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10 U.S.C. § 8456 — Midshipmen: nomination and selection to fill vacancies

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8454/a&num=0&edition=prelim), 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.

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Source file: Laws/federal/codes/united-states-code/title-10/section-8456-midshipmen-nomination-and-selection-to-fill-vacancies--0ce5ac7197.md
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Source location: Title 10, Chapter 853, § 8456; chapter-853-united-states-naval-academy.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 7442 — Cadets: appointment; numbers, territorial distribution

**(a)** The authorized strength of the Corps of Cadets of the Academy (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 Army under subsection (j). Subject to that limitation, cadets are selected as follows: (1) 65 cadets selected in order of merit as established by competitive examinations 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section551/2&num=0&edition=prelim), and children of civilian employees who are in “missing status” as defined in [section 5561(5) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5561/5&num=0&edition=prelim). 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 Army. (2) Five cadets nominated at large by the Vice President or, if there is no Vice President, by the President pro tempore of the Senate. (3) Ten cadets from each State, five of whom are nominated by each Senator from that State. (4) Five cadets from each congressional district, nominated by the Representative from the district. (5) Five cadets from the District of Columbia, nominated by the Delegate to the House of Representatives from the District of Columbia. (6) Four c

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 7443 — Cadets: appointment; to bring Corps to full strength

If it is determined that, upon the admission of a new class to the Academy, the number of cadets at the Academy will be below the authorized number, the Secretary of the Army may fill the vacancies by nominating additional cadets from qualified candidates designated as alternates and from other qualified candidates who competed for nomination and are recommended and found qualified by the Academic Board. At least three-fourths of those nominated under this section shall be selected from qualified alternates nominated by the persons named in paragraphs (2) through (8) of [section 7442(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7442/a&num=0&edition=prelim), and the remainder from qualified candidates holding competitive nominations under any other provision of law. An appointment under this section is an additional appointment and is not in place of an appointment otherwise authorized by law.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 8454 — Midshipmen: appointment; numbers, territorial distribution

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section551/2&num=0&edition=prelim), and children of civilian employees who are in “missing status” as defined in [section 5561(5) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5561/5&num=0&edition=prelim). 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 Is

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 8456 — Midshipmen: nomination and selection to

Page 3265 TITLE 10—ARMED FORCES § 8456 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 ex- ceed 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 AP- PLICATION 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 appoint- ments to such academy for the class beginning in cal- endar year 1976, and (2) the academic and other rel- evant standards required for appointment, admission, training, graduation, and commissioning of female in- dividuals shall be the same as those required for male individuals, except for those minimum essential adjust- ments in such standards required because of physio- logical differences between male and female individ- uals, 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

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