II 

117TH CONGRESS 

1ST SESSION S. 3127 

To amend title 10 and title 46, United States Code, to allocate authority 

for nominations to the service academies in the event of the death, 

resignation, or expulsion from office of a Member of Congress, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 1, 2021 

Mr. VAN HOLLEN (for himself and Mr. CARDIN) introduced the following bill; 

which was read twice and referred to the Committee on Armed Services 

A BILL 

To amend title 10 and title 46, United States Code, to 

allocate authority for nominations to the service academies in the event of the death, resignation, or expulsion 

from office of a Member of Congress, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Service Education Re5 allocation for Vacant Elected offices Act of 2021’’ or the 

6 ‘‘SERVE Act of 2021’’. 


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1 SEC. 2. ALLOCATION OF AUTHORITY FOR NOMINATIONS TO 

2 THE SERVICE ACADEMIES IN THE EVENT OF 

3 THE DEATH, RESIGNATION, OR EXPULSION 

4 FROM OFFICE OF A MEMBER OF CONGRESS. 

5 (a) UNITED STATES MILITARY ACADEMY.— 

6 (1) IN GENERAL.—Chapter 753 of title 10, 

7 United States Code, is amended by inserting after 

8 section 7442 the following new section: 

9 ‘‘§ 7442a. Cadets: nomination in event of death, res10 ignation, or expulsion from office of 

11 Member of Congress otherwise author12 ized to nominate 

13 ‘‘(a) SENATORS.—In the event a Senator does not 

14 submit nominations for cadets for an academic year in ac15 cordance with section 7442(a)(3) of this title due to death, 

16 resignation from office, or expulsion from office and the 

17 date of the swearing-in of the Senator’s successor as Sen18 ator occurs after the date of the deadline for submittal 

19 of nominations for cadets for the academic year, the nomi20 nations for cadets otherwise authorized to be made by the 

21 Senator pursuant to such section shall be made instead 

22 by the other Senator from the State concerned. 

23 ‘‘(b) REPRESENTATIVES.—In the event a Representa24 tive from a State does not submit nominations for cadets 

25 for an academic year in accordance with section 

26 7442(a)(4) of this title due to death, resignation from ofVerDate Sep 11 2014 16:56 Nov 03, 2021 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3127.IS S3127

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1 fice, or expulsion from office and the date of the swearing2 in of the Representative’s successor as Representative oc3 curs after the date of the deadline for submittal of nomi4 nations for cadets for the academic year, the nominations 

5 for cadets otherwise authorized to be made by the Rep6 resentative pursuant to such section shall be made instead 

7 by the Senators from the State of the congressional dis8 trict concerned, with such nominations divided equally 

9 among such Senators and any remainder going to the sen10 ior Senator from the State. 

11 ‘‘(c) CONSTRUCTION OF AUTHORITY.—Any nomina12 tion for cadets made by a Member pursuant to this section 

13 is not a reallocation of a nomination. Such nominations 

14 are made in lieu of a Member that does not submit nomi15 nations for cadets for an academic year in accordance with 

16 section 7442 of this title due to death, resignation from 

17 office, or expulsion from office and the date of the swear18 ing-in of the Member’s successor occurs after the date of 

19 the deadline for submittal of nominations for cadets for 

20 the academic year.’’. 

21 (2) CLERICAL AMENDMENT.—The table of sec22 tions at the beginning of chapter 753 of such title 

23 is amended by inserting after the item relating to 

24 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.’’. 


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1 (b) UNITED STATES NAVAL ACADEMY.— 

2 (1) IN GENERAL.—Chapter 853 of title 10, 

3 United States Code, is amended by inserting after 

4 section 8454 the following new section: 

5 ‘‘§ 8454a. Midshipmen: nomination in event of death, 

6 resignation, or expulsion from office of 

7 Member of Congress otherwise author8 ized to nominate 

9 ‘‘(a) SENATORS.—In the event a Senator does not 

10 submit nominations for midshipmen for an academic year 

11 in accordance with section 8454(a)(3) of this title due to 

12 death, resignation from office, or expulsion from office and 

13 the date of the swearing-in of the Senator’s successor as 

14 Senator occurs after the date of the deadline for submittal 

15 of nominations for midshipmen for the academic year, the 

16 nominations for midshipmen otherwise authorized to be 

17 made by the Senator pursuant to such section shall be 

18 made instead by the other Senator from the State con19 cerned. 

20 ‘‘(b) REPRESENTATIVES.—In the event a Representa21 tive from a State does not submit nominations for mid22 shipmen for an academic year in accordance with section 

23 8454(a)(4) of this title due to death, resignation from of24 fice, or expulsion from office and the date of the swearing25 in of the Representative’s successor as Representative ocVerDate Sep 11 2014 16:56 Nov 03, 2021 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3127.IS S3127

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1 curs after the date of the deadline for submittal of nomi2 nations for midshipmen for the academic year, the nomi3 nations for midshipmen otherwise authorized to be made 

4 by the Representative pursuant to such section shall be 

5 made instead by the Senators from the State of the con6 gressional district concerned, with such nominations di7 vided equally among such Senators and any remainder 

8 going to the senior Senator from the State. 

9 ‘‘(c) CONSTRUCTION OF AUTHORITY.—Any nomina10 tion for midshipmen made by a Member pursuant to this 

11 section is not a reallocation of a nomination. Such nomina12 tions are made in lieu of a Member that does not submit 

13 nominations for cadets for an academic year in accordance 

14 with section 8454 of this title due to death, resignation 

15 from office, or expulsion from office and the date of the 

16 swearing-in of the Member’s successor occurs after the 

17 date of the deadline for submittal of nominations for mid18 shipmen for the academic year.’’. 

19 (2) CLERICAL AMENDMENT.—The table of sec20 tions at the beginning of chapter 853 of such title 

21 is amended by inserting after the item relating to 

22 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.’’. 

23 (c) AIR FORCE ACADEMY.— 


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1 (1) IN GENERAL.—Chapter 953 of title 10, 

2 United States Code, is amended by inserting after 

3 section 9442 the following new section: 

4 ‘‘§ 9442a. Cadets: nomination in event of death, res5 ignation, or expulsion from office of 

6 Member of Congress otherwise author7 ized to nominate 

8 ‘‘(a) SENATORS.—In the event a Senator does not 

9 submit nominations for cadets for an academic year in ac10 cordance with section 9442(a)(3) of this title due to death, 

11 resignation from office, or expulsion from office and the 

12 date of the swearing-in of the Senator’s successor as Sen13 ator occurs after the date of the deadline for submittal 

14 of nominations for cadets for the academic year, the nomi15 nations for cadets otherwise authorized to be made by the 

16 Senator pursuant to such section shall be made instead 

17 by the other Senator from the State concerned. 

18 ‘‘(b) REPRESENTATIVES.—In the event a Representa19 tive from a State does not submit nominations for cadets 

20 for an academic year in accordance with section 

21 9442(a)(4) of this title due to death, resignation from of22 fice, or expulsion from office and the date of the swearing23 in of the Representative’s successor as Representative oc24 curs after the date of the deadline for submittal of nomi25 nations for cadets for the academic year, the nominations 


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1 for cadets otherwise authorized to be made by the Rep2 resentative pursuant to such section shall be made instead 

3 by the Senators from the State of the congressional dis4 trict concerned, with such nominations divided equally 

5 among such Senators and any remainder going to the sen6 ior Senator from the State. 

7 ‘‘(c) CONSTRUCTION OF AUTHORITY.—Any nomina8 tion for cadets made by a Member pursuant to this section 

9 is not a reallocation of a nomination. Such nominations 

10 are made in lieu of a Member that does not submit nomi11 nations for cadets for an academic year in accordance with 

12 section 9442 of this title due to death, resignation from 

13 office, or expulsion from office and the date of the swear14 ing-in of the Member’s successor occurs after the date of 

15 the deadline for submittal of nominations for cadets for 

16 the academic year.’’. 

17 (2) CLERICAL AMENDMENT.—The table of sec18 tions at the beginning of chapter 953 of such title 

19 is amended by inserting after the item relating to 

20 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.’’. 

21 (d) MERCHANT MARINE ACADEMY.— 

22 (1) IN GENERAL.—Chapter 513 of title 46, 

23 United States Code, is amended by inserting after 

24 section 51302 the following new section: 


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1 ‘‘§ 51302a. Cadets: nomination in event of death, res2 ignation, or expulsion from office of 

3 Member of Congress otherwise author4 ized to nominate 

5 ‘‘(a) SENATORS.—In the event a Senator does not 

6 submit nominations for cadets for an academic year in ac7 cordance with section 51302(b)(1) of this title due to 

8 death, resignation from office, or expulsion from office and 

9 the date of the swearing-in of the Senator’s successor as 

10 Senator occurs after the date of the deadline for submittal 

11 of nominations for cadets for the academic year, the nomi12 nations for cadets otherwise authorized to be made by the 

13 Senator pursuant to such section shall be made instead 

14 by the other Senator from the State concerned. 

15 ‘‘(b) REPRESENTATIVES.—In the event a Representa16 tive from a State does not submit nominations for cadets 

17 for an academic year in accordance with section 

18 51302(b)(2) of this title due to death, resignation from 

19 office, or expulsion from office and the date of the swear20 ing-in of the Representative’s successor as Representative 

21 occurs after the date of the deadline for submittal of nomi22 nations for cadets for the academic year, the nominations 

23 for cadets otherwise authorized to be made by the Rep24 resentative pursuant to such section shall be made instead 

25 by the Senators from the State of the congressional dis26 trict concerned, with such nominations divided equally 


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1 among such Senators and any remainder going to the sen2 ior Senator from the State. 

3 ‘‘(c) CONSTRUCTION OF AUTHORITY.—Any nomina4 tion for cadets made by a Member pursuant to this section 

5 is not a reallocation of a nomination. Such nominations 

6 are made in lieu of a Member that does not submit nomi7 nations for cadets for an academic year in accordance with 

8 section 51302 of this title due to death, resignation from 

9 office, or expulsion from office and the date of the swear10 ing-in of the Member’s successor occurs after the date of 

11 the deadline for submittal of nominations for cadets for 

12 the academic year.’’. 

13 (2) CLERICAL AMENDMENT.—The table of sec14 tions at the beginning of chapter 513 of such title 

15 is amended by inserting after the item relating to 

16 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.’’. 

Æ 


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