[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 487 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 487

             To repeal the Military Selective Service Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 29, 2003

  Mr. Paul (for himself, Mr. DeFazio, and Mr. Frank of Massachusetts) 
 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 is repealed.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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