H.R. 487House108th Congress (2003-2005)In Committee

To repeal the Military Selective Service Act.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

5 earlier actions

HouseCommittee Latest Action

Unfavorable Executive Comment Received from Selective Service Comm.

Armed Services Committee

March 26, 2003

View full timeline

HouseIntro Referral

Introduced in House

January 29, 2003

HouseIntro Referral

Sponsor introductory remarks on measure. (CR E91-92)

January 29, 2003

HouseIntro Referral

Referred to the House Committee on Armed Services.

Armed Services Committee

January 29, 2003

HouseCommittee

Referred to the Subcommittee on Total Force.

February 13, 2003

HouseCommittee

Executive Comment Requested from DOD, Selective Service Comm.

Armed Services Committee

February 13, 2003

HouseCommittee

Unfavorable Executive Comment Received from Selective Service Comm.

Armed Services Committee

March 26, 2003

Floor Debate

1 member

What members said about H.R. 487 on the floor

1 Democrat

Rep. Neil AbercrombieD-HI-1 · Oct 11, 2004

Mr. Speaker, great interest has been generated by the publication of a document from the 11th of February 2003 entitled ``Topical Agenda''. It involves the Department of Defense Personnel and…

Mr. Speaker, great interest has been generated by the publication of a document from the 11th of February 2003 entitled ``Topical Agenda''. It involves the Department of Defense Personnel and Readiness Undersecretary and the Selective Service System and its Acting Director.

This document appears on the web site of ``Rock the Vote''. The interest is intense because of the content of the agenda. It involves a review of selective service major policy issues since 1973; a synopsis of Department of Defense Policy regarding the draft and a detailed proposal for the renewal of the draft and conditions attendant to it.

The participation of the Department of Defense in the discussion associated with the agenda has been confirmed by the Secretary of Defense. The DOD contention is that the meeting on the agenda was for purposes of discussion only and that it took place off Pentagon premises. Obviously, the location of the discussion and the origination of the agenda for discussion purposes is immaterial to the issue at hand. The point is the Department of Defense from the Secretary on down has vigorously denied that any such discussions have ever taken place let alone been contemplated. This document shows that a detailed proposal for a new draft involving men and for the first time women has been under consideration and discussion by the Department of Defense. It also clearly indicates that consideration has been given to drafting not only for military needs but for purposes associated with the Department of Homeland Security. In addition it proposes that the draft age be extended from 18 to 34. It includes a proposition that a ``self- declaration'' of skill sets be required of all potential draftees to be periodically updated until the age of 35.

It is not enough for the Department of Defense to say it rejects the proposal and its findings. Saying ``no'' doesn't make it so. Denials that any such consideration has even been given let alone presently extent ring hollow in the wake of the implications of this agenda and the Department of Defense's participation in discussing it.

Given the broad and deep concern of the public about the draft and the possibility of its being reinstituted it is imperative that the public be enabled to see, understand and analyze what the Department of Defense has had under consideration. The public, of course, can draw its own conclusions. The ``Agenda'' report follows.

Topical Agenda

DoD Participants: Hon. Charles S. Abell, Principal Deputy

Undersecretary of Defense for Personnel and Readiness; Mr.

William Carr, Acting Deputy Undersecretary of Defense for

Military Personnel Policy; Colonel David Kopanski, Deputy

Director, Accession Policy.

SSS Participants: Mr. Lewis C. Brodsky. Acting Director of

Selective Service; Mr. Richard S. Ftahavan, Director of

Public & Congressional Affairs.

1. Review 30-year time-line--SSS major policy issues

A. Draft ends in 1973; Agency placed in ``Deep Standby''

from 1976 to 1980. Ninety-eight ``record-keepers'' remain to

SSS, part-time Reserve Officers kept on board, but no

registration, no Board Members.

B. 1980--Cold War continues. President Carter decides to

revitalize SSS after Soviets invade Afghanistan and MOBEXs

indicate need. No draft, but resumes registration program for

men. Wants to include women but Congress says no. 10,000

Board Members appointed and trained. DoD sets preparedness

goal for SSS: ``Be ready to provide first draftees to MEPS at

M+13 and 100,000 by M+30.''

C. 1988--Congress reacts to military medical shortages

(``war stoppers''). Language inserted in the Defense

Authorization Act telling SSS to develop a ``structure''

which would allow the registration and induction of health

care personnel in an emergency. DoD identifies more than 60

health care specialities to include in the SSS Health Care,

Personnel Delivery System (HCPDS). Planning calls for first

HCPDS draftees by M+42. HCPDS becomes a paper and computer

exercise lasting many years.

D. 1989-1991--End of Cold War, Desert Storm, no draft, and

SSS remains in standby status with flat-lined annual budgets.

E. 1893 and 1994--Detractors in the Congress challenge need

for continuing to fund SSS and peacetime registration.

Section 647(b), FY 1993 DOD Authorization Act requires

SECDEF, in concert with SSS, to report on continuation of

peacetime registration. This was accomplished, registration

is retained, and an interagency task force review was formed,

led by the NSC. Conclusion is announced by President

Clinton: preserve SSS and peacetime registration in

current standby status for three reasons.

1. A hedge against underestimating the number of soldiers,

needed to fight a future war;

2. A symbol of national resolve to potential adversaries;

and,

3. A link between the all-volunteer Armed Forces and

society-at-large.

Clinton also instructs SSS to increase operational

efficiency. Instructs DoD to update MOB requirements for SSS,

re-examine timelines, and review arguments for and against

continuing to exclude women from registration.

F. 1994--Defense issues new ``post-Cold War'' guidance to

SSS: ``provide first untrained draftee to MEPS at M+193;

first Health Care draftee at M+222,'' DoD reaffirms that it

is not necessary to register or draft women (for a

conventional draft of untrained manpower) because they are

prohibited by policy from serving in ground combat

assignments. SSS recognizes women may have to be included in

a health care draft.

G. 1998--DoD Health Affairs says health care personnel

would be needed earlier than M+222 in a future conflict.

Guidance changed to M+90. Today, HCPDS can be implemented,

but ability to meet M+90 time frame is doubtful. Program not

fully tested and compliance aspects still not complete.

H. 1995 through 2000--Anti-SSS Members of Congress almost

successful in eliminating SSS through the appropriations

process. SSS undergoes structure and program reductions to

make ends meet. Readiness suffers.

I. 2000 and 2001--DoD and SSS plan and implement joint

mailing project to increase peacetime relevancy of SSS and

improve timeliness and address accuracy of DoD recruiting

direct mail campaigns.

J. 2002 and 2003--Administration says use of draft not an

option for war on terrorism or potential war with Iraq. Rep.

Rangel and Sen. Hollings introduce bills (H.R. 163 and S. 69)

call for reinstituting a draft for military and national

service. SECDEF adamant and vocal against using the draft for

any immediate or likely contingency. Most recently, Reps.

Paul, DeFazio and Frank introduce H.R. 487, calling for

repeal of the Military Selective Service Act and an end to

the SSS within six months of the bill becoming law.

Synopsis: With known shortages of military personnel with

certain critical skills, and with the need for the nation to

be capable of responding to domestic emergencies as a part of

Homeland Security planning, changes should be made in the

Selective Service System's registration program and primary

mission.

Situation: Currently, and in accordance with the Military

Selective Service Act (MSSA) [50 U.S.C., App. 451 et seq.),

the Selective Service System (SSS) collects and maintains

personal information from all U.S. male citizens and resident

aliens. Under this process, each man is required to ``present

himself for and submit to registration'' upon reaching age

18. The methods by which a man can register with Selective

Service include the Internet, mail-back postcard, checking a

box on other government forms, and through the driver's

license applications process in many states. The collected

data is retained in an active computer file until the man

reaches age 26 and is no longer draft eligible. It consists

of the man's name, address, Social Security number, and date

of birth. Currently, 91 percent of all men, ages 18 through

25, are registered, enabling the SSS to conduct a timely,

fair, and equitable draft in the event the Congress and the

President decide to reinstate conscription during a crisis.

However, the Secretary of Defense and Department of Defense

manpower officials have stated recently that a draft will not

be necessary for any foreseeable crisis. They assume that

sufficient fighting capability exists in today's ``all-

volunteer'' active and reserve Armed Forces for likely

contingencies, making a conventional draft of untrained

manpower somewhat obsolete. Yet, Defense manpower officials

concede there are critical shortages of military personnel

with certain skills, such as medical personnel, linguists,

computer network engineers, etc. The costs of attracting and

retaining such personnel for military service could be

prohibitive, leading some officials to conclude that while a

conventional draft may never be needed, a draft of men and

women possessing these critical skills may be warranted in a

future crisis, if too few volunteer.

Proposal: In line with today's needs, the SSS' structure,

programs and activities should be re-engineered toward

maintaining a national inventory of American men and (for the

first time) women, ages 18 through 34, with an added focus on

identifying individuals with critical skills.

An interagency task force should examine the feasibility of

this proposal which would require amendments to the MSSA,

expansion of the current registration program, and inclusion

of women. In addition to the basic identifying information

collected in the current program, the expanded and revised

program would require all registrants to indicate whether

they have been trained in, possess, and professionally

practice, one or more

skills critical to national security or community health

and safety. This could take the form of an initial ``self-

declaration'' as a part of the registration process. Men

and women would enter on the SSS registration form a

multi-digit number representing their specific critical

skill (e.g., similar to military occupationa1 specialty or

Armed Forces Specialty Code with Skill Identifier), taken

from a lengthy list of skills to be compiled and published

by the Departments of Defense and Homeland Security.

Individuals proficient in more than one critical skill

would list the practiced skill in which they have the

greatest degree of experience and competency. They would

also be required to update reported information as

necessary until they reach age 35. This unique data base

would provide the military (and national, state, and

municipal government agencies) with immediately available

links to vital human resources . . . in effect, a single,

most accurate and complete, national inventory of young

Americans with special skills.

While the data base's ``worst-case'' use might be to draft

such personnel into military or homeland security assignments

during a national mobilization, its very practical peacetime

use could be to support recruiting and direct marketing

campaigns aimed at encouraging skilled personnel to volunteer

for community or military service opportunities, and to

consider applying for hard-to-fill public sector jobs. Local

government agencies could also tap this data base to locate

nearby specialists for help with domestic crises and

emergency situations.

With the changes described above, SSS programs would be

modified to serve the contemporary needs of several

customers: Department of Defense; Department of Homeland

Security (FEMA. U.S. Border Patrol, U.S. Customs, INS).

Corporation for National Service, Public Health Service, and

other federal and state agencies seeking personnel with

critical skills for national security or community service

assignments. The SSS would thus play a more vital, relevant,

and immediate role in shoring up America's strength and

readiness in peace and war.

II. Are today's SSS capabilities in sync with DoD needs?

A. Is there a need to preserve the capability of conducting

a draft of untrained manpower? If so, is the time frame still

Bill Text

Latest available legislative text

Reading Mode

Raw Text PDF

Introduced in HouseIssued January 29, 2003

        [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.
<all>