About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (July 29, 2022)

handle is hein.crs/goveiaf0001 and id is 1 raw text is: 







            \Congressional                                                       ____
            ~  Research Service






FY2023 NDAA: Selective Service and Draft

Registration



July  29, 2022


Background

Several provisions in the Senate Armed Services Committee (SASC)-reported National Defense
Authorization Act for Fiscal Year 2023 (NDAA; S. 4543) would make changes to the Military Selective
Service Act (MSSA; 50 U.S.C. §3801 et seq.). The MSSA provides statutory authority for the federal
government to maintain an independent Selective Service Agency responsible for managing the Selective
Service System (SSS) and for delivering qualified civilian men for induction into the Armed Forces of the
United States when authorized by the President and Congress. Under the MSSA, all male U.S. citizens
and most male noncitizen residents of the United States between the ages of 18 and 26 are required to
register with the SSS. Knowingly or willfully failing to register may result in certain federal and state
penalties including fines, imprisonment, and ineligibility for federal employment or workforce programs.
While legislative proposals have been introduced to require women to register, none of these has been
enacted.
Conscription (the draft) of registered males has been used to meet military manpower needs at various
times in U.S. history since the Civil War. The President's draft induction authority last expired on July 2,
1973, preceding the transition to an all-volunteer force. In 1975, President Gerald Ford temporarily
terminated the registration requirement and the SSS reduced its functions. In 1980, in response to Cold
War threats, President Jimmy Carter reinstated the male registration requirement, which remains in force.
While the registration requirement remains in effect, Congress has not taken any action to reinstate the
draft induction authority. If Congress and the President reinstated the draft induction authority, some
deferments and exemptions, including religious exemptions, would apply under current law. The SSS
manages the registration requirement and mobilization planning. Its proposed budget for FY2023 is $29.7
million-$500,000 more than the FY2022 appropriation of $29.2 million, according to the accompanying
report (H.Rept. 117-393).
In the FY2017 NDAA  (P.L. 114-328), Congress established a National Commission on Military, National,
and Public Service (MNAPS Commission) to help consider options for the future of the MSSA. The
Commission's final report, released in March 2020, included recommendations for amending the MSSA,
including requiring women to register for the draft. These recommendations formed the basis of the
                                                                Congressional Research Service
                                                                  https://crsreports.congress.gov
                                                                                      IN11973

CRS INSIGHT
Prepared for Members and
Committees of Congress

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most