10 U.S.C. § 8454a — Midshipmen: 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
If a senator or representative dies, resigns, or is expelled before finishing their midshipmen nominations, someone else can nominate in their place. For a senator, it's the other senator from that state. For a representative, it's that state's senators. This does not permanently change who gets to nominate under section 8454.
(a) Senators. Suppose a senator does not submit all the midshipmen nominations allowed under section 8454(a)(3) for an academic year, because the senator died, resigned, or was expelled — and their successor is not sworn in until after the nomination deadline has passed. In that case, the other senator from that state may make those leftover nominations instead.
(b) Representatives. Suppose a representative does not submit all the nominations allowed under section 8454(a)(4) for an academic year, because the representative died, resigned, or was expelled — and their successor is not sworn in until after the deadline has passed. In that case, that state's senators may make those leftover nominations instead, split evenly between them, with any extra going to the senior senator.
(c) Rule of Construction. A nomination made this way does not permanently shift who normally gets to nominate under section 8454.
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.
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.
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.
Source credit: (Added Pub. L. 117–81, div. A, title V, § 553(b)(1), Dec. 27, 2021, 135 Stat. 1737.)
- 2021Enacted · Pub. L. 117-81 · 135 Stat. 1737
A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-81 on 2021-12-27.
all 0 arguments · sorted by: best
no arguments yet — make the first case