[Congressional Record Volume 167, Number 201 (Thursday, November 18, 2021)]
[Senate]
[Pages S8463-S8464]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4793. Mr. LEE (for himself and Mr. Daines) 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, beginning in subsection (d)(4), strike the
period at the end of subparagraph (B)(ii) and all that
follows through subsection (g) and insert the following: ``;
and
(C) by adding at the end the following new subsection:
``(p) No person may be inducted for training and service
under this title if such person--
``(1) has a dependent child and the other parent of the
dependent child has been inducted for training or service
under this title unless the person volunteers for such
induction; or
``(2) has a dependent child who has no other living
parent.''.
(5) Section 10(b)(3) (50 U.S.C. 3809(b)(3)) is amended by
striking ``the President is requested'' and all that follows
through ``race or national origin'' and inserting ``the
President is requested to appoint the membership of each
local board so that each board has both male and female
members and, to the maximum extent practicable, it is
proportionately representative of those registrants within
its jurisdiction in each applicable basis set forth in
section 703(a) of the Civil Rights Act of 1964 (42 U.S.C.
2002e-2(a)), but no action by any board shall be declared
invalid on the ground that such board failed to conform to
such representation quota''.
(6) Section 16(a) (50 U.S.C. 3814(a)) is amended by
striking ``men'' and inserting ``persons''.
(e) Maintaining the Health of the Selective Service
System.--Section 10(a) (50 U.S.C. 3809(a)) is amended by
adding at the end the following new paragraph:
``(5) The Selective Service System shall conduct exercises
periodically of all mobilization plans, systems, and
processes to evaluate and test the effectiveness of such
plans, systems, and processes. Once every 4 years, the
exercise shall include the full range of internal and
interagency procedures to ensure functionality and
interoperability and may take place as part of the Department
of Defense mobilization exercise under section 10208 of title
10, United States Code. The Selective Service System shall
conduct a public awareness campaign in conjunction
[[Page S8464]]
with each exercise to communicate the purpose of the exercise
to the public.''.
(f) Technical and Conforming Amendments.--The Military
Selective Service Act is amended--
(1) in section 4 (50 U.S.C. 3803)--
(A) in subsection (a) in the third undesignated paragraph--
(i) by striking ``his acceptability in all respects,
including his'' and inserting ``such person's acceptability
in all respects, including such person's''; 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 considers''; and
(B) in subsection (c), by striking ``vested in him'' and
inserting ``vested in the President'';
(5) in section 13(b) (50 U.S.C. 3812(b)), by striking
``regulation if he'' and inserting ``regulation if the
President'';
(6) 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'';
(7) 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'';
(8) in section 18(a) (50 U.S.C. 3816(a)), by striking ``he
is authorized'' and inserting ``the President is
authorized'';
(9) 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'';
(10) 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
(11) 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'';
(C) by striking ``him'' each place it appears and inserting
``such person''; and
(D) by striking ``present himself'' each place it appears
in section 12 (50 U.S.C. 3811) and inserting ``appear''.
(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.''.
(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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