SERVE Act of 2021
Bill: S.3127 | Sponsor: Sen. Van Hollen, Chris (D-MD)
Policy area: Armed Forces and National Security

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.

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Service Education Reallocation for 
Vacant Elected offices Act of 2021'' or the ``SERVE Act of 2021''.

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:
``Sec. 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 of title 10, United States 
        Code, is amended by inserting after section 8454 the following 
        new section:
``Sec. 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 of title 10, United States 
        Code, is amended by inserting after section 9442 the following 
        new section:
``Sec. 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 of title 46, United States 
        Code, is amended by inserting after section 51302 the following 
        new section:
``Sec. 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.''.
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