S.Amdt. 6010

SA 6010. Mr. LEE submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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 521, strike subsection (g) and insert the following:

(g) Separate Vote Requirement for Induction of Men and Women.--

(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: 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--

“(1) a law expressly authorizing such induction into service; and

“(2) a law authorizing separately--

“(A) the number of male persons subject to such induction into service; and

“(B) the number of female persons subject to 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.