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

1 1 (January 12, 2023)

handle is hein.crs/govekfw0001 and id is 1 raw text is: \Congressional                                                     ____
A4 Research Service
FY2023 NDAA: Selective Service and Draft
Registration
Updated January 12, 2023
Background
Several provisions in the Senate Armed Services Committee (SASC)-reported National Defense
Authorization Act for Fiscal Year 2023 (NDAA; S. 4543) would have amended 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 U.S. Armed Forces
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. Women are not
required to register. Congress did not include any of the SASC-proposed provisions in the enacted
FY2023 NDAA.
Since the Civil War, conscription (the draft) of registered males has been used to meet military
personnel needs at various times in U.S. history. 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. The Consolidated
Appropriations Act for FY2023 (P.L. 117-328), enacted on December 29, 2022 includes $31.7 million for
the SSS; $2.5 million more than the FY2022 appropriation of $29.2 million, and $0.5 million above the
FY2023 budget request of $29.7 million.
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,
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