Modernization of the Selective Service System
Title IV — Strengthening of national mobilization
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(a) Purpose Section 1 of the Military Selective Service Act (50 U.S.C. 3801) is amended— (1) in subsection (b)— (A) by striking armed strength and inserting military strength, including a sufficient number of personnel with the capabilities required to mobilize the Department of Defense during a national emergency,; and (B) by striking insure and inserting ensure; (2) in subsection (c), by inserting which is not for the sole purpose of providing replacements for combat, after just,; and (3) in subsection (d), by striking as expressed in the National Defense Act of 1916, as amended. (b) Solemnity of military service Section 3 of such Act (50 U.S.C. 3802) is amended by adding at the end the following: (c) 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.. (c) Maintaining the health of the Selective Service System Section 10(a) of such Act (50 U.S.C. 3809(a)) is amended by adding at the end the following new paragraph: (5) (A) The Director shall periodically conduct exercises of all mobilization plans, systems, and processes to evaluate and test the effectiveness of such plans, systems, and processes. (B) Once every four years, such exercise— (i) shall include the full range of internal and interagency procedures to ensure functionality and interoperability; and (ii) may be included as part of the annual mobilization exercise under section 10208 of title 10, United States Code. (C) The Director shall conduct a public awareness campaign in conjunction with each exercise to communicate the purpose of such exercise to the public.. (d) Due process for failure To register Section 12 of such Act (50 U.S.C. 3811) is amended— (1) in subsection (f)— (A) in paragraph (2), by inserting before the period at the end or proof of registration in accordance with subsection (g); (B) in paragraph (3)— (i) in the first sentence, by striking compliance and inserting compliance or proof of registration; and (ii) in the second sentence, by inserting before the period at the end or proof of registration; and (C) in paragraph (4), in the second sentence— (i) by striking thereunder and inserting thereunder, or failure to provide proof of registration in accordance with subsection (g),; and (ii) by inserting before the period at the end or has registered in accordance with subsection (g); and (2) by striking paragraphs (1) and (2) of subsection (g) and inserting the following: (1) (A) the requirement for such person to register has terminated or become inapplicable to such person; and (B) such person shows, by a preponderance of the evidence, that such failure was not a knowing failure; or (2) such person so registered not later than 30 days after receiving notice of such requirement, regardless of the person’s age at the time of registration.. (e) Technical and conforming amendments The Military Selective Service Act (50 U.S.C. 3801 et seq.) is amended— (1) in section 4 (50 U.S.C. 3803)— (A) in subsection (a)— (i) by striking his acceptability in all respects, including his and inserting such person’s acceptability in all respects, including; and (ii) by striking he may prescribe and inserting the President may prescribe; (B) in subsection (c)— (i) in paragraph (2), by striking Any enlisted member and inserting Any person who is an enlisted member; and (ii) in paragraphs (3), (4), and (5), by striking in which he resides and inserting in which such person resides; (C) in subsection (g), by striking coordinate with him and inserting coordinate with the Director; and (D) in subsection (k)(1), by striking finding by him and inserting finding by the President; (2) in section 5(d) (50 U.S.C. 3805(d)), by striking he may prescribe and inserting the President may prescribe; (3) in section 6 (50 U.S.C. 3806)— (A) in subsection (c)(2)(D), by striking he may prescribe and inserting the President may prescribe; (B) in subsection (d)(3), by striking he may deem appropriate and inserting the President considers appropriate; and (C) in subsection (h), by striking he may prescribe each place it appears and inserting the President may prescribe; (4) in section 10 (50 U.S.C. 3809)— (A) in subsection (b)— (i) in paragraph (3)— (I) by striking He shall create and inserting The President shall create; and (II) by striking upon his own motion and inserting upon the President’s own motion; (ii) in paragraph (4), by striking his status and inserting such individual’s status; and (iii) in paragraphs (4), (6), (8), and (9), by striking he may deem each place it appears and inserting the President determines; and (B) in subsection (c), by striking vested in him and inserting vested in the President; (5) in section 12 (50 U.S.C. 3811), by striking present himself each place it appears and inserting appear; (6) in section 13(b) (50 U.S.C. 3812(b)), by striking regulation if he and inserting regulation if the President; (7) in section 15 (50 U.S.C. 3813)— (A) in subsection (b), by striking his each place it appears and inserting the registrant’s; and (B) in subsection (d), by striking he may deem and inserting the President considers; (8) in section 16(g) (50 U.S.C. 3814(g))— (A) in paragraph (1), by striking who as his regular and customary vocation and inserting who, as such person’s regular and customary vocation,; and (B) in paragraph (2)— (i) by striking one who as his customary vocation and inserting a person who, as such person’s customary vocation,; and (ii) by striking he is a member and inserting such person is a member; (9) in section 18(a) (50 U.S.C. 3816(a)), by striking he is authorized and inserting the President is authorized; (10) in section 21 (50 U.S.C. 3819)— (A) by striking he is sooner and inserting sooner; (B) by striking he each subsequent place it appears and inserting such member; and (C) by striking his consent and inserting such member’s consent; (11) in section 22(b) (50 U.S.C. 3820(b)), in paragraphs (1) and (2), by striking his each place it appears and inserting the registrant’s; and (12) except as otherwise provided in this section— (A) by striking he each place it appears and inserting such person; (B) by striking his each place it appears and inserting such person’s; and (C) by striking him each place it appears and inserting such person. (f) Conforming amendment regarding Federal employees Subsection (a) of section 3328 of title 5, United States Code, is amended to read as follows: (a) A person required to register under section 3 of the Military Selective Service Act (50 U.S.C. 3803) but who failed to so register shall be ineligible for appointment to a position in an Executive agency unless— (1) (A) such requirement has terminated or become inapplicable to such person; and (B) the head of such Executive agency determines, by a preponderance of the evidence, that such failure was not a knowing failure; or (2) such person so registered not later than 30 days after receiving notice of such requirement, regardless of the person’s age at the time of registration.. (g) Partially delayed effective date The amendments made by subsections (c) and (f) of this section shall take effect one year after the date of the date of the enactment of this Act.