dreamproit/uscode huggingface dataset:
10 U.S.C. § 6953 (ARMED FORCES)
§ 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.)
heading: Historical and Revision Notes
text: 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.
heading: Amendments
text: 1981—Pub. L. 97–60 inserted provision that an appointment is conditional until the midshipman is admitted.
heading: Effective Date of 1981 Amendment
text: 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.
10 U.S.C. § 6955 (ARMED FORCES)
§ 6955. Midshipmen: allotment upon redistricting of Congressional Districts
If as a result of redistricting a State the domicile of a midshipman, or a nominee, nominated by a Representative falls within a congressional district other than that from which he was nominated, 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.)
text: 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 district other than that from which he was nominated” are substituted for the word “another”. The words “were appointed with respect to”, “of the former district”, “as additional numbers”, “at such academy for the Representative”, “temporarily”, and “in attendance 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.
10 U.S.C. § 6957b (ARMED FORCES)
§ 6957b. Foreign and cultural exchange activities
(a) Attendance Authorized.—
The Secretary of the Navy may authorize the Naval Academy to permit students, officers, and other representatives of a foreign country to attend the Naval Academy for periods of not more than two weeks if the Secretary determines that the attendance of such persons contributes significantly to the development of foreign language, cross cultural interactions and understanding, and cultural immersion of midshipmen.
(b) Costs and Expenses.—
The Secretary may pay the travel, subsistence, and similar personal expenses of persons incurred to attend the Naval Academy under subsection (a).
(c) Effect of Attendance.—
Persons attending the Naval Academy under subsection (a) are not considered to be students enrolled at the Naval Academy and are in addition to persons receiving instruction at the Naval Academy under section 6957 or 6957a of this title.
(d) Source of Funds; Limitation.—
(1) The Naval Academy shall bear the costs of the attendance of persons under subsection (a) from funds appropriated for the Naval Academy and from such additional funds as may be available to the Naval Academy from a source, other than appropriated funds, to support cultural immersion, regional awareness, or foreign language training activities in connection with their attendance.
(2) Expenditures from appropriated funds in support of activities under this section may not exceed $40,000 during any fiscal year.
(Added Pub. L. 110–417, [div. A], title V, § 541(b)(1), Oct. 14, 2008, 122 Stat. 4455.)
10 U.S.C. § 6960 (ARMED FORCES)
§ 6960. Midshipmen: clothing and equipment; uniform allowance
The Secretary of the Navy may prescribe the amount to be credited to a midshipman, upon original admission to the Naval Academy, for the cost of his initial issue of clothing and equipment. That amount shall be deducted from his pay. If a midshipman is discharged before graduation while owing the United States for pay advanced for the purchase of required clothing and equipment, he shall turn in as much of his clothing and equipment of a distinctively military nature as is necessary to repay the amount advanced. If the value of the clothing and equipment turned in does not cover the amount owed, the indebtedness shall be canceled.
(Aug. 10, 1956, ch. 1041, 70A Stat. 432.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
6960
34 U.S.C. 1052a.
Aug. 22, 1951, ch. 340, § 1, 65 Stat. 196.
The word “new” before “midshipmen” and the word “subsequently” after “deducted” are omitted as surplusage. The words “while owing the United States for pay advanced for the purchase of” are substituted for the words “who is indebted to the United States on account of advances of pay to purchase”.
10 U.S.C. § 6961 (ARMED FORCES)
§ 6961. Midshipmen: dismissal for best interests of the service
(a) Whenever the Superintendent of the Naval Academy believes that the continued presence of any midshipman at the Academy is contrary to the best interest of the service, he shall report in writing to the Secretary of the Navy a full statement of the facts upon which his belief is based. If the Secretary determines from the report that the Superintendent’s belief is well founded, the Secretary shall serve a copy of the report on the midshipman. Within such time as the Secretary considers reasonable, the midshipman shall show cause in writing why he should not be dismissed from the Academy. The Secretary, after consideration of any cause so shown, and with the written approval of the President, may dismiss the midshipman from the Academy and from the naval service.
(b) The truth of any issue of fact raised under subsection (a), except as to the record of demerits, shall be determined by a court of inquiry convened by the Secretary.
(Aug. 10, 1956, ch. 1041, 70A Stat. 432.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
6961
34 U.S.C. 1062.
Apr. 9, 1906, ch. 1370, § 1, 34 Stat. 104.
The words “court of inquiry” are substituted for the words “board of inquiry” to conform to the terminology of the Uniform Code of Military Justice. The words “under the rules and regulations for the government of the Navy” are omitted as unnecessary.
heading: Delegation of Functions
text: For delegation to Secretary of Defense of authority vested in President by section 1062 of former Title 34, see Ex. Ord. No. 10621, July 1, 1955, 20 F.R. 4759, set out as a note under section 301 of Title 3, The President.
10 U.S.C. § 6962 (ARMED FORCES)
§ 6962. Midshipmen: discharge for unsatisfactory conduct or inaptitude
(a) The Superintendent of the Naval Academy shall submit to the Secretary of the Navy in writing a full report of the facts—
(1) whenever the Superintendent determines that the conduct of a midshipman is unsatisfactory; or
(2) whenever the Academic Board unanimously determines that midshipman possesses insufficient aptitude to become a commissioned officer in the naval service.
(b) A midshipman upon whom a report is made under subsection (a) shall be given an opportunity to examine the report and submit a written statement thereon. If the Secretary believes, on the basis of the report and statement, that the determination of the Superintendent or of the Academic Board is reasonable and well founded, he may discharge the midshipman from the Naval Academy and from the naval service.
(Aug. 10, 1956, ch. 1041, 70A Stat. 432.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
6962
34 U.S.C. 1062a.
Dec. 11, 1945, ch. 562, 59 Stat. 605.
10 U.S.C. § 6963 (ARMED FORCES)
§ 6963. Midshipmen: discharge for deficiency
Midshipmen found deficient at any examination shall, unless the Academic Board recommends otherwise, be discharged from the Naval Academy and from the naval service.
(Aug. 10, 1956, ch. 1041, 70A Stat. 433.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
6963
34 U.S.C. 1053.
R.S. 1519; restored Oct. 22, 1921, ch. 113, § 2, 42 Stat. 207.
10 U.S.C. § 6965 (ARMED FORCES)
§ 6965. Failure to report violation: dismissal
(a) Each officer stationed at the Naval Academy, each midshipman officer, each midshipman petty officer, and each civilian member of the teaching staff of the Academy shall report promptly to the Superintendent of the Naval Academy any fact that tends to show the commission of hazing or any violation of an Academy regulation by a midshipman.
(b) An officer of the naval service who fails to make a report required by subsection (a) shall be tried by court-martial and if convicted shall be dismissed from the naval service.
(c) A civilian member of the teaching staff of the Academy who fails to make a report required by subsection (a) shall, with the approval of the Secretary of the Navy, be dismissed by the Superintendent.
(Aug. 10, 1956, ch. 1041, 70A Stat. 433.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
6965
34 U.S.C. 1068.
Apr. 9, 1906, ch. 1370, § 5, 34 Stat. 105.
In subsection (a) the words “each officer stationed at the Naval Academy, each midshipman officer, each midshipman petty officer, and each civilian member of the teaching staff of the Academy shall” are substituted for the words “it shall be the duty of every professor, assistant professor, academic officer, or any cadet officer or cadet petty officer, or instructor, as well as every other officer stationed at the United States Naval Academy to” to state the current applicability of the provision. The words “commission of hazing” are substituted for the words “violation * * * of any of the provisions of this Act”.
In subsection (b) the words “for neglect of duty” are omitted inasmuch as the Uniform Code of Military Justice sets out the offenses for which persons subject to the Code may be tried.
10 U.S.C. § 6966 (ARMED FORCES)
§ 6966. Course of study
(a) The course at the Naval Academy is four years.
(b) The Secretary of the Navy shall arrange the course so that classes will not be held on Sunday.
(Aug. 10, 1956, ch. 1041, 70A Stat. 434.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
6966(a)
34 U.S.C. 1054.
Mar. 7, 1912, ch. 53 (1st 11 words), 37 Stat. 73.
6966(b)
34 U.S.C. 1056.
R.S. 1526.
In subsection (b) the words “of studies and the order of recitations” are omitted as surplusage. The words “classes will not be held on Sunday” are substituted for the words “students in said institution shall not be required to pursue their studies on Sunday”.
10 U.S.C. § 6967 (ARMED FORCES)
§ 6967. Degree on graduation
Under regulations prescribed by the Secretary of the Navy, the Superintendent of the Naval Academy may confer the degree of bachelor of science upon graduates of the Academy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 434.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
6967
34 U.S.C. 1057a (less last sentence).
May 25, 1933, ch. 37, 48 Stat. 73 (less last sentence); Aug. 9, 1946, ch. 932, 60 Stat. 968; Aug. 4, 1949, ch. 393, § 13, 63 Stat. 559; Aug. 18, 1949, ch. 476, 63 Stat. 614.
The word “regulations” is substituted for the words “such rules and regulations”. Since the Naval Academy is now accredited, the words “from and after the date of accrediting of said Academy” are omitted as executed.
heading: Degrees for Persons Who Graduated Before Accrediting of Naval Academy
text: Act Aug. 10, 1956, ch. 1041, § 35, 70A Stat. 634, provided in part that, under conditions prescribed by the Secretary of the Navy, the Superintendent of the United States Naval Academy may confer the degree of bachelor of science upon living graduates of the Academy who were graduated before the date of accrediting of the Academy and who meet the requirements of the Academy for that degree.
10 U.S.C. § 6969 (ARMED FORCES)
§ 6969. Band: composition
(a) The Naval Academy Band shall be composed of one leader, one second leader, and such enlisted members of the Navy as may be assigned.
(b) In determining years of service for the purpose of retirement, and in determining eligibility for reenlistment bonus, the members who are assigned as leader and second leader shall be treated as if they had not been so assigned.
(c) The enlisted members assigned to the Naval Academy Band shall be distributed in grade substantially the same as in the United States Navy Band.
(Aug. 10, 1956, ch. 1041, 70A Stat. 435; Pub. L. 87–649, § 14c(52), Sept. 7, 1962, 76 Stat. 501.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
6969
34 U.S.C. 1091a.
Feb. 14, 1931, ch. 184, 46 Stat. 1111; July 17, 1953, ch. 226, § 2, 67 Stat. 181.
In subsection (a) the words “of the Navy” are supplied since the requirement that the distribution in ratings be similar to that in the United States Navy Band indicates that the Naval Academy Band should not include members of the Marine Corps, and it is so interpreted.
In subsection (b) the words “an officer in the grade of warrant officer, W–1,” are substituted for the words “a warrant officer” because the Warrant Officer Act of 1954 established the grade of warrant officer, W–1, in lieu of all the former warrant officer (as distinguished from commissioned warrant officer) grades. The second sentence covers that part of the second proviso which relates to pay and makes reference to the Career Compensation Act of 1949, since it is that Act which governs entitlement to basic pay and the computation of cumulative years of creditable service. Retirement rights and reenlistment bonuses referred to in the second proviso are covered in the third sentence of this subsection, giving recognition to the fact that the status of the members who are assigned as leader and second leader of the band remains unchanged in these respects.
heading: Amendments
text: 1962—Subsec. (b). Pub. L. 87–649 repealed first and second sentences which related to pay and allowances for the leader and second leader of the Naval Academy Band, and to crediting of service for pay purposes. See sections 207 and 424 of Title 37, Pay and Allowances of the Uniformed Services.
heading: Effective Date of 1962 Amendment
text: Amendment by Pub. L. 87–649 effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.
heading: Permanent Grade of Present Leader of Band
text: Act July 17, 1953, ch. 226, § 3, 67 Stat. 180, authorized President to appoint present leader of United States Navy Band to permanent commissioned grade of commander in the Navy, and that such appointment shall be deemed to be not in the line of the Navy or in any staff corps of the Navy.
10 U.S.C. § 6970 (ARMED FORCES)
§ 6970. Permanent professors: promotion
(a) Promotion.—
An officer serving as a permanent professor may be recommended for promotion to the grade of captain or colonel, as the case may be, under regulations prescribed by the Secretary of the Navy. The regulations shall include a competitive selection board process to identify those permanent professors best qualified for promotion. An officer so recommended shall be promoted by appointment to the higher grade by the President, by and with the advice and consent of the Senate.
(b) Effective Date of Promotion.—
If made, the promotion of an officer under subsection (a) shall be effective not earlier than three years after the selection of the officer as a permanent professor as described in that subsection.
(Added Pub. L. 110–181, div. A, title V, § 508(a)(1)(B), Jan. 28, 2008, 122 Stat. 97.)
heading: Prior Provisions
text: A prior section 6970 was renumbered section 6970a of this title.
Another prior section 6970, acts Aug. 10, 1956, ch. 1041, 70A Stat. 435; Nov. 2, 1966, Pub. L. 89–718, § 37, 80 Stat. 1120, related to detailing and duties of storekeeper at the Naval Academy, prior to repeal by Pub. L. 104–201, div. A, title III, § 370(c), (e), Sept. 23, 1996, 110 Stat. 2499, effective Oct. 1, 1996.
10 U.S.C. § 6970a (ARMED FORCES)
§ 6970a. Permanent professors: retirement for years of service; authority for deferral
(a) Retirement for Years of Service.—
(1) Except as provided in subsection (b), an officer of the Navy or Marine Corps serving as a permanent professor at the Naval Academy in the grade of commander or lieutenant colonel who is not on a list of officers recommended for promotion to the grade of captain or colonel, as the case may be, shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 28 years of active commissioned service.
(2) Except as provided in subsection (b), an officer of the Navy or Marine Corps serving as a permanent professor at the Naval Academy in the grade of captain or colonel who is not on a list of officers recommended for promotion to the grade of rear admiral (lower half) or brigadier general, as the case may be, shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 30 years of active commissioned service.
(b) Continuation on Active Duty.—
(1) An officer subject to retirement under subsection (a) may have his retirement deferred and be continued on active duty by the Secretary of the Navy.
(2) Subject to section 1252 of this title, the Secretary of the Navy shall determine the period of any continuation on active duty under this section.
(c) Eligibility for Promotion.—
A permanent professor at the Naval Academy in the grade of commander or lieutenant colonel who is continued on active duty as a permanent professor under subsection (b) remains eligible for consideration for promotion to the grade of captain or colonel, as the case may be.
(d) Retired Grade and Retired Pay.—
Each officer retired under this section—
(1) unless otherwise entitled to a higher grade, shall be retired in the grade determined under section 1370 of this title; and
(2) is entitled to retired pay computed under section 6333 of this title.
(Added Pub. L. 109–163, div. A, title V, § 509(b)(1), Jan. 6, 2006, 119 Stat. 3229, § 6970; renumbered § 6970a, Pub. L. 110–181, div. A, title V, § 508(a)(1)(A), Jan. 28, 2008, 122 Stat. 96.)
heading: Amendments
text: 2008—Pub. L. 110–181 renumbered section 6970 of this title as this section.
10 U.S.C. § 6972 (ARMED FORCES)
§ 6972. Chapel: crypt and window spaces
The crypt and window spaces of the Naval Academy Chapel may be used only for memorials to officers of the Navy who have successfully commanded a fleet or squadron in battle or who have received the thanks of Congress for conspicuously distinguished services in time of war. No memorial to an officer may be accepted for, or installed in, the crypt or window spaces until at least five years after the death of that officer.
(Aug. 10, 1956, ch. 1041, 70A Stat. 435.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
6972
34 U.S.C. 1111.
Mar. 3, 1909, ch. 255, 35 Stat. 773 (2d par.).
The words “United States” in connection with the chapel, the words “of the United States” in connection with naval officers and with Congress, and the words “or may receive” are omitted as surplusage. The proviso is omitted as executed.
10 U.S.C. § 6974 (ARMED FORCES)
§ 6974. United States Naval Academy Museum Fund: references to Fund
Any reference in a law, regulation, document, paper, or other record of the United States to the United States Naval Academy Museum Fund formerly maintained under this section shall be deemed to refer to the United States Naval Academy Gift and Museum Fund maintained under section 6973 of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 436; Pub. L. 106–398, § 1 [[div. A], title IX, § 942(d)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–242.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
6974(a)
34 U.S.C. 1118.
Mar. 26, 1938, ch. 52, § 3, 52 Stat. 119.
6974(b)
34 U.S.C. 1119.
Mar. 26, 1938, ch. 52, § 4, 52 Stat. 119.
6974(c)
34 U.S.C. 1120.
Mar. 26, 1938, ch. 52, § 5, 52 Stat. 119.
heading: Amendments
text: 2000—Pub. L. 106–398 amended section catchline and text generally. Prior to amendment, section related to acceptance and administration of gifts, bequests, and loans for the benefit of the Naval Academy Museum.
heading: Consolidation of Naval Academy General Gift Fund and Naval Academy Museum Fund
text: Pub. L. 106–398, § 1 [[div. A], title IX, § 942(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–241, provided that:
“(1) The Secretary of the Navy shall transfer all amounts in the United States Naval Academy Museum Fund established by section 6974 of title 10, United States Code, to the gift fund maintained for the benefit and use of the United States Naval Academy under section 6973 of such title. Upon completing the transfer, the Secretary shall close the United States Naval Academy Museum Fund.
“(2) Amounts transferred under this subsection shall be merged with other amounts in the gift fund to which transferred and shall be available for the purposes for which amounts in that gift fund are available.”