Selective Service System: Difference between revisions

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{{Short description|American conscription system}}
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{{Infobox government agency
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===1917 to 1920===
[[File:King, Stoddard WW1 draft card.jpg|thumb|World War I draft card. Lower left corner to be removed by men of African ancestry in order to keep the [[Racial segregation in the United States Armed Forces|military segregated]]]]
Following the U.S. [[United States declaration of war on Germany (1917)|declaration of war]] against Germany on April 6 April, the [[Selective Service Act of 1917]] (40 Stat. 76) was passed by the [[65th United States Congress]] on 18 May 18, 1917, creating the Selective Service System.<ref>{{cite web |url = https://www.archives.gov/research/guide-fed-records/groups/163.html |title = Records of the Selective Service System (World War I) |publisher = Archives.gov |access-date = 8 April 2011 }}</ref> President [[Woodrow Wilson]] signed the act into law after the [[United States Army|U.S. Army]] failed to meet its target of expanding to 1 million men after six weeks.<ref>{{cite web |url = https://www.upi.com/How-the-draft-has-evolved-in-the-100-years-since-Selective-Service-Act/4031494780649/ |title = How the draft has evolved in the 100 years since Selective Service Act |publisher = United Press International |access-date = 21 May 2018 }}</ref> The act gave the president the power to conscript men for military service. All men aged 21 to 30 were required to enlist for military service for a service period of 12 months. As of mid-November 1917, all registrants were placed in one of five new classifications. Men in Class I were the first to be drafted, and men in lower classifications were deferred. Dependency deferments for registrants who were fathers or husbands were especially widespread.<ref>{{cite journal |last = Geva |first = Dorit |title = Different and Unequal? Breadwinning, Dependency Deferments, and the Gendered Origins of the U.S. Selective Service System |journal = Armed Forces & Society |date = October 2011 |volume = 37 |issue = 4 |pages = 598–618 |doi = 10.1177/0095327X09358654 |s2cid = 145781367 }}</ref> The age limit was later raised in August 1918 to a maximum age of 45. The military draft was discontinued in 1920.
 
===1940 to 1947===
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The [[Selective Training and Service Act of 1940]] was passed by [[76th United States Congress|Congress]] on September 16, September 1940, establishing the first peacetime [[conscription]] in United States history.<ref name="draft">{{cite magazine |last = Holbrook |first = Heber A. |url = http://www.pacshiprev.com/PacificArchivesSubDirectory/page31.html |title = The Crisis Years: 1940 and 1941 |access-date = 2 September 2014 |url-status = dead |archive-url = https://web.archive.org/web/20050313020005/http://www.pacshiprev.com/PacificArchivesSubDirectory/page31.html |archive-date = 13 March 2005 |magazine = The Pacific Ship and Shore Historical Review |date = 4 July 2001 |page = 2}}</ref> It required all men between the ages of 18 and 64 to register with the Selective Service. To register, men typically completed a D.S.S. Form 1 Military Draft Registration Card from the Director of Selective Service. Over 49 million draft cards were completed, including [[The Old Man's Draft]].
 
It originally conscripted all men aged 21 to 35 for a service period of 12 months. In 1941, the military service period was extended to 18 months; later that year the age bracket was increased to include men aged 18 to 37. In 1940, the act had registered 16 million men between the ages of 21-36.{{sfn|Kennedy|1999|p=632}} Following the [[Imperial Japanese Navy|Japanese]] [[attack on Pearl Harbor]] on December 7, December 1941, and the subsequent declarations of war by the United States against the [[Empire of Japan]] and a few days later against [[Nazi Germany]], the service period was subsequently extended in early 1942 to last for the duration of the war, plus a six-month service in the Organized Reserves. Until late 1942, both the U.S. Navy and the Marine Corps relied only on volunteers and all those drafted prior to late 1942 went only to the Army or the Army Air Corps.{{sfn|Kennedy|1999|p=635}} Of those called up for service during the war, nearly 2 million Americans were rejected by the draft boards for "neuropsychiatic reasons".{{sfn|Kennedy|1999|p=710}} The most common "neuropsychiatic reason" was homosexuality, which was a considered to be a very serious mental illness in the 1940s and as such the military refused to accept homosexuals.{{sfn|Kennedy|1999|p=710}} Another four million American men called for national service were rejected for either medical or educational reasons, such as being near-sighted, having rotten teeth or being illiterate.{{sfn|Kennedy|1999|p=710}} As too many men were being rejected for health or educational reasons, the U.S. Army was forced to take remedial work.{{sfn|Kennedy|1999|p=710}} During the course of the war, 25,000 Army dentists pulled 15 million rotten teeth and placed 2.5 million sets of dentures while Army optometrists fitted 2.25 million men with eyeglasses.{{sfn|Kennedy|1999|p=710}} Nearly a million men took educational courses to teach them how to read and write.{{sfn|Kennedy|1999|p=710}} In November 1942, Congress passed the Tydings Amendment which exempted all agricultural workers from the draft, thereby exempting 2 million American men from serving in the war.{{sfn|Kennedy|1999|p=634}}
 
The question of drafting Black men caused much controversy as President [[Franklin D. Roosevelt]] had promised several African-American civil rights leaders in 1940 that the draft would be a color-blind one and in fact the Selective Service Act of 1940 stated "there shall be no discrimination against any person on the account of race or color".{{sfn|Kennedy|1999|p=634}} However, the U.S. military practiced segregation during the war as Black Americans did not serve alongside men of other races and in practice Black men were only drafted to keep the all Black units of the Army, Navy, Marine Corps and Army Air Force up to strength.{{sfn|Kennedy|1999|p=634}} Furthermore, the military as a general rule preferred to use Black servicemen only in menial roles and as much as possible tried to avoid sending African-Americans into combat out of a belief that Black men were not brave enough.{{sfn|Kennedy|1999|p=634}} As such, the U.S. Army in particular did not form many divisions out of the Black men drafted, which limited the number of African-Americans subject to the draft.{{sfn|Kennedy|1999|p=634}} As a result of these practices, in early 1943 African-Americans made up 10.6% of the American population, but only 6% of the men serving in the military.{{sfn|Kennedy|1999|p=634}}
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The outbreak of the Korean War fostered the creation of the [[Military Selective Service Act|Universal Military Training and Service Act]] of 1951. This lowered the draft age from 19 to {{frac|18|1|2}}, increased active-duty service time from 21 to 24 months, and set the statutory term of military service at a minimum of eight years. Students attending a college or training program full-time could request an exemption, which was extended as long as they were students. A Universal Military Training clause was inserted that would have made all men obligated to perform 12 months of military service and training if the act was amended by later legislation. Despite successive attempts over the next several years, however, such legislation was never passed.
 
President [[John F. Kennedy]] set up {{Executive Order|11119}} (signed on 10 September 10, 1963), granting an exemption from conscription for married men between the ages of 19 and 26. His vice president and later successor as president, [[Lyndon B. Johnson]], later rescinded the exemption for married men without children by {{Executive Order|11241}} (signed on 26 August 26, 1965 and going into effect on midnight of that date). However, married men with children or other dependents and men married before the executive order went into effect were still exempt. President [[Ronald Reagan]] revoked both of them with {{Executive Order|12553}} (signed on 25 February 25, 1986).
 
The [[Military Selective Service Act|Military Selective Service Act of 1967]] expanded the ages of conscription to the ages of 18 to 55. It still granted student deferments, but ended them upon either the student's completion of a four-year degree or his 24th birthday, whichever came first.
 
===1969 to 1975===
On 26 November 26, 1969, President [[Richard Nixon]] signed an amendment to the Military Selective Service Act of 1967 that established conscription based on random selection (lottery).<ref>{{cite web |title = An Act to Amend the Military Selective Service Act of 1967 ... |url = http://www.gpo.gov/fdsys/pkg/STATUTE-83/pdf/STATUTE-83-Pg220.pdf |author = 91st U.S. Congress |publisher = [[United States Government Printing Office]] }} ({{USStatute|91|124|83|220|1969|11|26}})</ref> The [[draft lottery (1969)|first draft lottery]] was held on 1 December 1, 1969; it determined the order of call for induction during calendar year 1970, for registrants born between 1 January 1, 1944, and 31 December 31, 1950. The highest lottery number called for possible induction was 195.<ref>{{cite web |url = https://www.sss.gov/About/History-And-Records/lotter1 |title = The Vietnam Lotteries |access-date = 21 July 2015 |publisher = Selective Service System }}</ref> The second lottery, on 1 July 1, 1970, pertained to men born in 1951. The highest lottery number called for possible induction was 125.<ref>{{cite web |title = Results from Lottery Drawing – Vietnam Era – 1971 |url = http://www.sss.gov/LOTTER2.HTM |access-date = 21 July 2015 |publisher = Selective Service System |url-status = dead |archive-url = https://web.archive.org/web/20150305053748/http://www.sss.gov/LOTTER2.HTM |archive-date = 5 March 2015 }}</ref> The third was on 5 August 5, 1971, pertaining to men born in 1952; the highest lottery number called was 95.<ref>{{cite web |title = Results from Lottery Drawing – Vietnam Era – 1972 |url = http://www.sss.gov/lotter3.htm |access-date = 21 July 2015 |publisher = Selective Service System |url-status = dead |archive-url = https://web.archive.org/web/20150305055024/http://www.sss.gov/LOTTER3.HTM |archive-date = 5 March 2015 }}</ref>
 
In 1971, the [[Military Selective Service Act]] was further amended to make registration compulsory; all men had to register within a period 30 days before and 29 days after their 18th birthdays. Registrants were classified ''1-A'' (eligible for military service), ''1-AO'' ([[conscientious objector]] available for non-combatant military service), and ''1-O'' (conscientious objector available for alternate community service). Student deferments were ended, except for [[Seminary|divinity students]], who received a ''2-D'' Selective Service classification. Men who were not classifiable as eligible for service due to a disqualification were classified ''1-N''. Men who are incapable of serving for medical or psychological unfitness are classified ''4-F''. Upon completion of military service the classification of ''4-A'' was assigned. Draft classifications of ''1-A'' were changed to ''1-H'' (registrant not currently subject to processing for induction) for men not selected for service after the calendar year they were eligible for the draft. (These – and other – draft classifications were in place long before 1971.) Also, draft board membership requirements were reformed: minimum age of board members was dropped from 30 to 18, members over 65 or who had served on the board for 20 or more years had to retire, and membership had to proportionally reflect the ethnic and cultural makeup of the local community.
 
On 27 January 27, 1973, [[United States Secretary of Defense|Secretary of Defense]] [[Melvin Laird]] announced the creation of an all-volunteer armed forces, negating the need for the military draft.<ref>{{cite magazine |last1 = Janowitz |first1 = Morris |first2 = Charles C. Jr. |last2 = Moskos |name-list-style = amp |title = Five Years of the All-Volunteer Force: 1973–1978 |magazine = Armed Forces & Society |date = January 1979 |volume = 5 |pages = 171–218 |url = http://afs.sagepub.com/cgi/reprint/5/2/171 }}</ref> The seventh and final lottery drawing was held on 12 March 12, 1975, pertaining to men born in 1956, who would have been called to report for induction in 1976.<ref>{{cite web |title = The Vietnam Lotteries |url = https://www.sss.gov/About/History-And-Records/lotter1 |publisher = Selective Service System }}</ref> But no new draft orders were issued after 1972.<ref>{{cite web |title = Results from Lottery Drawing – Vietnam Era – 1973 |url = http://www.sss.gov/lotter4.htm |access-date = 21 July 2015 |publisher = Selective Service System |url-status = dead |archive-url = https://web.archive.org/web/20150227012524/http://www.sss.gov/LOTTER4.HTM |archive-date = 27 February 2015 }}</ref>
 
===1975 to 1980===
On March 29, March 1975, President [[Gerald Ford]], whose own son, [[Steven Ford|Steven]], had earlier failed to register for the draft as required,<ref>{{cite web |url = http://geraldrfordfoundation.org/centennial/oralhistory/steve-ford/ |title = Steve Ford |publisher = Gerald R. Ford Foundation |date = 29 May 2013 }}</ref> signed Proclamation 4360 (Terminating Registration Procedures Under Military Selective Service Act), eliminating the registration requirement for all 18- to 25-year-old male citizens.<ref>{{cite web |url = http://www.presidency.ucsb.edu/ws/index.php?pid=23818 |title = Gerald R. Ford: Proclamation 4360 - Selective Service Registration }}</ref>
 
===1980 to present===
On 2 July 2, 1980, President [[Jimmy Carter]], signed Proclamation 4771 (Registration Under the Military Selective Service Act) in response to the [[Soviet–Afghan War|Soviet invasion of Afghanistan]] in the previous year of 1979,<ref>{{cite web |title = Background of Selective Service |url = http://www.sss.gov/backgr.htm |website = Selective Service System |publisher = United States Government |access-date = 23 August 2016 |archive-url = https://web.archive.org/web/20090507211214/http://www.sss.gov/backgr.htm |archive-date = 7 May 2009 |date = 30 April 2002 }}</ref> retroactively re-establishing the Selective Service registration requirement for all 18- to 26-year-old male citizens born on or after 1 January 1, 1960.<ref name="Archives.gov">{{cite web |url = https://www.archives.gov/federal-register/codification/proclamations/04771.html |title = Proclamation 4771 – Registration Under the Military Selective Service Act |publisher = Archives.gov |access-date = 8 April 2011 }}</ref> As a result, only men born between 29 March 29, 1957, and 31 December 31, 1959, were completely exempt from Selective Service registration.<ref>{{cite web |url = http://www.access.gpo.gov/uscode/title50a/50a_9_1_.html |archive-url = https://web.archive.org/web/20030114143335/http://www.access.gpo.gov/uscode/title50a/50a_9_1_.html |archive-date = 14 January 2003 |title = Military Selective Service Act }}</ref>
 
The first registrations after Proclamation 4771 took place at various [[United States Postal Service|post offices]] across the nation on 21 July 21, 1980, for men born in calendar year 1960. Pursuant to the presidential proclamation, all those men born in 1960 were required to register that week. Men born in 1961 were required to register the following week. Men born in 1962 were required to register during the week beginning 5 January 5, 1981. Men born in 1963 and after were required to register within 30 days before or after their 18th birthday.<ref name="Archives.gov"/>
 
A bill to abolish the Selective Service System was introduced in the [[United States House of Representatives]] on 10 February 10, 2016.<ref>{{cite web |title = H.R.4523 – To repeal the Military Selective Service Act, and thereby terminate the registration requirements of such Act and eliminate civilian local boards, civilian appeal boards, and similar local agencies of the Selective Service System. |url = https://www.congress.gov/bill/114th-congress/house-bill/4523 |website = Congress.gov |publisher = Library of Congress |access-date = 12 February 2016 }}</ref> H.R. 4523 would end draft registration and eliminate the authority of the president to order anyone to register for the draft, abolish the Selective Service System, and effectively repeal the "Solomon Amendments" making registration for the draft a condition of federal student aid, jobs, and job training. The bill would leave in place, however, laws in some states making registration for the draft a condition of some state benefits.<ref>{{cite web |title = H.R.4523 – To repeal the Military Selective Service Act |url = http://thomas.loc.gov/cgi-bin/query/z?c114:H.R.4523: |website = Thomas |publisher = Library of Congress |access-date = 12 February 2016 |archive-date = 3 July 2016 |archive-url = https://web.archive.org/web/20160703201330/http://thomas.loc.gov/cgi-bin/query/z?c114:H.R.4523: |url-status = dead }}</ref> On 9 June 9, 2016, a similar bill was introduced in the [[United States Senate]], called the "Muhammad Ali Voluntary Service Act".<ref>{{cite web |url = https://www.congress.gov/bill/114th-congress/senate-bill/3041 |title = S.3041 – Muhammad Ali Voluntary Service Act |website = US Congress |date = 9 June 2016 }}</ref>
 
On 27 April 27, 2016, the House Armed Services Committee voted to add an amendment<ref>{{cite web |title = Amendment to H.R. 4909 offered by Mr. Hunter of California |url = https://hasbrouck.org/draft/amendment-women-register-27APR2016.pdf |access-date = 28 April 2016 }}</ref> to the National Defense Authorization Act for Fiscal Year 2017<ref>{{cite web |title = H.R.4909 – National Defense Authorization Act for Fiscal Year 2017 |url = https://www.congress.gov/bill/114th-congress/house-bill/4909 |website = Congress.gov |publisher = Library of Congress |access-date = 28 April 2016 }}</ref> to extend the authority for draft registration to women. On 12 May 12, 2016, the Senate Armed Services Committee voted to add a similar provision to its version of the bill.<ref>{{cite news |last1 = Lardner |first1 = Richard |title = The GOP-led Senate Armed Services Committee has seconded a call by its counterpart in the House to require women to register for a military draft |url = https://www.usnews.com/news/politics/articles/2016-05-12/senate-panel-says-women-should-register-for-military-draft |access-date = 15 May 2016 |agency = Associated Press |date = 12 May 2016 }}</ref> If the bill including this provision had been enacted into law, it would have authorized (but not require) the president to order young women as well as young men to register with the Selective Service System.<ref>{{cite web |last1 = Hasbrouck |first1 = Edward |title = House Committee votes to extend draft registration to women |url = https://hasbrouck.org/blog/archives/002232.html |website = The Practical Nomad |access-date = 28 April 2016 }}</ref>
 
The House-Senate conference committee for the National Defense Authorization Act for Fiscal Year 2017 removed the provision of the House version of the bill that would have authorized the president to order women as well as men to register with the Selective Service System, but added a new section to create a "[[National Commission on Military, National, and Public Service]]" (NCMNPS). This provision was enacted into law on December 23, December 2016 as Subtitle F of Public Law 114–328.<ref>{{cite web |title = PL114-328, National Defense Authorization Act for Fiscal Year 2017 |url = https://www.gpo.gov/fdsys/pkg/PLAW-114publ328/pdf/PLAW-114publ328.pdf |publisher = Government Printing Office |access-date = 4 September 2018 }}</ref> The commission was to study and make recommendations by March 2020 on the draft, draft registration, registration of women, and "the feasibility and advisability of modifying the military selective service process in order to obtain for military, national, and public service individuals with skills (such as medical, dental, and nursing skills, language skills, cyber skills, and science, technology, engineering, and mathematics (STEM) skills) for which the Nation has a critical need, without regard to age or sex". During 2018 and 2019, the commission held both public and closed-door meetings with members of the public and invited experts and other witnesses.<ref>{{cite web |last1 = Hasbrouck |first1 = Edward |title = National Commission on Military, National, and Public Service (NCMNPS) records released in response to FOIA request |url = https://resisters.info/commission.html |website = Resisters.info |access-date = 4 September 2018 }}</ref>
 
In February 2019, a challenge to the Military Selective Service Act, which provides for the male-only draft, by the [[National Coalition for Men]], was deemed unconstitutional by Judge [[Gray H. Miller]] in the [[United States District Court for the Southern District of Texas]]. [[National Coalition for Men v. Selective Service System|Miller's opinion]] was based on the [[Supreme Court of the United States|Supreme Court]]'s past argument in ''[[Rostker v. Goldberg]]'' (1981) which had found the male-only draft constitutional because the military then did not allow women to serve. As the Department of Defense has since lifted most restrictions on women in the military, Miller ruled that the justifications no longer apply, and thus the act requiring only men to register would now be considered unconstitutional under the [[Equal Protection Clause]].<ref>{{cite web |url = https://www.nytimes.com/2019/02/24/us/military-draft-men-unconstitutional.html |title = Drafting Only Men for the Military Is Unconstitutional, Judge Rules |first = Tyler |last = Pager |date = 24 February 2019 |access-date = 25 February 2019 |work = [[The New York Times]] }}</ref> The government appealed this decision to the 5th Circuit Court of Appeals.<ref>{{cite web |last1 = Hasbrouck |first1 = Edward |title = Federal court declares current military draft registration requirement unconstitutional |url = https://hasbrouck.org/blog/archives/002337.html |access-date = 31 December 2019 }}</ref> Oral arguments on the appeal were heard on March 3, March 2020.<ref>{{cite web |last1=Hasbrouck |first1=Edward |title=Appeals Court hears arguments on the Constitutionality of draft registration |url=https://hasbrouck.org/blog/archives/002365.html |website=Resisters.info |access-date=13 March 2020}}</ref> The District Court decision was reversed by the 5th Circuit Court of Appeals.<ref name="hasbrouck.org">{{cite web |last1=Hasbrouck |first1=Edward |title=Court of Appeals overturns ruling that male-only draft registration requirement is unconstitutional |url=https://hasbrouck.org/blog/archives/002378.html |website=Resisters.Info |access-date=23 January 2021}}</ref> A petition for review was declined by the U.S. Supreme Court.<ref>{{Cite news|last=Liptak|first=Adam|date=7 June 2021|title=Supreme Court Won't Hear Case on Limiting Military Draft to Men|language=en-US|work=The New York Times|url=https://www.nytimes.com/2021/06/07/us/supreme-court-draft.html|access-date=8 June 2021|issn=0362-4331}}</ref>
 
In December 2019, the bipartisan "Selective Service Repeal Act", a bill to repeal the Military Selective Service Act and abolish the Selective Service System, H.R. 5492, was introduced in the U.S. House of Representatives by Representatives [[Peter DeFazio]] (D-OR) and [[Rodney Davis (politician)|Rodney Davis]] (R-IL).<ref>{{cite web |last1 = Hasbrouck |first1 = Edward |title = Bill introduced to end draft registration |url = https://hasbrouck.org/blog/archives/002363.html |access-date = 31 December 2019 }}</ref> This bill was reintroduced in both the House (H.R. 2509) and the Senate (S. 1139) on April 14, April 2021.<ref>{{cite web |title=DeFazio, Wyden, Paul, Davis Introduce Bipartisan Bill to Abolish the Selective Service |date=14 April 2021 |url=https://defazio.house.gov/media-center/press-releases/defazio-wyden-paul-davis-introduce-bipartisan-bill-to-abolish-the |access-date=28 August 2022 |archive-date=29 August 2022 |archive-url=https://web.archive.org/web/20220829184337/https://defazio.house.gov/media-center/press-releases/defazio-wyden-paul-davis-introduce-bipartisan-bill-to-abolish-the |url-status=dead }}</ref>
 
In January 2020, the Selective Service System website crashed following the [[Assassination of Qasem Soleimani|U.S. airstrike on Baghdad International Airport]]. An [[Internet meme]] about the event being the beginning of [[World War III]] began [[Reactions to the assassination of Qasem Soleimani|gaining in popularity]] very quickly, causing an influx of visitors to the Selective Service System website, which was not prepared to handle it.<ref>{{Cite web|url=https://www.cnn.com/2020/01/03/politics/military-draft-selective-service-site-crash-trnd/index.html|title=Selective Service System website crashes amid questions and fears of another US military draft|first=Amir |last=Vera|website=CNN|date=3 January 2020 |access-date=3 March 2020}}</ref><ref>{{Cite web|url=https://www.motherjones.com/politics/2020/01/the-selective-services-website-crashed-and-not-because-people-are-rushing-to-enlist/|title=The Selective Service's website crashed and not because people are rushing to enlist|last=Weinberg|first=Abigail|website=Mother Jones|language=en-US|access-date=3 March 2020}}</ref>
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Selective Service bases the registration requirement on gender at birth. According to the SSS, individuals who were born male are required to register regardless of their current gender identity or gender reassignment. This includes [[Trans woman|transgender women]]. People who are born female who have transitioned, or are in the process of transitioning ([[Trans man|transgender men]]), are not required to register. Individuals who identify as [[Non-binary gender|non-binary]] are required to register if they were born male.<ref>{{cite web |title=Who Needs to Register |url=https://www.sss.gov/faq/#who-needs-to-register |access-date=27 January 2022 |publisher=sss.gov}}</ref> U.S. citizens register for the SSS using their [[Social Security number|Social Security Number]] and the sex designation associated with that number. It is possible to change the sex associated with a Social Security Number (SSN), and the [[Social Security Administration]] (SSA) does not require medical or legal evidence of a sex designation to do so. However, despite some states now allowing an "X" designation on official identification, like birth certificates, the current SSN system is only designed for male or female designations. The SSA is looking into more diverse designation options for the future.<ref>[https://www.ssa.gov/people/lgbtq/gender-identity.html#:~:text=To%20change%20the%20sex%20identification,sometimes%20citizenship%20or%20immigration%20status. Gender Identity | SSA]</ref>
 
In February 2019, the male-only military draft registry was ruled to be unconstitutional by a federal district judge in ''[[National Coalition for Men v. Selective Service System]]''.<ref>{{Cite web|url=https://thehill.com/policy/defense/431334-judge-rules-all-male-military-draft-unconstitutional/|title=Judge rules all-male military draft unconstitutional|first=Michael|last=Burke|date=24 February 2019}}</ref> Following the ruling, Selective Service System attorney Jacob Daniels told reporters: "Things continue here at Selective Service as they have in the past, which is men between the ages of 18 and 25 are required to register with Selective Service. And at this time, until we receive guidance from either the court or from Congress, women are not required to register for Selective Service."<ref>[https://www.npr.org/2019/03/01/699514360/despite-ruling-only-men-are-being-required-to-register-for-military-drafts Despite Ruling, Only Men Are Being Required To Register For Military Drafts : NPR<!-- Bot generated title -->]</ref> On August 13, August 2020, the federal district judge's opinion was unanimously overturned by the U.S. Court of Appeals for the 5th Circuit. The Court held that male-only military draft registration is constitutional on the basis that "only the Supreme Court may revise its precedent."<ref>{{Cite web|url=https://abcnews.go.com/US/wireStory/federal-appeals-court-male-draft-constitutional-72350218|title = Federal appeals court: Male-only draft is constitutional|website = [[ABC News (United States)|ABC News]]}}</ref>
 
A congressionally mandated commission recommended in March 2020 that women should be eligible for the draft.<ref>[https://www.politico.com/news/2020/03/24/women-draft-eligibility-146254 Women should be eligible for the draft, commission recommends] By LARA SELIGMAN, Politico, 24 March 2020</ref> In September 2021, the House of Representatives passed the [[National Defense Authorization Act for Fiscal Year 2022]], which included an amendment that stated that "all Americans between the ages of 18 and 25 must register for selective service." This struck off the word "Male" which extended a potential draft to women; however, the amendment was removed before the National Defense Authorization Act was passed.<ref>{{Cite news|title=House passes defense bill with commission to investigate Afghanistan failures, mandate that women register for draft|language=en-US|newspaper=Washington Post|url=https://www.washingtonpost.com/national-security/house-defense-authorization-bill/2021/09/23/ef9c05d2-1bc9-11ec-a99a-5fea2b2da34b_story.html|access-date=28 October 2021|issn=0190-8286}}</ref><ref>{{Cite web|last=Turner|first=Trish|date=24 July 2021|title=New legislation would require women, like men, to sign up for potential military draft|url=https://abc7chicago.com/10907316/|access-date=28 October 2021|website=ABC7 Chicago|language=en}}</ref><ref>{{Cite web|last=Behrmann|first=Savannah|date=8 December 2021|title=Lawmakers kill measure that would have required women to register for the Selective Service|url=https://www.usatoday.com/story/news/politics/2021/12/08/lawmakers-kill-provision-requiring-women-register-draft/6433960001/|access-date=22 January 2022|website=USA Today|language=en}}</ref>
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The last prosecution for non-registration was in January 1986. In interviews published in ''[[U.S. News & World Report]]'' in May 2016, current and former Selective Service System officials said that in 1988, the Department of Justice and Selective Service agreed to suspend any further prosecutions of non-registrants.<ref>{{cite magazine |last1 = Nelson |first1 = Steven |title = Gender-Neutral Draft Registration Would Create Millions of Female Felons: It's unlikely any would face prison, but jailed draft resisters and former officials urge caution. |url = https://www.usnews.com/news/articles/2016-05-03/gender-neutral-draft-registration-would-create-millions-of-female-felons |access-date = 15 May 2016 |magazine = U.S. News & World Report |date = 3 May 2016 }}</ref> No law since 1980 has required anyone to possess, carry, or show a draft card, and routine checks requiring identification virtually never include a request for a draft card.
 
As an alternative method of encouraging or coercing registration, [[Solomon Amendment]] laws were passed requiring that in order to receive financial aid, federal grants and loans, certain government benefits, eligibility for most federal employment, and (if the person is an immigrant) eligibility for citizenship, a young man had to be registered (or had to have been registered, if they are over 26 but were required to register between 18 and 26) with the Selective Service. Those who were required to register, but failed to do so before they turned 26, are no longer allowed to register, and thus may be permanently barred from federal jobs and other benefits, unless they can show to the Selective Service that their failure was not knowing and willful.<ref name="cannot"/> There is a procedure to provide an "information letter" to the Selective Service for those in these situations, for example recent citizens who entered the U.S. after their 26th birthday.<ref>{{cite web |url = http://www.sss.gov/Status.html |title = SSS Information Letter procedure |publisher = Sss.gov |access-date = 8 April 2011 |archive-date = 1 June 2015 |archive-url = https://web.archive.org/web/20150601050401/https://www.sss.gov/Status.html |url-status = dead }}</ref> The federal law requiring Selective Service registration as a condition of federal financial aid for higher education was overridden in December 2020, and the questions about Selective Service registration status on the FAFSA form were eliminated on July 1, July 2023.<ref>{{cite web |last1=Hasbrouck |first1=Edward |title=Good News and Bad News for the Military Draft in 2021 |url=https://www.antiwar.com/blog/2020/12/29/good-news-and-bad-news-for-the-military-draft-in-2021/ |website=Antiwar.com |access-date=1 January 2021 |date=29 December 2020}}</ref>
 
Most states, as well as the [[Washington, D.C.|District of Columbia]], [[Guam]], [[Northern Mariana Islands]], and [[United States Virgin Islands|Virgin Islands]], have passed laws requiring registration for men 18–25 to be eligible for programs that vary on a per-jurisdiction basis but typically include driver's licenses, state-funded higher education benefits, and state government jobs.<ref name="states">{{Cite web|url=https://www.sss.gov/Registration/State-Commonwealth-Legislation|title=State / Commonwealth and Territory Legislation}}</ref> Alaska also requires registration to receive an [[Alaska Permanent Fund]] dividend.<ref name="states"/> Eleven states (California, Connecticut, Indiana, Massachusetts, Nebraska, New Jersey, Oregon, Pennsylvania, Vermont, Washington, and Wyoming) have no such requirements, though Indiana and Washington do give men 18–25 the option of registering with Selective Service when obtaining a driver's license or an identification card.<ref name="states"/><ref>{{Cite web |title=WA State Licensing (DOL) Official Site: Driver guide |url=https://www.dol.wa.gov/driverslicense/guide.html |access-date=6 July 2022 |website=www.dol.wa.gov |language=en}}</ref> The [[Department of motor vehicles|Department of Motor Vehicles]] of 27 states and 2 territories automatically register young men 18–25 with the Selective Service whenever they apply for driver licenses, learner permits, or non-driver identification cards.<ref name="states"/><ref>{{cite web |url = http://www.dmv.ny.gov/forms.htm#mv44 |title = Applications for Driver License or Non-Driver ID Card |publisher = New York State Department of Motor Vehicles }}</ref>
Line 299 ⟶ 300:
If the agency were to mobilize and conduct a draft, a lottery would be held in full view of the public. First, all days of the year are placed into a capsule at random. Second, the numbers 1–365 (1–366 for lotteries held with respect to a [[leap year]]) are placed into a second capsule. These two capsules are certified for procedure, sealed in a drum, and stored.
 
In the event of a draft, the drums are taken out of storage and inspected to make sure they have not been tampered with. The lottery then takes place, and each date is paired with a number at random. For example, if January 19 January is picked from the "date" capsule and the number 59 picked from the "number" capsule, all men of age 20 born on January 19 January will be the 59th group to receive induction notices. This process continues until all dates are matched with a number.
 
Should all dates be used, the Selective Service will first conscript men at the age of 20, then 21, 22, 23, 24, 25, 19, and 18. Once all dates are paired, the dates will be sent to Selective Service System's Data Management Center.<ref>{{cite web |url = https://www.sss.gov/About/History-And-Records/Selective-Service-Lottery |title = Selective Service System: Selective Service Lottery |publisher = Sss.gov |access-date = 27 April 2017 }}</ref>
Line 489 ⟶ 490:
!Appointed by
|-
|1.||[[File:Dykstra-National-Defense-Mediation-Board.jpg|100x100px]]||[[Clarence Addison Dykstra]]||October 15, October 1940 – April 1, April 1941|| rowspan="2" |[[Franklin D. Roosevelt]]
|-
|2.||[[File:Portrait of LTG Lewis B. Hershey.jpg|100px]]||[[Lewis Blaine Hershey]]||July 31, July 1941 – February 15, February 1970
|-
| -||[[File:No image.svg|100px]]||[[Dee Ingold]]||February 15, February 1970 – April 6, April 1970||(Acting)
|-
|3.||[[File:Curtis Tarr.jpg|100px]]||[[Curtis W. Tarr]]||April 6, April 1970 – May 1, May 1972||[[Richard Nixon]]
|-
| -||[[File:No image.svg|100px]]||[[Byron V. Pepitone]]||May 1, May 1972 – April 1, April 1973||(Acting)
|-
|4.||[[File:Byron V. Pepitone.jpg|100px]]||Byron V. Pepitone||April 2, April 1973 – July 31, July 1977||Richard Nixon
|-
| -||[[File:No image.svg|100px]]||[[Robert E. Shuck]]||August 1, August 1977 – November 25, November 1979||(Acting)
|-
|5.||[[File:Bernard Rostker.jpg|100px]]||[[Bernard D. Rostker]]||November 26, November 1979 – July 31, July 1981||[[Jimmy Carter]]
|-
| -||[[File:No image.svg|100px]]||[[James G. Bond]]||August 1, August 1981 – October 30, October 1981||(Acting)
|-
|6.||[[File:Thomas K. Turnage (2).jpg|100px]]||[[Thomas K. Turnage]]||October 30, October 1981 – March 23, March 1986||[[Ronald Reagan]]
|-
| -||[[File:No image.svg|100px]]||[[Wilfred L. Ebel]]||March 24, March 1986 – July 8, July 1987||(Acting)
|-
| -||[[File:No image.svg|100px]]||[[Jerry D. Jennings]]||July 9, July 1987 – December 17, December 1987||(Acting)
|-
|7.||[[File:Samuel K. Lessey.jpg|100px]]||[[Samuel K. Lessey Jr.]]||December 18, December 1987 – March 7, March 1991||Ronald Reagan
|-
|8.||[[File:Robert W. Gambino.jpg|100px]]||[[Robert W. Gambino]]||March 8, March 1991 – January 31, January 1994||[[George H. W. Bush]]
|-
| -||[[File:No image.svg|100px]]||[[G. Huntington Banister]]||February 1, February 1994 – October 6, October 1994||(Acting)
|-
|9.||[[File:Gil Coronado.jpg|100px]]||[[Gil Coronado]]||October 7, October 1994 – May 23, May 2001||[[Bill Clinton]]
|-
|10.||[[File:Selective Service System Director Alfred Rascon.GIF|100px]]||[[Alfred V. Rascon]]||May 24, May 2001 – January 2, January 2003||[[George W. Bush]]
|-
| -||[[File:No image.svg|100px]]||[[Lewis C. Brodsky]]||January 3, January 2003 – April 28, April 2004||(Acting)
|-
| -||[[File:No image.svg|100px]]||Jack Martin||April 29, April 2004 – November 28, November 2004||(Acting)
|-
|11.||[[File:William Chatfield.jpg|100px]]||[[William A. Chatfield]] ||November 29, November 2004 – May 29, May 2009||George W. Bush
|-
| -||[[File:No image.svg|100px]]||[[Ernest E. Garcia]]||May 29, May 2009 – December 4, December 2009||(Acting)
|-
|12.||[[File:LawrenceRomo SSS.jpg|100px]]||[[Lawrence Romo]] ||December 4, December 2009 – January 20, January 2017||[[Barack Obama]]
|-
| -||[[File:Adam J. Copp.jpg|100px]]||[[Adam J. Copp]]||January 20, January 2017 – April 13, April 2017||(Acting)
|-
|13.||[[File:Don Benton official photo.jpg|100px]]||[[Don Benton|Donald M. Benton]] ||April 13, April 2017 – January 20, January 2021||[[Donald Trump]]
|-
| -||[[File:No image.svg|100px]]||[[Craig T. Brown]]||January 20, January 2021 – August 27, August 2022||(Acting)
|-
| -||[[File:Director-Spangenberg-Headshot-250x312.jpg|100px]]||[[Joel C. Spangenberg]]||August 28, August 2022 – Present||[[Joe Biden]]
|}