S.Amdt. 4386

SA 4386. Mr. VAN HOLLEN submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

Strike section 572 and insert the following:

SEC. 572. ALLOCATION OF AUTHORITY FOR NOMINATIONS TO THE
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

``(a) Senators.--In the event a Senator does not submit
nominations for cadets 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 otherwise authorized to be made by the Senator
pursuant to such section shall be made instead by the other
Senator from the State concerned.
``(b) Representatives.--In the event a Representative from
a State does not submit nominations for cadets 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 otherwise
authorized to be made by the Representative pursuant to such
section shall be made instead by the Senators from the State
of the congressional district concerned, with such
nominations divided equally among such Senators and any
remainder going to the senior Senator from the State.
``(c) Construction of Authority.--Any nomination for cadets
made by a Member pursuant to this section is not a
reallocation of a nomination. Such nominations are made in
lieu of a Member that does not submit nominations for cadets
for an academic year in accordance with section 7442 of this
title due to death, resignation from office, or expulsion
from office and the date of the swearing-in of the Member's
successor occurs after the date of the deadline for submittal
of nominations for cadets for the academic year.''.
(2) Clerical amendment.--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

``(a) Senators.--In the event a Senator does not submit
nominations for midshipmen 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 otherwise authorized to be made by
the Senator pursuant to such section shall be made instead by
the other Senator from the State concerned.
``(b) Representatives.--In the event a Representative from
a State does not submit nominations for midshipmen 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 otherwise authorized to be made by the
Representative pursuant to such section shall be made instead
by the Senators from the State of the congressional district
concerned, with such

[[Page S7900]]

nominations divided equally among such Senators and any
remainder going to the senior Senator from the State.
``(c) Construction of Authority.--Any nomination for
midshipmen made by a Member pursuant to this section is not a
reallocation of a nomination. Such nominations are made in
lieu of a Member that does not submit nominations for cadets
for an academic year in accordance with section 8454 of this
title due to death, resignation from office, or expulsion
from office and the date of the swearing-in of the Member's
successor occurs after the date of the deadline for submittal
of nominations for midshipmen for the academic year.''.
(2) Clerical amendment.--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

``(a) Senators.--In the event a Senator does not submit
nominations for cadets 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 otherwise authorized to be made by the Senator
pursuant to such section shall be made instead by the other
Senator from the State concerned.
``(b) Representatives.--In the event a Representative from
a State does not submit nominations for cadets 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 otherwise
authorized to be made by the Representative pursuant to such
section shall be made instead by the Senators from the State
of the congressional district concerned, with such
nominations divided equally among such Senators and any
remainder going to the senior Senator from the State.
``(c) Construction of Authority.--Any nomination for cadets
made by a Member pursuant to this section is not a
reallocation of a nomination. Such nominations are made in
lieu of a Member that does not submit nominations for cadets
for an academic year in accordance with section 9442 of this
title due to death, resignation from office, or expulsion
from office and the date of the swearing-in of the Member's
successor occurs after the date of the deadline for submittal
of nominations for cadets for the academic year.''.
(2) Clerical amendment.--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) Merchant Marine Academy.--
(1) In general.--Chapter 513 of title 46, United States
Code, is amended by inserting after section 51302 the
following new section:

``Sec. 51302a. Cadets: nomination in event of death,
resignation, or expulsion from office of member of Congress
otherwise authorized to nominate

``(a) Senators.--In the event a Senator does not submit
nominations for cadets for an academic year in accordance
with section 51302(b)(1) 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 otherwise authorized to be made by the Senator
pursuant to such section shall be made instead by the other
Senator from the State concerned.
``(b) Representatives.--In the event a Representative from
a State does not submit nominations for cadets for an
academic year in accordance with section 51302(b)(2) 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 otherwise
authorized to be made by the Representative pursuant to such
section shall be made instead by the Senators from the State
of the congressional district concerned, with such
nominations divided equally among such Senators and any
remainder going to the senior Senator from the State.
``(c) Construction of Authority.--Any nomination for cadets
made by a Member pursuant to this section is not a
reallocation of a nomination. Such nominations are made in
lieu of a Member that does not submit nominations for cadets
for an academic year in accordance with section 51302 of this
title due to death, resignation from office, or expulsion
from office and the date of the swearing-in of the Member's
successor occurs after the date of the deadline for submittal
of nominations for cadets for the academic year.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 513 of such title is amended by
inserting after the item relating to section 51302 the
following new item:

``51302a. Cadets: nomination in event of death, resignation, or
expulsion from office of member of Congress otherwise
authorized to nominate.''.
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