
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC6956]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                    PART III--EDUCATION AND TRAINING
 
                CHAPTER 603--UNITED STATES NAVAL ACADEMY
 
Sec. 6956. 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 Naval 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 clauses (2) through (8) of section 6954(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; Pub. L. 88-276, Sec. 3, Mar. 3, 
1964, 78 Stat. 151; Pub. L. 90-374, July 5, 1968, 82 Stat. 283; Pub. L. 
93-171, Sec. 2(4), Nov. 29, 1973, 87 Stat. 690; Pub. L. 94-106, title 
VIII, Sec. 803(b)(2), Oct. 7, 1975, 89 Stat. 538; Pub. L. 97-60, title 
II, Sec. 206, Oct. 14, 1981, 95 Stat. 1007; Pub. L. 101-510, div. A, 
title V, Sec. 532(b)(2), title XIII, Sec. 1322(a)(14), Nov. 5, 1990, 104 
Stat. 1563, 1671.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
6956(a), (b), (c).....................  34 U.S.C. 1041.                      Ju
ne 29, 1906, ch. 3590, 34 Stat.
                                                                              5
78 (last par.).
6956(d)...............................  34 U.S.C. 1040.                      Au
g. 13, 1946, ch. 962, Sec.  14,
                                                                              6
0 Stat. 1061.
6956(e)...............................  34 U.S.C. 1049.                      Ju
ne 30, 1950, ch. 421, Sec.  4, 64
                                                                              S
tat. 305.
6956(f)...............................  34 U.S.C. 1047 (1st proviso).        Ju
ne 30, 1950, ch. 421, Sec.  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

    1990--Subsec. (a). Pub. L. 101-510, Sec. 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, Sec. 1322(a)(14)(B), redesignated 
subsec. (c) as (b). Former subsec. (b) redesignated (a).
    Subsec. (c). Pub. L. 101-510, Sec. 1322(a)(14)(B), redesignated 
subsec. (d) as (c). Former subsec. (c) redesignated (b).
    Pub. L. 101-510, Sec. 532(b)(2), substituted ``clauses (2) through 
(8)'' for ``clauses (2)-(9)''.
    Subsec. (d). Pub. L. 101-510, Sec. 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, Sec. 3(1), substituted ``five 
alternates'' for ``one or more alternates''.
    Subsec. (e). Pub. L. 88-276, Sec. 3(2), substituted ``three-fourths 
of those nominated'' for ``two-thirds of those nominated''.


                    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 4342 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 4343 of 
this title.

                  Section Referred to in Other Sections

    This section is referred to in section 6954 of this title.
