Sec. 553. ALLOCATION OF AUTHORITY FOR NOMINATIONS TO THE MILITARY SERVICE ACADEMIES IN THE EVENT OF THE DEATH, RESIGNATION, OR EXPULSION FROM OFFICE OF A MEMBER OF CONGRESS

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## SEC. 553 ALLOCATION OF AUTHORITY FOR NOMINATIONS TO THE MILITARY SERVICE ACADEMIES IN THE EVENT OF THE DEATH, RESIGNATION, OR EXPULSION FROM OFFICE OF A MEMBER OF CONGRESS ###

(a)United States Military Academy ####

(1)In general Chapter 753 of title 10, United States Code, is amended by inserting after section 7442 the following new section: > > ## “SEC. 7442a Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate > > **[**[10 U.S.C. 7442a](/us/usc/t10/s7442a)**]** > > > ### “(a) Senators > > In the event a Senator does not submit all nominations for cadets allocated to such Senator for an academic year in accordance with section 7442(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 cadets for the academic year, the nominations for cadets 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 cadets allocated to such Representative for an academic year in accordance with section 7442(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 cadets for the academic year, the nominations for cadets 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 cadet by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 7442 of this title.” > . ####

(2)Clerical amendment **[**[10 U.S.C. 7431](/us/usc/t10/s7431)**]** The table of sections at the beginning of chapter 753 of such title is amended by inserting after the item relating to section 7442 the following new item:" “7442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate.” ". ###

(b)United States Naval Academy ####

(1)In general Chapter 853 of title 10, United States Code, is amended by inserting after section 8454 the following new section: > > ## “SEC. 8454a Midshipmen: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate > > **[**[10 U.S.C. 8454a](/us/usc/t10/s8454a)**]** > > > ### “(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.” > . ####

(2)Clerical amendment **[**[10 U.S.C. 8451](/us/usc/t10/s8451)**]** The table of sections at the beginning of chapter 853 of such title is amended by inserting after the item relating to section 8454 the following new item:" “8454a. Midshipmen: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate.” ". ###

(c)Air Force Academy ####

(1)In general Chapter 953 of title 10, United States Code, is amended by inserting after section 9442 the following new section: > > ## “SEC. 9442a Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate > > **[**[10 U.S.C. 9442a](/us/usc/t10/s9442a)**]** > > > ### “(a) Senators > > In the event a Senator does not submit all nominations for cadets allocated to such Senator for an academic year in accordance with section 9442(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 cadets for the academic year, the nominations for cadets 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 cadets allocated to such Representative for an academic year in accordance with section 9442(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 cadets for the academic year, the nominations for cadets 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 cadet by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 9442 of this title.” > . ####

(2)Clerical amendment **[**[10 U.S.C. 9431](/us/usc/t10/s9431)**]** The table of sections at the beginning of chapter 953 of such title is amended by inserting after the item relating to section 9442 the following new item:" “9442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate.” ". ###

(d)Report Not later than September 30, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding implementation of the amendments under this section, including— ####

(1)the estimate of the Secretary regarding the frequency with which the authorities under such amendments will be used each year; and ####

(2)the number of times a Member of Congress has failed to submit nominations to the military academies due to death, resignation from office, or expulsion from office.

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Sec. 553

ALLOCATION OF AUTHORITY FOR NOMINATIONS TO THE MILITARY SERVICE ACADEMIES IN THE EVENT OF THE DEATH, RESIGNATION, OR EXPULSION FROM OFFICE OF A MEMBER OF CONGRESS

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