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U.S. Code as of:
01/19/04
Section 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 or such higher 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 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) Three 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) Three from Guam, nominated by the Delegate in Congress from
Guam.
(9) Two 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 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. However, no increase may be prescribed for
any academic year after the 2007-2008 academic year.
(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.
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