If a draftee doesn’t report for induction as ordered, the SSS will have no way to prove whether they did so “knowingly and willfully” or whether they didn’t get the message, aren’t actually subject to the draft, or assumed the induction order was a scam. They will be able to ignore induction orders with impunity until the SSS either tricks them into signing for a certified letter or sends FBI agents door to door to deliver induction orders.
The SSS “already knows who needs to register, supporters contend”, according to one report on the House-Senate conference. That’s not true. Being able to deliver an induction notice by provable means requires a current postal address to which to send a certified letter. This isn’t necessarily contained in any current Federal database.
U.S. citizens — other than those under court supervision after being convicted of crimes, and men 18-26 required to report changes of address to the SSS — aren’t normally required to report to any government agency when they change their address. The address in a Social Security record may be the address where a person lived when they were first assigned a Social Security number. The address in IRS or other Federal records may be a parent’s address or another nominal legal residence where they aren’t normally present to sign for an induction notice or other mail.
Whether an individual is subject to the U.S. draft depends on, among other factors, their sex as assigned at birth. This is recorded, if at all, in state or foreign birth records, and not necessarily in any Federal record. State records, even if the SSS can obtain them, may now indicate a self-selected gender marker or a non-binary or non-gendered ‘X’ gender marker.
The automatic registration provision grants the SSS unprecedented authority to require any other Federal agency to provide the SSS with any information “that the Director [of the SSS] determines necessary to identify or register a person subject to registration.” But it imposes no such obligation on state governments. States that don’t want the SSS used as a conveyor belt to DOGE may respond to “automatic” draft registration by ending their sharing of data with the SSS.
Who can be drafted also depends on citizenship, immigration, and visa status. To figure out who to register “automatically”, the SSS will have to construct a database of all males ages 18-26 present in the U.S., including non-U.S. citizens, documented or undocumented, and their immigration and visa status, and keep this list constantly up to date. A comprehensive list of undocumented young adult U.S. residents, with accurate addresses for provable delivery of induction orders, won’t be easy to construct.
But even an error-filled and incomplete version of such a list would be highly vulnerable to abuse by other Federal agencies that could obtain it from the SSS.
The “automatic” registration process will be intrusive and error-prone. The burden of information collection and the potential for weaponization of the list will be greatest for already vulnerable transgender, non-binary, and immigrant youth. These are the people who the SSS is likely to misgender, misregister, and/or need to interrogate individually to fill in gaps in current Federal data.
Potential draftees will be required to provide personal information on demand of the SSS — a telling provision which wouldn’t be needed if they could actually be identified and located “automatically.” Since it’s impossible to tell which messages are actually from the SSS, identity thieves and other scammers will undoubtedly step up their use of fraudulent messages purporting to be from the SSS as a way to trick recipients into providing personal information or visiting phishing sites.
Keeping the draft on a hair-trigger isn’t a fait accompli. The final version of the NDAA has to be approved by the Senate and signed into law (likely this week). Then Congress has the next year, before the “automatic” registration program is scheduled to start, to recognize that a draft based on any list of potential conscripts would be widely resisted and unenforceable, repeal the Military Selective Service Act, and remove the draft from the U.S. policy arsenal.