Sec. 401. Modernization of the Selective Service System
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Except as expressly provided otherwise, any reference in this section to a section or other provision shall be deemed to be a reference to that section or other provision of the Military Selective Service Act ( 50 U.S.C. 3801 et seq. ). Section 1(b) ( 50 U.S.C. 3801(b) ) is amended— by striking armed strength and inserting military strength ; by striking insure and inserting ensure ; and by inserting before the period at the end the following: by ensuring adequate personnel with the requisite capabilities to meet the mobilization needs of the Department of Defense during a national emergency and not solely to provide combat replacements .
Section 3 ( 50 U.S.C. 3802 ) is amended by adding at the end the following: Regulations prescribed pursuant to subsection
(a)shall include methods to convey to every person required to register the solemn obligation for military service in the event of a military draft. . Section 3(a) ( 50 U.S.C. 3802(a) ) is amended— by striking male citizen and inserting citizen ; by striking male person and inserting person ; by striking present himself and inserting appear ; and by striking so long as he and inserting so long as such alien . Section 4(e) ( 50 U.S.C. 3803(e) ) is amended by striking enlisted men and inserting enlisted persons . Section 5 ( 50 U.S.C. 3805 ) is amended— in subsection (a)(1)— by striking race or color and inserting race, color, sex, or gender ; and by striking call for men and inserting call for persons ; and in subsection (b), by striking men each place it appears and inserting persons . Section 6 ( 50 U.S.C. 3806 ) is amended— in subsection (a)(1)— by striking enlisted men and inserting enlisted persons ; and by striking accrue to him and inserting accrue to such alien ; and in subsection (h)— by striking (other than wives alone, except in cases of extreme hardship) ; and by striking wives and children and inserting spouses and children . Section 10(b)(3) ( 50 U.S.C. 3809(b)(3) ) is amended— by striking the President is requested and all that follows through within its jurisdiction and inserting the President is requested to appoint the membership of each local board so that each board has both male and female members and, to the maximum extent practicable, it is proportionately representative of the race, national origin, and sex of those registrants within its jurisdiction ; and by striking race or national origin and inserting race, sex, or national origin . Section 16(a) ( 50 U.S.C. 3814(a) ) is amended by striking men and inserting persons . Section 10(a) ( 50 U.S.C. 3809(a) ) is amended by adding at the end the following new paragraph: The Selective Service System shall conduct exercises periodically of all mobilization plans, systems, and processes to evaluate and test the effectiveness of such plans, systems, and processes. Once every 4 years, the exercise shall include the full range of internal and interagency procedures to ensure functionality and interoperability and may take place as part of the Department of Defense mobilization exercise under section 10208 of title 10, United States Code. The Selective Service System shall conduct a public awareness campaign in conjunction with each exercise to communicate the purpose of the exercise to the public. . Section 12 ( 50 U.S.C. 3811 ) is amended— in subsection (f)— in paragraph (2), by inserting before the period at the end or proof of registration in accordance with subsection
(g); in paragraph (3)— in the first sentence, by striking compliance and inserting compliance or proof of registration ; and in the second sentence, by inserting before the period at the end or proof of registration ; and in paragraph (4), in the second sentence— by striking thereunder and inserting thereunder, or failure to provide proof of registration in accordance with subsection (g), ; and by inserting before the period at the end or has registered in accordance with subsection
(g); and in subsection (g)— in paragraph (1), by striking ; and and inserting and the person shows by a preponderance of the evidence that the failure of the person to register was not a knowing and willful failure to register; or ; and by amending paragraph
(2)to read as follows: the person was provided notice of the person’s failure to register and the person registered within 30 days with the Selective Service System, regardless of the person’s age at the time of registration. . The Military Selective Service Act is amended— in section 4 ( 50 U.S.C. 3803 )— in subsection
(a)in the third undesignated paragraph— by striking his acceptability in all respects, including his and inserting such person’s acceptability in all respects, including such person's ; and by striking he may prescribe and inserting the President may prescribe ; in subsection (c)— in paragraph (2), by striking any enlisted member and inserting any person who is an enlisted member ; and in paragraphs (3), (4), and (5), by striking in which he resides and inserting in which such person resides ; in subsection (g), by striking coordinate with him and inserting coordinate with the Director ; and in subsection (k)(1), by striking finding by him and inserting finding by the President ; in section 5(d) ( 50 U.S.C. 3805(d) ), by striking he may prescribe and inserting the President may prescribe ; in section 6 ( 50 U.S.C. 3806 )— in subsection (c)(2)(D), by striking he may prescribe and inserting the President may prescribe ; in subsection (d)(3), by striking he may deem appropriate and inserting the President considers appropriate ; and in subsection (h), by striking he may prescribe each place it appears and inserting the President may prescribe ; in section 10 ( 50 U.S.C. 3809 )— in subsection (b)— in paragraph (3)— by striking He shall create and inserting The President shall create ; and by striking upon his own motion and inserting upon the President’s own motion ; in paragraph (4), by striking his status and inserting such individual’s status ; and in paragraphs (4), (6), (8), and (9), by striking he may deem each place it appears and inserting the President considers ; and in subsection (c), by striking vested in him and inserting vested in the President ; in section 13(b) ( 50 U.S.C. 3812(b) ), by striking regulation if he and inserting regulation if the President ; in section 15 ( 50 U.S.C. 3813 )— in subsection (b), by striking his each place it appears and inserting the registrant’s ; and in subsection (d), by striking he may deem and inserting the President considers ; in section (16)(g) ( 50 U.S.C. 3814(g) )— in paragraph (1), by striking who as his regular and customary vocation and inserting who, as such person’s regular and customary vocation, ; and in paragraph (2)— by striking one who as his customary vocation and inserting a person who, as such person’s customary vocation, ; and by striking he is a member and inserting such person is a member ; in section (18)(a) ( 50 U.S.C. 3816(a) ), by striking he is authorized and inserting the President is authorized ; in section 21 ( 50 U.S.C. 3819 )— by striking he is sooner and inserting sooner ; by striking he each subsequent place it appears and inserting such member ; and by striking his consent and inserting such member’s consent ; in section 22(b) ( 50 U.S.C. 38290(b) ), in paragraphs
(1)and (2), by striking his each place it appears and inserting the registrant’s ; and except as otherwise provided in this section— by striking he each place it appears and inserting such person ; by striking his each place it appears and inserting such person’s ; by striking him each place it appears and inserting such person ; and by striking present himself each place it appears in section 12 ( 50 U.S.C. 3811 ) and inserting appear . Section 3328 of title 5, United States Code, is amended by striking subsection
(a)and inserting the following: An individual who was required to register under section 3 of the Military Selective Service Act ( 50 U.S.C. 3803 ) but failed to meet the registration requirements of section 3 of that Act shall be ineligible for appointment to a position in an Executive agency, unless— the requirement for the person to so register has terminated or become inapplicable to the person and the person shows by a preponderance of the evidence that the failure of the person to register was not a knowing and willful failure to register; or the person was provided notice of the person’s failure to register and the person registered within 30 days with the Selective Service System, regardless of the person’s age at the time of registration. . Section 484(n) of the Higher Education Act of 1965 ( 20 U.S.C. 1091(n) ) is amended by striking ( and inserting 50 U.S.C. App. 462(f) ) ( . 50 U.S.C. 3811(f) ) The amendments made by this section shall take effect on the date of the enactment of this Act, except that the amendments made by subsections
(d)and (h)(1) shall take effect 1 year after such date of enactment.
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U.S. Code
- Short title; Congressional declaration of policy§ 3801
- Registration§ 3802
- Persons liable for training and service§ 3803
- Manner of selection of men for training and service; quotas§ 3805
- Deferments and exemptions from training and service§ 3806
- Selective Service System§ 3809
- Definitions§ 3814
- Offenses and penalties§ 3811
- Nonapplicability of certain laws§ 3812
- Notice of requirements of this chapter; voluntary enlistments unaffected§ 3813
- Utilization of industry§ 3816
- Authority of President to order Reserve components to active service; release from active duty; retention of unit organizations and equipment§ 3819
- Student eligibility§ 1091
1 reference not yet in our index
- 50 USC 38290(b)
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Sec. 401
Modernization of the Selective Service System
Cite50 USC 38290(b)
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