I
105TH CONGRESS
1ST SESSION
H. R. 2421
To repeal the Military Selective Service Act.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 5, 1997
Mr. STARK introduced the following bill; which was referred to the Committee
on National Security
A BILL
To repeal the Military Selective Service Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. REPEAL OF THE MILITARY SELECTIVE SERV-
ICE ACT.
(a) REPEAL.—The Military Selective Service Act (50
U.S.C. App. 451 et seq.) is repealed.
(b) TRANSFERS IN CONNECTION WITH REPEAL.—
Notwithstanding the proviso in section 10(a)(4) of the
Military Selective Service Act (50 U.S.C. App. 460(a)(4)),
the Office of Selective Service Records shall not be rees-
tablished upon the repeal of such Act. The assets, con-
tracts, property, and records held by the Selective Service
System, and the unexpended balances of any appropria-
tions available to the Selective Service System, shall be
transferred to the Administrator of General Services upon
the repeal of such Act. The Director of the Office of Per-
sonnel Management shall assist officers and employees of
the Selective Service System to transfer to other positions
in the executive branch.
(c) CONFORMING AMENDMENTS.—
(1) TITLE 5.—Title 5, United States Code, is
amended as follows:
(A) By striking out section 3328.
(B) In the table of sections at the begin-
ning of chapter 33, by striking out the item re-
lating to section 3328.
(C) In section 5102(b), by striking out ‘‘,
including positions’’ and all that follows
through ‘‘those positions’’.
(2) TITLE 8.—The Immigration and Nationality
Act (8 U.S.C. 1101 et seq.) is amended as follows:
(A) In section 101(a)(19) (8 U.S.C.
1101(a)(19))—
(i) by striking out ‘‘section 3(a) of the
Selective Training and Service Act of
1940, as amended (54 Stat. 885; 55 Stat.
844), or under section 4(a) of the Selective
Service Act of 1948, as amended (62 Stat.
605; 65 Stat. 76) or under’’; and
(ii) by striking ‘‘sections or’’.
(B) In section 245A(a)(4) (8 U.S.C.
1255a(a)(4))—
(i) by adding ‘‘and’’ at the end of sub-
paragraph (B);
(ii) by striking out ‘‘, and’’ at the end
of subparagraph (C) and inserting in lieu
thereof a period; and
(iii) by striking out subparagraph (D).
(C) In section 315(b) (8 U.S.C. 1426(b)),
by inserting ‘‘former’’ before ‘‘Selective Service
System’’.
(3) TITLE 10.—Title 10, United States Code, is
amended as follows:
(A) In section 513—
(i) in subsection (a), by striking out
‘‘(except as provided in subsection (c))’’;
(ii) by striking out subsection (c); and
(iii) by redesignating subsection (d) as
subsection (c).
(B) In section 523(b), by striking out
paragraph (7).
(C) In section 641(1)—
(i) by inserting ‘‘or’’ at the end of
subparagraph (E);
(ii) by striking out subparagraph (F);
and
(iii) by redesignating subparagraph
(G) as subparagraph (F).
(D) In section 651(a), by striking out ‘‘,
other than a person deferred under the next to
the last sentence of section 6(d)(1) of the Mili-
tary Selective Service Act (50 U.S.C App.
456(d)(1))’’.
(E) In section 1475(a)(5), by striking out
‘‘who—’’ and all that follows through the period
and inserting in lieu thereof ‘‘who has been pro-
visionally accepted for that duty.’’.
(F) In section 12103(b), by striking out
‘‘, and who is not under orders to report for in-
duction into an armed force under the Military
Selective Service Act (50 U.S.C. App. 451 et
seq.),’’.
(G) In section 12103(d), by striking out
‘‘and who is not under orders to report for in-
duction into an armed force under the Military
Selective Service Act (50 U.S.C. App. 451 et
seq.), except as provided in section 6(c)(2)(A)
(ii) and (iii) of such Act,’’.
(H) In section 12104(a)—
(i) by striking out ‘‘or under the Mili-
tary Selective Service Act (50 U.S.C. App.
451 et seq.),’’ in the first sentence; and
(ii) by striking out ‘‘or under the Mili-
tary Selective Service Act (50 U.S.C. App.
451 et seq.)’’ in the third sentence.
(I) In section 12208(a)—
(i) by striking out ‘‘or under the Mili-
tary Selective Service Act (50 U.S.C. App.
451 et seq.),’’ in the first sentence; and
(ii) by striking out ‘‘or under the Mili-
tary Selective Service Act (50 U.S.C. App.
451 et seq.)’’ in the third sentence.
(J) In section 12647—
(i) by striking out ‘‘who is assigned to
the Selective Service System or’’;
(ii) by striking out ‘‘assignment or’’;
and
(iii) in the section heading, by striking
out ‘‘assigned to the Selective
Service System or’’.
(K) In the table of sections at the begin-
ning of chapter 1219, by striking out the item
relating to section 12647 and inserting in lieu
thereof the following new item:
‘‘12647. Commissioned officers: retention in active status while serving as Unit-
ed States property and fiscal officers.’’.
(4) TITLE 22.—Section 23 of the Peace Corps
Act (22 U.S.C. 2520) is repealed.
(5) TITLE 26.—Section 3121(n)(5) of the Inter-
nal Revenue Act of 1986 (26 U.S.C. 3121(n)(5)) is
amended by striking out ‘‘service—’’ and all that
follows through ‘‘or air service;’’ and inserting in
lieu thereof ‘‘service who has been provisionally ac-
cepted for such duty;’’.
(6) TITLE 29.—The Job Training Partnership
Act (29 U.S.C. 1501 et seq.) is amended as follows:
(A) In section 426 (29 U.S.C. 1696)—
(i) by striking out subsection (b); and
(ii) by redesignating subsections (c)
and (d) as subsections (b) and (c), respec-
tively.
(A) By striking out section 604 (29 U.S.C.
1504).
(7) TITLE 37.—Title 37, United States Code, is
amended as follows:
(A) In section 209(a), by striking out the
last sentence.
(B) In section 308e(1)—
(i) in subparagraph (A), by striking
out ‘‘or under section 6(d)(1) of the Mili-
tary Selective Service Act (50 U.S.C. App.
456(d)(1))’’; and
(ii) in subparagraph (B), by striking
out ‘‘or section 6(d)(1) of the Military Se-
lective Service Act (50 U.S.C. App.
456(d)(1))’’.
(8) TITLE 42.—(A) Section 210(m)(5) of the
Social Security Act (42 U.S.C. 410(m)(5)) is
amended by striking out ‘‘service—’’ and all that
follows through ‘‘or air service;’’ and inserting in
lieu thereof ‘‘service who has been provisionally ac-
cepted for such duty;’’.
(B) Section 1007(b) of the Legal Services Cor-
poration Act (42 U.S.C. 2996f(b)) is amended by
striking out paragraph (10) and inserting in lieu
thereof the following new paragraph:
‘‘(10) to provide legal assistance with respect to
any proceeding or litigation arising out of desertion
from the Armed Forces.’’.
(d) EFFECTIVE DATE.—This Act, and the amend-
ments made by this Act, shall take effect 180 days after
the date of the enactment of this Act.
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