10 USC § 8453 - Midshipmen: appointment

---
identifier: "/us/usc/t10/s8453"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 8453 - Midshipmen: appointment"
title_number: 10
title_name: "ARMED FORCES"
section_number: "8453"
section_name: "Midshipmen: appointment"
chapter_number: 853
chapter_name: "UNITED STATES NAVAL ACADEMY"
part_number: "III"
part_name: "EDUCATION AND TRAINING"
positive_law: true
currency: "119-73"
last_updated: "2026-03-26"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Aug. 10, 1956, ch. 1041, 70A Stat. 429, § 6953; Pub. L. 97–60, title II, § 203(b)(1), Oct. 14, 1981, 95 Stat. 1006; renumbered § 8453, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)"
---


# § 8453. Midshipmen: appointment

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

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**Source Credit**: (Aug. 10, 1956, ch. 1041, 70A Stat. 429, § 6953; Pub. L. 97–60, title II, § 203(b)(1), Oct. 14, 1981, 95 Stat. 1006; renumbered § 8453, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)

### Historical and Revision Notes

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 , 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.

## Editorial Notes

### Amendments

2018— renumbered  as this section.

1981— inserted provision that an appointment is conditional until the midshipman is admitted.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2018 Amendment

Amendment 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 1981 Amendment

Amendment by  effective with respect to nominations for appointment to the first class admitted to each Academy after , see , set out as an Effective Date note under .