Selective Service Repeal Act of 2021

II 117TH CONGRESS 1ST SESSION S. 1139 To repeal the Military Selective Service Act. IN THE SENATE OF THE UNITED STATES APRIL 15, 2021 Mr. WYDEN (for himself and Mr. PAUL) introduced the following bill; which was read twice and 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- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Selective Service Re- 4 peal Act of 2021’’. 5 SEC. 2. REPEAL OF MILITARY SELECTIVE SERVICE ACT. 6 (a) REPEAL.—The Military Selective Service Act (50 7 U.S.C. 3801 et seq.) is repealed. 8 (b) TRANSFERS IN CONNECTION WITH REPEAL.— 9 Notwithstanding the proviso in section 10(a)(4) of the 10 Military Selective Service Act (50 U.S.C. 3809(a)(4)), the 11 Office of Selective Service Records shall not be reestab- 12 VerDate Sep 11 2014 01:57 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1139.IS S1139 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1139 IS lished upon the repeal of the Act. Not later than 180 days 1 after the date of the enactment of this Act, the assets, 2 contracts, property, and records held by the Selective 3 Service System, and the unexpended balances of any ap- 4 propriations available to the Selective Service System, 5 shall be transferred to the Administrator of General Serv- 6 ices upon the repeal of the Act. The Director of the Office 7 of Personnel Management shall assist officers and employ- 8 ees of the Selective Service System to transfer to other 9 positions in the executive branch. 10 (c) EFFECT ON EXISTING SANCTIONS.— 11 (1) Notwithstanding any other provision of law, 12 a person may not be denied a right, privilege, ben- 13 efit, or employment position under Federal law on 14 the grounds that the person failed to present himself 15 for and submit to registration under section 3 of the 16 Military Selective Service Act (50 U.S.C. 3802), be- 17 fore the repeal of that Act by subsection (a). 18 (2) A State, political subdivision of a State, or 19 political authority of two or more States may not 20 enact or enforce a law, regulation, or other provision 21 having the force and effect of law to penalize or 22 deny any privilege or benefit to a person who failed 23 to present himself for and submit to registration 24 under section 3 of the Military Selective Service Act 25 VerDate Sep 11 2014 01:57 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1139.IS S1139 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1139 IS (50 U.S.C. 3802), before the repeal of that Act by 1 subsection (a). In this section, ‘‘State’’ means a 2 State, the District of Columbia, and a territory or 3 possession of the United States. 4 (3) Failing to present oneself for and submit to 5 registration under section 3 of the Military Selective 6 Service Act (50 U.S.C. 3802), before the repeal of 7 that Act by subsection (a), shall not be reason for 8 any entity of the U.S. Government to determine that 9 a person lacks good moral character or is unsuited 10 for any privilege or benefit. 11 (d) CONSCIENTIOUS OBJECTORS.—Nothing con- 12 tained in this Act shall be construed to undermine or di- 13 minish the rights of conscientious objectors under laws 14 and regulations of the United States. 15 Æ VerDate Sep 11 2014 01:57 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S1139.IS S1139 kjohnson on DSK79L0C42PROD with BILLS