Chapter 853, Section 8454, Subsection (a) · 10 U.S.C. Chapter 853 — UNITED STATES NAVAL ACADEMY

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(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 4,400 or such lower 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 rated 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, and the percentage at which the 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)Four 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)Five from Guam, nominated by the Delegate in Congress from Guam.

(9)Three from American Samoa, nominated by the Delegate in Congress from American Samoa.

(10)Three from the Commonwealth of the Northern Mariana Islands, nominated by the Delegate in Congress from the commonwealth.

Each Senator, Representative, and Delegate in Congress, including the Resident Commissioner from Puerto Rico, is entitled to nominate 15 persons for each vacancy that is available to him under this section. Nominees may be submitted without ranking or with a principal candidate and up to 14 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. When a nominee of a Senator, Representative, or Delegate is selected for appointment as a midshipman, the Senator, Representative, or Delegate shall be notified at least 48 hours before the official notification or announcement of the appointment is made.

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