10 U.S.C. § 7442a — Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate
submitted 5 years ago by Pub. L. 117-81 to r/title-10-ARMED-FORCES · 262 words · no verdicts yet
This law lets someone else make a Senator's or Representative's cadet nominations if that lawmaker dies, resigns, or is expelled before finishing them, and their successor doesn't take office in time. A Senator's leftover nominations go to the other Senator from the same state, and a Representative's go to that state's Senators. This does not permanently shift who normally gets to make future nominations.
(a) Senators: If a Senator does not submit all their allowed cadet nominations for a school year because they died, resigned, or were expelled — and their successor isn't sworn in until after the nomination deadline — the other Senator from that state may make those leftover nominations instead.
(b) Representatives: If a Representative does not submit all their allowed cadet nominations for a school year because they died, resigned, or were expelled — and their successor isn't sworn in until after the deadline — the Senators from that state may make those leftover nominations instead, split evenly between the two Senators, with any leftover nomination going to the state's senior Senator.
(c) Rule of Construction: A cadet nomination made this way does not permanently change who is normally allowed to make nominations under section 7442.
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.
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.
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.
Source credit: (Added Pub. L. 117–81, div. A, title V, § 553(a)(1), Dec. 27, 2021, 135 Stat. 1736.)
- 2021Enacted · Pub. L. 117-81 · 135 Stat. 1736
A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-81 on 2021-12-27.
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