CRS INSIGHT
Women and the Selective Service
December 15, 2015 (IN10414)
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Kristy N. Kamarck
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Kristy N. Kamarck, Analyst in Military Manpower (kkamarck@crs.loc.gov, 7-7783)
On December 3, 2015, Secretary of Defense Ashton Carter ordered the military to open all combat jobs to women with
no exceptions. Some have questioned the implications of this policy change for the Military Selective Service Act
(MSSA). This law requires males to register but exempts females. By law
, the Secretary of Defense is required to report
to Congress within 30 calendar days of implementing any proposed changes opening units or positions that were
previously closed to women. The Secretary's report is required to include justification for the proposed change and
analysis of the implications for the MSSA.
Current Law and Regulations
Conscription (the draft) has been used to help meet military manpower requirements at various times in U.S. history
since the Civil War era. While men have been required to register for induction into military service, women in the
United States have never been subject to the draft. On January 27, 1973, then-Secretary of Defense Melvin R. Laird
announced the creation of an all-volunteer force and the end of the need for military conscription. The last man
inducted through the draft entered into the Army on June 30, 1973; however, the requirement for male U.S. citizens to
register for Selective Service continues today.
The MSSA requiring all male citizens between the ages of 18 and 26 to register for the draft was first enacted as the
"Selective Service Act of 1948". The Act has been subsequently amended a number of times. Today the current law
states,
(a) Except as otherwise provided in this title […] it shall be the duty of every male citizen of the United States, and
every other male person residing in the United States, who, on the day or days fixed for the first or any subsequent
registration, is between the ages of eighteen and twenty-six, to present himself for and submit to registration…
Potential consequences for failing to register for the Selective Service include both criminal penalties and ineligibility
for certain federal aid or employment:
If indicted, imprisonment of not more than 5 years and/or fine of not more than $10,000 (50 U.S.C. §462).
Ineligibility for Federal student aid (50 U.S.C. §462(f)(1) and C.F.R. §668.37)
Ineligibility for appointment to a position in an executive agency (5 U.S.C. §3328 and 5 C.F.R. 300.704 –
Considering individuals for appointment)
Women are currently not required to register for the Selective Service. Federal regulations state that, "No person who is
