
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(g)(1)]
[CITE: 10USC6954]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                    PART III--EDUCATION AND TRAINING
 
                CHAPTER 603--UNITED STATES NAVAL ACADEMY
 
Sec. 6954. Midshipmen: number

    (a) The authorized strength of the Brigade of Midshipmen (determined 
for any year as of the day before the last day of the academic year) is 
4,000. 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 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 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) Two 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) Two from Guam, nominated by the Delegate in Congress from 
    Guam.
        (9) One from American Samoa, nominated by the Delegate in 
    Congress from American Samoa.
        (10) One from the Commonwealth of the Northern Mariana Islands, 
    nominated by the resident representative 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 under this section. Nominees 
may be submitted without ranking or with a principal candidate and 9 
ranked or unranked alternates. Qualified nominees not selected for 
appointment under this subsection shall be considered qualified 
alternates for the purposes of selection under other provisions of this 
chapter.
    (b) In addition there may be appointed each year at the Academy 
midshipmen as follows:
        (1) one hundred selected by the President from the children of 
    members of an armed force who--
            (A) are on active duty (other than for training) and who 
        have served continuously on active duty for at least eight 
        years;
            (B) are, or who died while they were, retired with pay or 
        granted retired or retainer pay;
            (C) are serving as members of reserve components and are 
        credited with at least eight years of service computed under 
        section 12733 of this title; or
            (D) would be, or who died while they would have been, 
        entitled to retired pay under chapter 1223 of this title except 
        for not having attained 60 years of age;

    however, a person who is eligible for selection under clause (1) of 
    subsection (a) may not be selected under this clause.
        (2) 85 nominated by the Secretary of the Navy from enlisted 
    members of the Regular Navy and the Regular Marine Corps.
        (3) 85 nominated by the Secretary of the Navy from enlisted 
    members of the Naval Reserve and the Marine Corps Reserve.
        (4) 20 nominated by the Secretary of the Navy, under regulations 
    prescribed by him, from the honor graduates of schools designated as 
    honor schools by the Department of the Army, the Department of the 
    Navy, or the Department of the Air Force, and from members of the 
    Naval Reserve Officer's Training corps.
        (5) 150 selected by the Secretary of the Navy in order of merit 
    (prescribed pursuant to section 6956 of this title) from qualified 
    alternates nominated by persons named in clauses (3) and (4) of 
    subsection (a).

    (c) The President may also appoint as midshipmen at the Academy 
children of persons who have been awarded the medal of honor for acts 
performed while in the armed forces.
    (d) The Superintendent of the Naval Academy may nominate for 
appointment each year 50 persons from the country at large. Persons 
nominated under this paragraph may not displace any appointment 
authorized under clauses (2) through (9) of subsection (a) and may not 
cause the total strength of midshipmen at the Naval Academy to exceed 
the authorized number.
    (e) The Secretary of the Navy may limit the number of midshipmen 
appointed under subsection (b)(5). When he does so, if the total number 
of midshipmen, upon admission of a new class at the Academy, will be 
more than 3,737, no appointments may be made under subsection (b)(2) or 
(3) of this section or section 6956 of this title.
    (f) The Secretary of the Navy 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 429; Pub. L. 87-651, title I, 
Sec. 124, Sept. 7, 1962, 76 Stat. 514; Pub. L. 87-663, Sec. 1(3), Sept. 
14, 1962, 76 Stat. 547; Pub. L. 88-276, Sec. 2, Mar. 3, 1964, 78 Stat. 
150; Pub. L. 89-650, Sec. 1(1)-(3), Oct. 13, 1966, 80 Stat. 896; Pub. L. 
90-374, July 5, 1968, 82 Stat. 283; Pub. L. 90-623, Sec. 2(8), Oct. 22, 
1968, 82 Stat. 1314; Pub. L. 91-405, title II, Sec. 204(c), Sept. 22, 
1970, 84 Stat. 852; Pub. L. 92-365, Sec. 1(2), Aug. 7, 1972, 86 Stat. 
505; Pub. L. 93-171, Sec. 2(1)-(3), Nov. 29, 1973, 87 Stat. 690; Pub. L. 
94-106, title VIII, Sec. 803(b)(1), Oct. 7, 1975, 89 Stat. 538; Pub. L. 
96-600, Sec. 2(b), Dec. 24, 1980, 94 Stat. 3493; Pub. L. 97-60, title 
II, Sec. 203(b)(2), Oct. 14, 1981, 95 Stat. 1006; Pub. L. 97-295, 
Sec. 1(44), Oct. 12, 1982, 96 Stat. 1298; Pub. L. 98-94, title X, 
Sec. 1005(a)(2), (b)(2), Sept. 24, 1983, 97 Stat. 660; Pub. L. 101-189, 
div. A, title XVI, Sec. 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602; Pub. 
L. 101-510, div. A, title V, Sec. 532(b)(1), Nov. 5, 1990, 104 Stat. 
1563; Pub. L. 103-160, div. A, title V, Sec. 531, Nov. 30, 1993, 107 
Stat. 1657; Pub. L. 103-337, div. A, title XVI, Sec. 1673(c), Oct. 5, 
1994, 108 Stat. 3016; Pub. L. 104-106, div. A, title V, Sec. 532(b), 
Feb. 10, 1996, 110 Stat. 314; Pub. L. 105-85, div. A, title X, 
Sec. 1073(a)(62), Nov. 18, 1997, 111 Stat. 1903; Pub. L. 106-65, div. A, 
title V, Sec. 531(b)(2), Oct. 5, 1999, 113 Stat. 602; Pub. L. 106-398, 
Sec. 1 [[div. A], title V, Sec. 531(b)], Oct. 30, 2000, 114 Stat. 1654, 
1654A-109.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
6954(a)(1)............................  34 U.S.C. 1036a.                     Ju
ne 8, 1926, ch. 492, par. 2, 44
                                                                              S
tat. 703; Dec. 1, 1942, ch. 650,
                                                                              5
6 Stat. 1024; Nov. 24, 1945, ch.
                                                                              4
93, 59 Stat. 586; June 30, 1950,
                                                                              c
h. 421, Sec.  6(c), 64 Stat. 305;
                                                                              J
une 3, 1954, ch. 251, Sec.  1, 68
                                                                              S
tat. 168.
6954(a)(2)............................  34 U.S.C. 1037.                      Ma
y 28, 1928, ch. 820, 45 Stat.
                                                                              7
88.
6954(a)(3)- (7).......................  34 U.S.C. 1032 (1st 31 words).       De
c. 20, 1917, ch. 5, Sec.  1 (1st
                                                                              3
1 words), 40 Stat. 430; Aug. 13,
                                                                              1
946, ch. 962, Sec.  16, 60 Stat.
                                                                              1
061; May 16, 1947, ch. 77, Sec.
                                                                              1
(o), 61 Stat. 100.
6954(a)(7)............................  34 U.S.C. 1034.                      Ma
r. 3, 1903, ch. 1010, 32 Stat.
                                                                              1
198 (2d par.).
6954(a)(8)............................  34 U.S.C. 1035a.                     Ju
ne 8, 1939, ch. 195, 53 Stat.
                                                                              8
14.
6954(b)(1)............................  34 U.S.C. 1039.                      Au
g. 13, 1946, ch. 962, Sec.
                                                                              1
6(a), 60 Stat. 1061; May 16,
                                                                              1
947, ch. 77, Sec.  1(o), 61 Stat.
                                                                              1
00; June 30, 1950, ch. 421, Sec.
                                                                              5
, 64 Stat. 305.
6954(b)(2), (3).......................  34 U.S.C. 1032 (32d to 70th words).  De
c. 20, 1917, ch. 5, Sec.  1 (32d
                                                                              t
o 70th words), 40 Stat. 430; Aug.
                                                                              1
3, 1946, ch. 962, Sec.  16, 60
                                                                              S
tat. 1061.
6954(b)(4)............................  34 U.S.C. 1033a.                     Fe
b. 27, 1936, ch. 89, 49 Stat.
                                                                              1
144; June 6, 1941, ch. 175, 55
                                                                              S
tat. 246.
6954(c)...............................  34 U.S.C. 1038.                      No
v. 24, 1945, ch. 492, 59 Stat.
                                                                              5
86.
-------------------------------------------------------------------------------
---------------------------------

    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 Sec. 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 Sec. 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 Sec. 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

    2000--Subsec. (b)(1)(B). Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 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, Sec. 1 [[div. A], title V, 
Sec. 531(b)(2)], added subpars. (C) and (D).
    1999--Subsec. (a). Pub. L. 106-65, Sec. 531(b)(2)(A), which directed 
amendment of this section by substituting ``(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 the matter 
preceding paragraph (1), was executed by making the substitution for the 
introductory provisions in subsec. (a) which read as follows: ``(a) 
There may be at the Naval Academy at any one time midshipmen as 
follows:''
    Subsec. (g). Pub. L. 106-65, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 2(2), struck out reference to 
American Samoa and Virgin Islands.
    Subsec. (a)(10). Pub. L. 93-171, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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 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 4341a 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 4342 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 4342 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 4342 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 4342 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 4342 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 6956, 6957, 6958 of this 
title.
