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107TH CONGRESS

1ST SESSION H. R. 1597

To repeal the Military Selective Service Act.

IN THE HOUSE OF REPRESENTATIVES

APRIL 26, 2001

Mr. PAUL (for himself, Ms. BALDWIN, Mr. STARK, Mr. CONYERS, Mr. ROHRABACHER, Mr. LATOURETTE, and Mr. SANDERS) introduced the following

bill; which was referred to the Committee on Armed Services

A BILL

To repeal the Military Selective Service Act.

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

3 SECTION 1. REPEAL OF THE MILITARY SELECTIVE SERV4 ICE ACT.

5 (a) REPEAL.—The Military Selective Service Act (50

6 U.S.C. App. 451 et seq.) is repealed.

7 (b) TRANSFERS IN CONNECTION WITH REPEAL.—

8 Notwithstanding the proviso in section 10(a)(4) of the

9 Military Selective Service Act (50 U.S.C. App. 460(a)(4)),

10 the Office of Selective Service Records shall not be rees11 tablished upon the repeal of the Act. The assets, contracts,
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1 property, and records held by the Selective Service Sys2 tem, and the unexpended balances of any appropriations

3 available to the Selective Service System, shall be trans4 ferred to the Administrator of General Services upon the

5 repeal of the Act. The Director of the Office of Personnel

6 Management shall assist officers and employees of the Se7 lective Service System to transfer to other positions in the

8 executive branch.

9 (c) TERMINATION OF SANCTIONS FOR PERSONS PRE10 VIOUSLY SUBJECT TO REGISTRATION.—Notwithstanding

11 any other provision of law, a person may not be denied

12 a right, privilege, benefit, or employment position under

13 Federal law on the grounds that the person failed to

14 present himself for and submit to registration under sec15 tion 3 of the Military Selective Service Act (50 U.S.C.

16 App. 453), before the repeal of that Act by subsection (a).

17 (d) CONFORMING AMENDMENTS.—

18 (1) TITLE 5.—Title 5, United States Code, is

19 amended as follows:

20 (A) By striking section 3328.

21 (B) In the table of sections at the begin22 ning of chapter 33, by striking the item relating

23 to section 3328.
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1 (C) In section 5102(b), by striking ‘‘, in2 cluding positions’’ and all that follows through

3 ‘‘those positions’’.

4 (D) In section 5315, by striking the para5 graph relating to the Director of Selective Serv6 ice.

7 (2) TITLE 8.—The Immigration and Nationality

8 Act (8 U.S.C. 1101 et seq.) is amended as follows:

9 (A) In section 101(a)(19) (8 U.S.C.

10 1101(a)(19))—

11 (i) by striking ‘‘section 3(a) of the Se12 lective Training and Service Act of 1940,

13 as amended (54 Stat. 885; 55 Stat. 844),

14 or under section 4(a) of the Selective Serv15 ice Act of 1948, as amended (62 Stat. 605;

16 65 Stat. 76) or under’’; and

17 (ii) by striking ‘‘sections or’’.

18 (B) In section 237(a)(2)(D)(iii) (8 U.S.C.

19 1227(a)(2)(D)(iii)), by striking ‘‘any provision

20 of the Military Selective Service Act (50 U.S.C.

21 App. 451 et seq.) or’’.

22 (C) In section 245A(a)(4) (8 U.S.C.

23 1255a(a)(4))—

24 (i) by adding ‘‘and’’ at the end of sub25 paragraph (B);
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1 (ii) by striking ‘‘, and’’ at the end of

2 subparagraph (C) and inserting a period;

3 and

4 (iii) by striking subparagraph (D).

5 (D) In section 315(b) (8 U.S.C. 1426(b)),

6 by inserting ‘‘former’’ before ‘‘Selective Service

7 System’’.

8 (3) TITLE 10.—Title 10, United States Code, is

9 amended as follows:

10 (A) In section 101(d)(6)(B), by striking

11 clause (v).

12 (B) In section 513—

13 (i) in subsection (a), by striking ‘‘(ex14 cept as provided in subsection (c))’’;

15 (ii) by striking subsection (c); and

16 (iii) by redesignating subsection (d) as

17 subsection (c).

18 (C) In section 523(b), by striking para19 graph (7).

20 (D) In section 641(1)—

21 (i) by inserting ‘‘or’’ at the end of

22 subparagraph (E);

23 (ii) by striking subparagraph (F); and

24 (iii) by redesignating subparagraph

25 (G) as subparagraph (F).
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1 (E) In section 651(a), by striking ‘‘, other

2 than a person deferred under the next to the

3 last sentence of section 6(d)(1) of the Military

4 Selective Service Act (50 U.S.C App.

5 456(d)(1))’’.

6 (F) In section 671(c)(1), by striking ‘‘and

7 may be established notwithstanding section 4(a)

8 of the Military Selective Service Act (50 U.S.C.

9 App. 454(a))’’.

10 (G) In section 1049(2), by striking ‘‘and

11 selective service registrants called for induc12 tion’’.

13 (H) In section 1475(a)(5), by striking

14 ‘‘who—’’ and all that follows through the period

15 and inserting ‘‘who has been provisionally ac16 cepted for that duty.’’.

17 (I) In section 12103—

18 (i) in subsection (b), by striking

19 ‘‘, and who is not under orders to report

20 for induction into an armed force under

21 the Military Selective Service Act (50

22 U.S.C. App. 451 et seq.),’’; and

23 (ii) in subsection (d), by striking ‘‘and

24 who is not under orders to report for in25 duction into an armed force under the
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1 Military Selective Service Act (50 U.S.C.

2 App. 451 et seq.), except as provided in

3 section 6(c)(2)(A) (ii) and (iii) of such

4 Act,’’.

5 (J) In section 12104(a)—

6 (i) by striking ‘‘or under the Military

7 Selective Service Act (50 U.S.C. App. 451

8 et seq.),’’ in the first sentence; and

9 (ii) by striking ‘‘or under the Military

10 Selective Service Act (50 U.S.C. App. 451

11 et seq.)’’ in the third sentence.

12 (K) In section 12208(a)—

13 (i) by striking ‘‘or under the Military

14 Selective Service Act (50 U.S.C. App. 451

15 et seq.),’’ in the first sentence; and

16 (ii) by striking ‘‘or under the Military

17 Selective Service Act (50 U.S.C. App. 451

18 et seq.)’’ in the third sentence.

19 (L) In section 12647—

20 (i) by striking ‘‘who is assigned to the

21 Selective Service System or’’;

22 (ii) by striking ‘‘assignment or’’; and

23 (iii) by striking the section heading

24 and inserting the following:
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1 ‘‘§ 12647. Commissioned officers: retention in active

2 status while serving as United States

3 property and fiscal officers’’.

4 (M) In the table of sections at the begin5 ning of chapter 1219, by striking the item re6 lating to section 12647 and inserting the fol7 lowing new item:

‘‘12647. Commissioned officers: retention in active status while serving as

United States property and fiscal officers.’’.

8 (4) TITLE 20.—Section 484 of the Higher Edu9 cation Act of 1965 (20 U.S.C. 1091) is amended by

10 striking subsection (n).

11 (5) TITLE 22.—Section 23 of the Peace Corps

12 Act (22 U.S.C. 2520) is repealed.

13 (6) TITLE 26.—Section 3121(n)(5) of the Inter14 nal Revenue Act of 1986 (26 U.S.C. 3121(n)(5)) is

15 amended by striking ‘‘service—’’ and all that follows

16 through ‘‘such place;’’ and inserting ‘‘service who

17 has been provisionally accepted for such duty and

18 has been ordered or directed to proceed to such

19 place.’’.

20 (7) TITLE 29.—The Workforce Investment Act

21 of 1998 (29 U.S.C. 2801 et seq.) is amended as fol22 lows:

23 (A) In section 146 (29 U.S.C. 2886)—

24 (i) by striking subsection (a); and
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1 (ii) by striking ‘‘(b) PERIOD OF EN2 ROLLMENT.—’’.

3 (B) In section 189 (29 U.S.C. 2939)—

4 (i) by striking subsection (h); and

5 (ii) by redesignating subsection (i) as

6 subsection (h).

7 (8) TITLE 36.—Section 902(d)(5) of title 36,

8 United States Code, is amended by striking subpara9 graph (D).

10 (9) TITLE 37.—Title 37, United States Code, is

11 amended as follows:

12 (A) In section 209(a), by striking the last

13 sentence.

14 (B) In section 308e(1)—

15 (i) in subparagraph (A), by striking

16 ‘‘or under section 6(d)(1) of the Military

17 Selective Service Act (50 U.S.C. App.

18 456(d)(1))’’; and

19 (ii) in subparagraph (B), by striking

20 ‘‘or section 6(d)(1) of the Military Selec21 tive Service Act (50 U.S.C. App.

22 456(d)(1))’’.

23 (10) TITLE 42.—(A) Section 210(m)(5) of the

24 Social Security Act (42 U.S.C. 410(m)(5)) is

25 amended by striking out ‘‘service—’’ and all that
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1 follows through ‘‘such place;’’ and inserting ‘‘service

2 who has been provisionally accepted for such duty

3 and has been ordered or directed to proceed to such

4 place.’’.

5 (B) Section 1007(b) of the Legal Services Cor6 poration Act (42 U.S.C. 2996f(b)) is amended by

7 striking out paragraph (10) and inserting in lieu

8 thereof the following new paragraph:

9 ‘‘(10) to provide legal assistance with respect to

10 any proceeding or litigation arising out of desertion

11 from the Armed Forces; or’’.

12 (e) EFFECTIVE DATE.—This Act, and the amend13 ments made by this Act, shall take effect 180 days after

14 the date of the enactment of this Act.

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