Aug. 10, 1956, ch. 1041 70A Stat. 430 Pub. L. 88–276, § 378 Stat. 151 Pub. L. 90–37482 Stat. 283 Pub. L. 93–171, § 2(4)87 Stat. 690 Pub. L. 94–106, title VIII, § 803(b)(2)89 Stat. 538 Pub. L. 97–60, title II, § 20695 Stat. 1007 Pub. L. 101–510, div. A, title V, § 532(b)(2)104 Stat. 1563 Pub. L. 109–163, div. A, title V, § 515(b)(1)(R)119 Stat. 3233 Pub. L. 112–239, div. A, title X, § 1076(f)(41)126 Stat. 1954 Pub. L. 115–232, div. A, title VIII132 Stat. 1836 (, , § 6956; , , ; , , ; , , ; , , ; , , ; , title XIII, § 1322(a)(14), , , 1671; , , ; , , ; renumbered § 8456 and amended , §§ 807(c)(1), 809(a), , , 1840.)
|
Historical and Revision Notes |
||
|---|---|---|
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
6956(a), (b), (c) | June 29, 1906, ch. 3590, 34 Stat. 578 (last par.). | |
6956(d) | ||
6956(e) | ||
6956(f) | 34 U.S.C. 1047 (1st proviso). | June 30, 1950, ch. 421, § 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.
Editorial Notes
Amendments
Pub. L. 115–232, § 807(c)(1)section 6956 of this title2018—, renumbered as this section.
Pub. L. 115–232, § 809(a)Subsec. (b). , substituted “section 8454(a)” for “section 6954(a)”.
Pub. L. 112–2392013—Subsec. (b). substituted “paragraphs” for “clauses”.
Pub. L. 109–1632006—Subsec. (a)(2). substituted “Navy Reserve” for “Naval Reserve”.
Pub. L. 101–510, § 1322(a)(14)1990—Subsec. (a). , 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.”
Pub. L. 101–510, § 1322(a)(14)(B)Subsec. (b). , redesignated subsec. (c) as (b). Former subsec. (b) redesignated (a).
Pub. L. 101–510, § 1322(a)(14)(B)Subsec. (c). , redesignated 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)”.
Pub. L. 101–510, § 1322(a)(14)(B)Subsec. (d). , redesignated subsec. (d) as (c).
Pub. L. 97–601981—Subsecs. (b) to (d). 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.
Pub. L. 94–1061975—Subsec. (d). substituted “enlisted members” for “enlisted men” in pars. (1) and (2).
Pub. L. 93–1711973—Subsec. (e). substituted reference to clauses (2)–(9) of section 6954(a) for reference to clauses (2)–(8) of section 6954(a).
Pub. L. 90–3741968—Subsec. (a). substituted “nine alternates” for “five alternates”.
Pub. L. 88–276, § 3(1)1964—Subsec. (a). , substituted “five alternates” for “one or more alternates”.
Pub. L. 88–276, § 3(2)Subsec. (e). , substituted “three-fourths of those nominated” for “two-thirds of those nominated”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Pub. L. 115–232section 800 of Pub. L. 115–232section 3001 of this titleAmendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .
Effective Date of 1973 Amendment
Pub. L. 93–171section 4 of Pub. L. 93–171section 7442 of this titleFor effective date of amendment by , see , set out as a note under .
Number of Alternate-Appointees From Congressional Sources Not To Be Reduced Because of Additional Presidential Appointments
section 6954(b)(1) of this titlesection 7443 of this titleNonreduction of number of appointees from congressional sources under this section because of additional presidential appointments under , see note set out under .