S.Amdt. 4544

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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