SERVE Act of 2021

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. Short title This Act may be cited as the Service Education Reallocation for Vacant Elected offices Act of 2021 SERVE Act of 2021 2. 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 section 7442 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 section 8454 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 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 section 9442 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 section 51302 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. .

Summary: Service Education Reallocation for Vacant Elected offices Act of 2021 or the SERVE Act of 2021 This bill modifies the authority to make nominations for cadets or midshipmen to the military service academies in situations where a Member of Congress has not submitted a nomination due to death, resignation from office, or expulsion from office and no successor member has been sworn in to office. Specifically, in the event a Senator does not make a nomination for one of the specified reasons, the nominations must be made by the other Senator from the state concerned. In the event a Representative does not make a nomination for one of the specified reasons, the Senators from the state of the congressional district concerned must make the nomination, with nominations divided equally among Senators and any remainder going to the senior Senator from the state.