[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2421 Introduced in House (IH)]







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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. REPEAL OF THE MILITARY SELECTIVE SERVICE 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 is repealed.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 reestablished upon the repeal of such Act. The assets, 
contracts, property, and records held by the Selective Service System, 
and the unexpended balances of any appropriations 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 Personnel 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 beginning of 
                chapter 33, by striking out the item relating 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 
                        subparagraph (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 Military 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 provisionally 
                accepted for that duty.''.
                    (F) In section 12103(b), by striking out ``, 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.),''.
                    (G) In section 12103(d), by striking out ``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.), 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 Military 
                        Selective Service Act (50 U.S.C. App. 451 et 
                        seq.),'' in the first sentence; and
                            (ii) by striking out ``or under the 
                        Military 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 Military 
                        Selective Service Act (50 U.S.C. App. 451 et 
                        seq.),'' in the first sentence; and
                            (ii) by striking out ``or under the 
                        Military 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 beginning 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 United 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 Internal 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 accepted 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), respectively.
                    (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 Military 
                        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 Selective 
                        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 accepted for such duty;''.
            (B) Section 1007(b) of the Legal Services Corporation 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 amendments made by this Act, 
shall take effect 180 days after the date of the enactment of this Act.
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