[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1597 Introduced in House (IH)]
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.
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 is repealed.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 the 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 the 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) Termination of Sanctions for Persons Previously 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 section 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 beginning of
chapter 33, by striking the item relating to section
3328.
(C) In section 5102(b), by striking ``, including
positions'' and all that follows through ``those
positions''.
(D) In section 5315, by striking the paragraph
relating to the Director of Selective Service.
(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
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 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
subparagraph (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
``(except 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 paragraph (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 induction''.
(H) In section 1475(a)(5), by striking ``who--''
and all that follows through the period and inserting
``who has been provisionally accepted 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 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,''.
(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:
``Sec. 12647. Commissioned officers: retention in active status while
serving as United States property and fiscal officers''.
(M) In the table of sections at the beginning of
chapter 1219, by striking the item relating to section
12647 and inserting the following 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 Education 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 Internal 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 follows:
(A) In section 146 (29 U.S.C. 2886)--
(i) by striking subsection (a); and
(ii) by striking ``(b) Period of
Enrollment.--''.
(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 subparagraph (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 Selective
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 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; or''.
(e) 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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