Until last week, many people did not believe it could be possible for a situation to occur in which the United States would need to enact the draft again. In fact, in 1994, Congress considered removing the policy from federal law.
President Bill Clinton urged Congress to keep the draft saying, “Maintaining the Selective Service and draft registration provides a hedge against unforeseen threats and a relatively low insurance policy against our understanding the maximum level of threat we expect our Armed Forces to face.”
As the United States prepares to respond to terrorist attacks and reserves are called in to aid in this action, the need for another military draft does not seem too far away.
It is required by law for almost all male U.S. citizens and male aliens living in the U.S. who are between the ages of 18-25 to register with the Selective Service. If an individual does not register, he can be prosecuted and fined up to $250,000 and possibly receive a jail sentence for up to five years. In order to qualify for federal student aid, job training benefits and most federal employment, men must be registered for the draft.
There are few exceptions for those men who do not have to register with the draft. Disabled men, clergy men, and men who are consciously opposed to war are still required to register with the Selective Service. Young men attending one of the service academies such as the U.S. Naval Academy do not have to register for the draft.
If a crisis occurs and Congress and the president enact the draft, men will be called by a lottery system, according to their birthday. Then a local draft board would decide which men can be accepted for service.
However, if a draft were held today, it would be much different than it was for the Vietnam War.
According to the Selective Service System, the local draft boards would better represent their communities. In 1971, Congress changed the draft laws so the individuals on each local draft board would be as representative as possible of the racial and national origin of the area that they served.
This change in the draft laws directly affects college students. In the past, a man could get a deferral from the draft if he could prove that he was a full-time student and making satisfactory progress toward a degree. Under the current law, students can only get a deferral from the draft until the end of the current term. Only graduating seniors are exempt from the draft until the end of the current school year.
The way the lottery runs was also changed in 1971. Under the current law, men will only be placed in the first priority category for one year. This would most likely be when he turned 20, or the year his deferment ended. Each year after a man has been in the top priority category, the likelihood for him to be drafted would decrease.
