Congressional Research Service Report: 'Selective Service System & Draft Registration – Issues for Congress' (Part 3 of 3)
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(Continued from Part 2 of 3)
Funding
Currently, nearly 60% of the agency's annual budget goes to personnel costs, including civilian pay and benefits and Military Reserve Officer support (see Table 3)./161
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[See link at end of text for Table 3. Selective Service Agency Budget, FY2020]
Source:
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Data-Sharing and Data Management
The agency maintains data for registrants until their 85th birthday at the Data Management Center in
Most of the registration and data-sharing is automated. The SSS both provides data to and receives data from other government agencies, including the
On a monthly basis, SSS provides the
Men are required to update the Selective Service within 10 days when their address changes until
What are Some Options for the Future of the
Although
Some see the preservation of the SSS as an important component of national security and emergency preparedness. Others suggest the
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158 See CRS Report R45295, Financial Services and General Government (FSGG) FY2019 Appropriations: Overview, by
159
161 The RFOs receive their drill pay from
162 https://www.sss.gov/About/Agency-Structure.
163
164 An amendment to the
165
166
167 Information provided by the
168 Information provided by the
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Arguments For and Against Repeal of
Some form of selective service legislation has been in effect almost continuously since 1940. Repealing the
Those who would like to repeal the
Some analysts have suggested that a draft, if implemented, would be an inefficient use of labor, as it would "indiscriminately compel employment in the military regardless of an individual's skills where that individual could have much greater value to our society elsewhere."/173 Others, including civil rights advocacy groups, contend that the registration requirement and conscription are an invasion of civil liberty.
Those who advocate for maintaining the
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169 See for example, S. 3041 (114th
170 2013 polling data suggest that 65% of Americans are opposed to reinstating the draft (with 28% in favor and 8% don't know). Quinnipiac University Poll,
171 LA Times Editorial Board, "Draft registry for women? How about for no one?" Los Angeles Times,
172
173
174
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In the short term, additional manpower needs might be augmented by Delayed Entry Program (DEP) participants, non-prior service reservists awaiting training, and other inactive reserve manpower./175 A reauthorization of the draft might also encourage volunteerism, as choosing a branch of service and occupational specialty might be more preferable to the possibility of being drafted and assigned a branch and occupation. This might have the potential to provide adequate volunteer manpower until the SSS mechanisms could be fully re-established.
Others are skeptical that a post-mobilization registration system, including the administrative infrastructure to support a draft, could be quickly established in a time of national crisis./176 Proponents of maintaining the SSS and registration requirement often cite a few key arguments.
First, at approximately
'After extensive review, the Commission reaffirms the need to maintain a contingency for mandatory military service in order to draw on the talents, skills, and abilities of Americans in the event of a national emergency, and to clarify the purpose of that system in law. The Selective Service is an essential component of the Nation's military preparedness.'/177
Other Legislative Options and Considerations
Some of the options for amending the
* Repealing the registration requirement (with or without maintaining the SSS as an agency),
* Transferring SSS functions to an existing federal agency,
* Removing or modifying penalties for failure to register,
* Requiring women to register,
* Enhancing SSS data collection for the acquisition of critical skills, and
* Strengthening ability to respond to a national mobilization.
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175
176
177 Dr.
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Repealing the Peacetime Registration Requirement
Some have proposed that if registrant data were needed for a future draft, they might be acquired through existing federal or state government databases. The current SSS database relies heavily on information collected by other federal and state entities for initial inputs, updates, and verification of registrants' address information. However, this data sharing is enabled by existing statutes and agency agreements that if repealed or allowed to lapse might require time and effort to reconstitute. The use of existing government or even commercial databases to develop a list of draft-eligible youth also raises concerns about a fair and equitable draft, as these lists might also exclude some draft-eligible individuals./179
In the case of a national emergency,
The 2020 Commission recommend maintaining the pre-mobilization registration system and the SSS infrastructure, based on estimates that it would take 830 to 920 days to bring the SSS out of standby mode and deliver the first inductees./182 If the SSS was maintained and only the registration requirement was repealed, the SSS estimates it would take one year from congressional authorization to deliver the first inductee./183
Transferring SSS Functions to an
Current law states, "the
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178 50 U.S.C. Sec.3802 and 50 U.S.C. Sec.3811.
179 In 1978 the
180
181
182
183 Ibid.
184 50 U.S.C. Sec.3801(f).
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As described previously, this staffing includes regional directors and a pool of civilian volunteers that would serve on local draft boards. This responsibility for maintaining volunteer rolls and training could also be transferred to an existing federal agency, potentially the
Another option might be to transfer the agency and/or its functions to the
Some suggest that suspension or transfer of SSS operations could deliver some federal budget savings. In 2012, as mandated by
Amending or Repealing the Penalties for Failing to Register
Some argue that
Alternatively,
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185 In 1975, the
186 Agencies under
187
188 P.L. 112-81.
189
190
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Changing Registration Requirements to Include Women
Women in
In a
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191
192 Polling results from five recent polls as presented in
193
194 Ibid.
195
196 Ibid.
197 Statement of Sotomayor, J,
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Some women have also pushed for female registration, arguing that women cannot be equal in society as long as they are barred from full participation in all levels of the national security system and thus should be allowed to register for Selective Service./198 The 2020 Commission heard from some current female servicemembers that "disparate treatment with respect to registration was yet another way in which the Government signaled that their contributions and sacrifices were not as valued as those of their male colleagues."/199
Others believe that equal access to combat jobs should oblige women to take equal responsibility for registering for Selective Service and potential assignments to combat roles should the draft be reinstated./200 Still others suggest that women should be obliged to register but should not be forced into combat roles in the occasion of a draft./201 Any exemptions for women would raise fairness concerns for men, who would not have the same opportunities to opt out of combat assignments. Making the choice not to serve in combat available to both men and women might make it difficult for the services to function, especially in the event of war or national emergency.
Those who are opposed to a requirement for women to register suggest that it is not fair and equitable for women to be placed in the same roles as men. They argue that the average woman does not have the same physical capabilities as the average man and thus would have higher rates of injury and a lower probability of survival if forced to serve in direct ground combat roles./202 Physiological studies have found that the average man has greater muscle mass, upper- and lower-body strength, and speed than the average women./203 Military studies have also found higher injury rates among women - particularly when engaging in heavy load-bearing activities./204 Other studies have suggested that physiological differences associated with metabolic rates may give women an advantage in endurance activities./205 Opponents of drafting women have also contended that it would be militarily inefficient to draft thousands of women when only a small percentage would be physically qualified to serve in direct ground combat roles./206
Some have countered that the physical standards for assignment to combat roles in the AVF are tied to combat tasks, gender-neutral, and unlikely to be lowered in the instance of draft mobilization, ensuring that the cadre of men and women would be assigned to those roles at rates proportional to their ability to meet those physical standards./207
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198 In
199
200
201
202
Breitbart Texas,
203
204
205
206
207 When registering women for the draft was considered in the early 1980s, some raised equity concerns about draft calls since combat positions were closed to women, therefore, men and women would not likely be drafted in equal numbers. Proponents of registering women asserted that conscription would be based on military personnel needs and men and women would serve "in proportion to the ability of the Armed Forces to use them effectively." U.S.
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Moreover, physical standards are not the only standards to be met for service in the Armed Forces. Prospective recruits must also meet certain educational, aptitude, and medical standards and there are restrictions on prior drug use or criminal offenses./208 The 2020 Commission noted that while the number of young people eligible for military service under current standards has been shrinking, data from
Others who are opposed to the potential draft of women believe that women hold a special and unique position in society due to their roles as wives, mothers, caregivers, and nurturers./212 As stated in the 2020 Commission report,
'For some, women's unique biological distinction--their ability to conceive and bear children--is an immutable difference that justifies differential treatment and raises the concern that military service may adversely affect the fertility of female service members. These individuals argue that service through a draft would interfere with or deny many women the ability to embrace the vocation of motherhood.'/213
Certain religious organizations believe it is wrong for women to serve in combat roles, or for the government to coerce women into military service./214 In addition, some polling data suggest that if women were required to register for the draft, it would significantly increase public opposition to reinstating the draft and could affect public support for engaging in any conflict that has the potential to escalate beyond the capability of the all-volunteer force./215
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208 For more on enlistment standards, see CRS Report WPD00017, Understanding Constituent Issues: Enlisting in the Armed Forces, by
209
210 For example, in 2005 the Army started moving towards a "Modular Redesign" for rotation, training, and readiness reasons. Under this concept, the Brigade Combat Teams (BCTs) served as the basic large tactical combat unit of the Army. These BCTs were supported by Multi-Functional Support Brigades. These support brigades were often collocated with the BCTs and included noncombat personnel, many of whom were women. As a consequence, noncombat designated personnel were often exposed to combat action.
211
212 Ibid, p. 120.
213 Ibid.
214 For example, the
215 Some polling data suggest that if the military draft was reinstated, 52% of Americans would be in favor of drafting women as well as men. Thirty six percent of men and 48% of women were opposed to drafting women. Quinnipiac University Poll,
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A requirement for young women to register may have some benefits for
In
'Doing so promotes the national security of
Including women in the registration process may require some additional budget resources for the SSS due to increased administrative processing and public awareness needs. Currently there are about 11 million women ages 18-26 who would be eligible to register under the statutory age requirement./218 The SSS has estimated that to expand registration requirements for women it would need an additional
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216
217
218 Based on 2010
219
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Enhanced SSS Data Collection for the Acquisition of Critical Skills
As previously discussed, some have suggested that the future threats that
'The
One option for
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Consideration of Skill-Matching in Conscription and Alternative Service; Examples from
One example of a modern-day peacetime registration and conscription system can be found in
Israeli is another country where all citizens (men and women) over the age of 18 are liable for conscription into the Israeli Defense Forces (IDF). Some exemptions are granted to Arab citizens of
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The SSS currently has a standby plan, the Health Care Professional Delivery System (HCPDS), that would initiate a post-mobilization draft of individuals with certain critical health specialties in the case of a national emergency./225
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220
221 50 U.S.C. Sec.3801(e).
222 To put this in context,
224 http://www.nbn.org.il/sherut-leumi-national-service/.
225 P.L. 100-180 Sec.715, codified in 50 U.S.C. Sec.3809.
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The 2020 Commission noted that the HCPDS model would be difficult to apply to other career fields, like cyber, that do not have clearly defined licensing and certification requirements./226 The 2020 Commission offered some additional alternatives to acquire critical skills including,
* Extending the upper age limit of registration to 35 years to capture those with skills and experience that can only be gained through longer periods of education and training;
* Creating a Critical Skills Individual Ready Reserve with incentives for non-prior servicemembers and those separating from active or reserve service to remain available in times of emergency; and
* Creating a national volunteer roster of skilled personnel who are willing to serve in a national emergency./227
Regardless of the approach taken, the 2020 Commission also recommended that
Strengthening Ability to Respond to a National Mobilization
The 2020 Commission made several other recommendations to modernize the SSS and to prepare it for future national emergencies. One of these recommendations is to require regular, periodic exercises of military draft mobilization processes. The commission noted that "since 1980, no significant tests of the system have been undertaken to assess whether it [the SSS] can fulfill its mission during an emergency." In his testimony to the commission, the Director of the
Another finding of the commission was that
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226
227 Ibid, p. 103.
228
229 The commission found that personnel requirements and the timeline for inducting draftees in the event of an emergency requiring mass mobilization had not been updated since 1994.
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View tables and report at https://crsreports.congress.gov/product/pdf/R/R44452
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