Title 10, Armed ForcesRelease 119-110

§8454a Midshipmen: Nomination in Event of Death, Resignation, or Expulsion From Office of Member of Congress Otherwise Authorized to Nominate

Title 10 › Subtitle C — Navy and Marine Corps › PART III — EDUCATION AND TRAINING › CHAPTER 853 — UNITED STATES NAVAL ACADEMY › § 8454a

Last updated Sep 22, 2026|Official source

Summary

If a Senator dies, resigns, or is expelled and their replacement is sworn in after the midshipman nomination deadline for the school year, the other Senator from that state can make the missing nominations. If a Representative dies, resigns, or is expelled and their replacement is sworn in after the deadline, the two Senators from that state split the Representative’s nomination slots equally, and any extra slot goes to the senior Senator. Letting another Member make nominations for that year does not change how slots are assigned long term.

Full Legal Text

Title 10, §8454a

Armed Forces, Source: USLM XML via OLRC

(a)Senators.—

In the event a Senator does not submit all nominations for midshipmen allocated to such Senator for an academic year in accordance with section 8454(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator’s successor as Senator occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative.

(b)Representatives.—

In the event a Representative does not submit all nominations for midshipmen allocated to such Representative for an academic year in accordance with section 8454(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative’s successor as Representative occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State.

(c)Rule of Construction.—

The nomination of a midshipman by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 8454 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 8454a

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110