[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S7899-S7900]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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.''.
                                 ______