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 expeditious ad- mission 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. § 8454a. Midshipmen: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate (a) SENATORS.—In the event a Senator does not submit all nominations for midshipmen allo- cated to such Senator for an academic year in accordance with section 8454(a)(3) of this title, due to death, resignation from office, or expul- sion from office, and the date of the swearing-in of the Senator’s successor as Senator occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative. (b) REPRESENTATIVES.—In the event a Rep- resentative does not submit all nominations for midshipmen allocated to such Representative for an academic year in accordance with section 8454(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative’s successor as Representative occurs after the date of the deadline for submittal of nomina- tions for midshipmen for the academic year, the nominations for midshipmen for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations di- vided equally among such Senators and any re- mainder going to the senior Senator from the State. (c) RULE OF CONSTRUCTION.—The nomination of a midshipman by a Member of Congress pur- suant to this section shall not be construed to permanently reallocate nominations under sec- tion 8454 of this title. (Added Pub. L. 117–81, div. A, title V, § 553(b)(1), Dec. 27, 2021, 135 Stat. 1737.) § 8455. Midshipmen: allotment upon redistricting of Congressional Districts If as a result of redistricting a State the domi- cile of a midshipman, or a nominee, nominated by a Representative falls within a congressional district other than that from which he was nom- inated, 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; re- numbered § 8455, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836.) HISTORICAL AND REVISION NOTES Revised section Source (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 dis- trict other than that from which he was nominated’’ are substituted for the word ‘‘another’’. The words ‘‘were appointed with respect to’’, ‘‘of the former dis- trict’’, ‘‘as additional numbers’’, ‘‘at such academy for the Representative’’, ‘‘temporarily’’, and ‘‘in attend- ance 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. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6955 of this title as this section. Statutory Notes and Related Subsidiaries 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— Page 3266 TITLE 10—ARMED FORCES § 8456 (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 vacan- cies by nominating for appointment other can- didates from any of these sources who were found best qualified on examination for admis- sion and not otherwise nominated. (b) If it is determined that, upon the admis- sion 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 alter- nates 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 alter- nates under paragraphs (2) through (8) of section 8454(a) of this title, and the remainder shall be from qualified candidates who competed for ap- pointment 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; re- numbered § 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 section Source (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 pro- viso). June 30, 1950, ch. 421, § 2 (1st proviso), 64 Stat. 304. The section is worded to indicate that all appoint- ments are made by the President, and that, before ap- pointment, prospective midshipmen are ‘‘nominees’’ or ‘‘candidates’’, as appropriate. In subsection (b) the provision authorizing the Sec- retary 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 sub- section (e), the purpose of which was to assure the en- trance 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 Acad- emy 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, ir- respective of a specific provision so instructing him. In subsection (f) the word ‘‘admission’’ is changed to the word ‘‘appointment’’, since the admission of a per- son is a consequence of, and follows automatically from, his appointment. The statement of reasons for failure to complete the course is omitted as unneces- sary. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 807(c)(1), renumbered section 6956 of this title as this section. Subsec. (b). Pub. L. 115–232, § 809(a), substituted ‘‘sec- tion 8454(a)’’ for ‘‘section 6954(a)’’. 2013—Subsec. (b). Pub. L. 112–239 substituted ‘‘para- graphs’’ 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), redesig- nated 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 fol- lowing 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), redesig- nated subsec. (c) as (b). Former subsec. (b) redesignated (a). Subsec. (c). Pub. L. 101–510, § 1322(a)(14)(B), redesig- nated 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), redesig- nated 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 fol- lowing notification under subsection (a) be made by the fourth of March of the year following that in which no- tice 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 mem- bership 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) pro- viding that the nomination of candidates to fill vacan- cies 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 al- ternates’’ 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’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and Page 3267 TITLE 10—ARMED FORCES § 8458 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 CONGRES- SIONAL SOURCES NOT TO BE REDUCED BECAUSE OF ADDITIONAL PRESIDENTIAL APPOINTMENTS Nonreduction of number of appointees from congres- sional 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 regu- lations as the Secretary of the Navy pre- scribes, 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, Puer- to 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 sub- scribe to the prescribed oath, the candidate’s ap- pointment 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 section Source (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. HISTORICAL AND REVISION NOTES—CONTINUED Revised section Source (U.S. Code) Source (Statutes at Large) 6958(a)(2) 34 U.S.C. 1043. R.S. 1515. 6958(b) ..... 34 U.S.C. 1047 (2d pro- viso). 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 exe- cuted. The words ‘‘at least 17 years of age and must not have passed his twenty-second birthday’’ are sub- stituted for the words ‘‘not less than seventeen years of age and not more than twenty-two years of age’’ to re- move ambiguity, and for uniformity of treatment of provisions of this type. The reference to time of exam- ination is omitted as being included within the Sec- retary’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 sub- stituted for the words ‘‘actual resident of’’ since this term has been so interpreted. Editorial Notes AMENDMENTS 2018—Pub. 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)’’. Statutory Notes and Related Subsidiaries 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 EN- LISTED 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 ac-