I 
117TH CONGRESS 
1ST SESSION H. R. 5791 
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 HOUSE OF REPRESENTATIVES 
NOVEMBER 1, 2021 
Mr. BROWN (for himself, Mr. RUPPERSBERGER, Mr. SARBANES, Mr. TRONE, 
Mr. MFUME, and Mr. RASKIN) introduced the following bill; which was 
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 acad-
emies in the event of the death, resignation, or expulsion 
from office of a Member of Congress, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Service Education Re-
allocation for Vacant Elected offices Act of 2021’’ or the 
‘‘SERVE Act of 2021’’. 
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SEC. 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 of title 10, 
United States Code, is amended by inserting after 
section 7442 the following new section: 
‘‘§ 7442a. Cadets: nomination in event of death, res-
ignation, or expulsion from office of 
Member of Congress otherwise author-
ized to nominate 
‘‘(a) SENATORS.—In the event a Senator does not 
submit nominations for cadets for an academic year in ac-
cordance 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 Sen-
ator occurs after the date of the deadline for submittal 
of nominations for cadets for the academic year, the nomi-
nations 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 Representa-
tive 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 of-
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fice, or expulsion from office and the date of the swearing- 
in of the Representative’s successor as Representative oc-
curs after the date of the deadline for submittal of nomi-
nations for cadets for the academic year, the nominations 
for cadets otherwise authorized to be made by the Rep-
resentative pursuant to such section shall be made instead 
by the Senators from the State of the congressional dis-
trict concerned, with such nominations divided equally 
among such Senators and any remainder going to the sen-
ior Senator from the State. 
‘‘(c) CONSTRUCTION OF AUTHORITY.—Any nomina-
tion 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 nomi-
nations 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 swear-
ing-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 sec-
tions 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 of-
fice of Member of Congress otherwise authorized to nomi-
nate.’’. 
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(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: 
‘‘§ 8454a. Midshipmen: nomination in event of death, 
resignation, or expulsion from office of 
Member of Congress otherwise author-
ized 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 con-
cerned. 
‘‘(b) REPRESENTATIVES.—In the event a Representa-
tive from a State does not submit nominations for mid-
shipmen for an academic year in accordance with section 
8454(a)(4) of this title due to death, resignation from of-
fice, or expulsion from office and the date of the swearing- 
in of the Representative’s successor as Representative oc-
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curs after the date of the deadline for submittal of nomi-
nations for midshipmen for the academic year, the nomi-
nations 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 con-
gressional district concerned, with such nominations di-
vided equally among such Senators and any remainder 
going to the senior Senator from the State. 
‘‘(c) CONSTRUCTION OF AUTHORITY.—Any nomina-
tion for midshipmen made by a Member pursuant to this 
section is not a reallocation of a nomination. Such nomina-
tions 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 mid-
shipmen for the academic year.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions 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.— 
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(1) IN
GENERAL.—Chapter 953 of title 10, 
United States Code, is amended by inserting after 
section 9442 the following new section: 
‘‘§ 9442a. Cadets: nomination in event of death, res-
ignation, or expulsion from office of 
Member of Congress otherwise author-
ized to nominate 
‘‘(a) SENATORS.—In the event a Senator does not 
submit nominations for cadets for an academic year in ac-
cordance 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 Sen-
ator occurs after the date of the deadline for submittal 
of nominations for cadets for the academic year, the nomi-
nations 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 Representa-
tive 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 of-
fice, or expulsion from office and the date of the swearing- 
in of the Representative’s successor as Representative oc-
curs after the date of the deadline for submittal of nomi-
nations for cadets for the academic year, the nominations 
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for cadets otherwise authorized to be made by the Rep-
resentative pursuant to such section shall be made instead 
by the Senators from the State of the congressional dis-
trict concerned, with such nominations divided equally 
among such Senators and any remainder going to the sen-
ior Senator from the State. 
‘‘(c) CONSTRUCTION OF AUTHORITY.—Any nomina-
tion 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 nomi-
nations 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 swear-
ing-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 sec-
tions 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 of-
fice of Member of Congress otherwise authorized to nomi-
nate.’’. 
(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: 
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‘‘§ 51302a. Cadets: nomination in event of death, res-
ignation, or expulsion from office of 
Member of Congress otherwise author-
ized to nominate 
‘‘(a) SENATORS.—In the event a Senator does not 
submit nominations for cadets for an academic year in ac-
cordance 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 nomi-
nations 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 Representa-
tive 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 swear-
ing-in of the Representative’s successor as Representative 
occurs after the date of the deadline for submittal of nomi-
nations for cadets for the academic year, the nominations 
for cadets otherwise authorized to be made by the Rep-
resentative pursuant to such section shall be made instead 
by the Senators from the State of the congressional dis-
trict concerned, with such nominations divided equally 
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among such Senators and any remainder going to the sen-
ior Senator from the State. 
‘‘(c) CONSTRUCTION OF AUTHORITY.—Any nomina-
tion 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 nomi-
nations 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 swear-
ing-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 sec-
tions 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 nomi-
nate.’’. 
Æ 
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