 88–647, title III, §301(23), Oct. 13, 1964, 78 Stat. 1073. See section 2111 of this title.

Amendments

2018Pub. L. 115–232, §807(c)(1), renumbered section 6981 of this title as this section.

Subsec. (e)(1). Pub. L. 115–232, §809(a), substituted "and 8022(b)(3)" for "and 5022(b)(3)".

Effective Date of 2018 Amendment

Amendment 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.