[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5791 Introduced in House (IH)]
<DOC>
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 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.''.
<all>