[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Page S8051]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4544. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        In section 511, strike subsection (g) and insert the 
     following:
       (g) Enactment of Authorization Required for Draft.--
       (1) Findings.--Congress makes the following findings:
       (A) Clause 12 of section 8 of article I of the Constitution 
     of the United States empowers Congress with the 
     responsibility to ``raise and support Armies''.
       (B) The United States first required military conscription 
     in the American Civil War under the Civil War Military Draft 
     Act of 1863.
       (C) The Selective Services Act of 1917 authorized the 
     President to draft additional forces beyond the volunteer 
     force to support exceedingly high demand for additional 
     forces when the U.S. entered the first World War.
       (D) The Selective Training and Service Act of 1940 was the 
     first authorization by Congress for conscription in peacetime 
     but limited the President's induction authority to ``no 
     greater number of men than the Congress shall hereafter make 
     specific appropriation for from time to time''.
       (E) Congress allowed induction authority to lapse in 1947.
       (F) Congress reinstated the President's induction authority 
     under the Selective Service Act of 1948 to raise troops for 
     United States participation in the Korean War.
       (G) Congress maintained the President's induction authority 
     under the Selective Service Act of 1948 through the beginning 
     of the Vietnam War.
       (H) Congress passed additional reforms to the draft under 
     the Military Selective Service Act of 1967 in response to 
     issues arising from United States engagement in the Vietnam 
     War.
       (I) Congress prohibited any further use of the draft after 
     July 1, 1973.
       (J) If a president seeks to reactivate the use of the 
     draft, Congress would have to enact a law providing 
     authorization for this purpose
       (2) Amendment.--Section 17 of the Military Selective 
     Service Act (50 U.S.C. 3815) is amended by adding at the end 
     the following new subsection:
       ``(d) No person shall be inducted for training and service 
     in the Armed Forces unless Congress first passes and there is 
     enacted a law expressly authorizing such induction into 
     service and specifying the total number of persons that may 
     be so inducted.''.
       (h) Effective Date.--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 (g) 
     shall take effect 1 year after such date of enactment.
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