2010 US Code
Title 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART III - EDUCATION AND TRAINING
CHAPTER 603 - UNITED STATES NAVAL ACADEMY
Sec. 6953 - Midshipmen: appointment

Midshipmen at the Naval Academy shall be appointed by the President alone. An appointment is conditional until the midshipman is admitted.

(Aug. 10, 1956, ch. 1041, 70A Stat. 429; Pub. L. 97–60, title II, §203(b)(1), Oct. 14, 1981, 95 Stat. 1006.)

This section is included in this chapter without specific reference to statutory source to resolve the ambiguities and conflicts existing in the statutes relating to the appointment of midshipmen at the Naval Academy. The word “appoint” has been used in various statutes when the intent of Congress was to provide authority in the persons named to “choose,” “select,” or “nominate” for the office of midshipman. These statutes have been collected and codified in §6954 of this title, which reflects the various sources of nominees for “appointment” as midshipmen and the persons who may so “nominate” them. The actual appointing power resides in the President and this implied authority is herein expressed for clarity and for the purpose of uniformity of expression.

1981—Pub. L. 97–60 inserted provision that an appointment is conditional until the midshipman is admitted.

Amendment by Pub. L. 97–60 effective with respect to nominations for appointment to the first class admitted to each Academy after Oct. 14, 1981, see section 203(d) of Pub. L. 97–60, set out as an Effective Date note under section 4341a of this title.