I
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. ROHR-
ABACHER, 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.
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 is repealed.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 the Act. The assets, contracts,
property, and records held by the Selective Service Sys-
tem, and the unexpended balances of any appropriations
available to the Selective Service System, shall be trans-
ferred to the Administrator of General Services upon the
repeal of the Act. The Director of the Office of Personnel
Management shall assist officers and employees of the Se-
lective Service System to transfer to other positions in the
executive branch.
(c) TERMINATION OF SANCTIONS FOR PERSONS PRE-
VIOUSLY SUBJECT TO REGISTRATION.—Notwithstanding
any other provision of law, a person may not be denied
a right, privilege, benefit, or employment position under
Federal law on the grounds that the person failed to
present himself for and submit to registration under sec-
tion 3 of the Military Selective Service Act (50 U.S.C.
App. 453), before the repeal of that Act by subsection (a).
(d) CONFORMING AMENDMENTS.—
(1) TITLE 5.—Title 5, United States Code, is
amended as follows:
(A) By striking section 3328.
(B) In the table of sections at the begin-
ning of chapter 33, by striking the item relating
to section 3328.
(C) In section 5102(b), by striking ‘‘, in-
cluding positions’’ and all that follows through
‘‘those positions’’.
(D) In section 5315, by striking the para-
graph relating to the Director of Selective Serv-
ice.
(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 ‘‘section 3(a) of the Se-
lective Training and Service Act of 1940,
as amended (54 Stat. 885; 55 Stat. 844),
or under section 4(a) of the Selective Serv-
ice Act of 1948, as amended (62 Stat. 605;
65 Stat. 76) or under’’; and
(ii) by striking ‘‘sections or’’.
(B) In section 237(a)(2)(D)(iii) (8 U.S.C.
1227(a)(2)(D)(iii)), by striking ‘‘any provision
of the Military Selective Service Act (50 U.S.C.
App. 451 et seq.) or’’.
(C) 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 ‘‘, and’’ at the end of
subparagraph (C) and inserting a period;
and
(iii) by striking subparagraph (D).
(D) 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 101(d)(6)(B), by striking
clause (v).
(B) In section 513—
(i) in subsection (a), by striking ‘‘(ex-
cept as provided in subsection (c))’’;
(ii) by striking subsection (c); and
(iii) by redesignating subsection (d) as
subsection (c).
(C) In section 523(b), by striking para-
graph (7).
(D) In section 641(1)—
(i) by inserting ‘‘or’’ at the end of
subparagraph (E);
(ii) by striking subparagraph (F); and
(iii) by redesignating subparagraph
(G) as subparagraph (F).
(E) In section 651(a), by striking ‘‘, other
than a person deferred under the next to the
last sentence of section 6(d)(1) of the Military
Selective 
Service 
Act 
(50 
U.S.C 
App.
456(d)(1))’’.
(F) In section 671(c)(1), by striking ‘‘and
may be established notwithstanding section 4(a)
of the Military Selective Service Act (50 U.S.C.
App. 454(a))’’.
(G) In section 1049(2), by striking ‘‘and
selective service registrants called for induc-
tion’’.
(H) In section 1475(a)(5), by striking
‘‘who—’’ and all that follows through the period
and inserting ‘‘who has been provisionally ac-
cepted for that duty.’’.
(I) In section 12103—
(i) in subsection (b), by striking
‘‘, and who is not under orders to report
for induction into an armed force under
the Military Selective Service Act (50
U.S.C. App. 451 et seq.),’’; and
(ii) in subsection (d), by striking ‘‘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,’’.
(J) In section 12104(a)—
(i) by striking ‘‘or under the Military
Selective Service Act (50 U.S.C. App. 451
et seq.),’’ in the first sentence; and
(ii) by striking ‘‘or under the Military
Selective Service Act (50 U.S.C. App. 451
et seq.)’’ in the third sentence.
(K) In section 12208(a)—
(i) by striking ‘‘or under the Military
Selective Service Act (50 U.S.C. App. 451
et seq.),’’ in the first sentence; and
(ii) by striking ‘‘or under the Military
Selective Service Act (50 U.S.C. App. 451
et seq.)’’ in the third sentence.
(L) In section 12647—
(i) by striking ‘‘who is assigned to the
Selective Service System or’’;
(ii) by striking ‘‘assignment or’’; and
(iii) by striking the section heading
and inserting the following:
‘‘§ 12647. Commissioned officers: retention in active
status while serving as United States
property and fiscal officers’’.
(M) In the table of sections at the begin-
ning of chapter 1219, by striking the item re-
lating to section 12647 and inserting the fol-
lowing new item:
‘‘12647. Commissioned officers: retention in active status while serving as
United States property and fiscal officers.’’.
(4) TITLE 20.—Section 484 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1091) is amended by
striking subsection (n).
(5) TITLE 22.—Section 23 of the Peace Corps
Act (22 U.S.C. 2520) is repealed.
(6) 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 ‘‘service—’’ and all that follows
through ‘‘such place;’’ and inserting ‘‘service who
has been provisionally accepted for such duty and
has been ordered or directed to proceed to such
place.’’.
(7) TITLE 29.—The Workforce Investment Act
of 1998 (29 U.S.C. 2801 et seq.) is amended as fol-
lows:
(A) In section 146 (29 U.S.C. 2886)—
(i) by striking subsection (a); and
(ii) by striking ‘‘(b) PERIOD OF EN-
ROLLMENT.—’’.
(B) In section 189 (29 U.S.C. 2939)—
(i) by striking subsection (h); and
(ii) by redesignating subsection (i) as
subsection (h).
(8) TITLE 36.—Section 902(d)(5) of title 36,
United States Code, is amended by striking subpara-
graph (D).
(9) TITLE 37.—Title 37, United States Code, is
amended as follows:
(A) In section 209(a), by striking the last
sentence.
(B) In section 308e(1)—
(i) in subparagraph (A), by striking
‘‘or under section 6(d)(1) of the Military
Selective Service Act (50 U.S.C. App.
456(d)(1))’’; and
(ii) in subparagraph (B), by striking
‘‘or section 6(d)(1) of the Military Selec-
tive 
Service 
Act 
(50 
U.S.C. 
App.
456(d)(1))’’.
(10) 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 ‘‘such place;’’ and inserting ‘‘service
who has been provisionally accepted for such duty
and has been ordered or directed to proceed to such
place.’’.
(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; or’’.
(e) 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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