Selective Service System - Failure To Register

Failure To Register

In 1980, men who knew they were required to register and did not do so could face up to five years in jail or a fine up to $50,000 if convicted. The potential fine was later increased to $250,000. Despite these possible penalties, government records indicate that from 1980 through 1986 there were only 20 indictments, of which 19 were instigated in part by self-publicized and self-reported non-registration. As one of the elements of the offense, the government must prove that a violation of the Military Selective Service Act was knowing and willful. This is almost impossible unless the prospective defendant has publicly stated that he knew he was required to register or report for induction, or unless he has been visited by the FBI, personally served with notice to register or report for induction, and given another chance to comply. The last prosecution for non-registration was in January 1986, after which many believed the government declined to continue enforcing that law when it became apparent that the trials were themselves causing a decline in registration. Routine checks requiring identification virtually never include a request for draft card.

As an alternative method of encouraging registration, federal legislators passed laws requiring that to receive financial aid, federal grants and loans, certain government benefits, eligibility for most federal employment, and (if the person is an immigrant) eligibility for citizenship, a young man had to be registered (or had to have been registered, if they are over 26 but were required to register between 18 and 26) with Selective Service. Those who were required to register, but failed to do so before they turn 26, are no longer allowed to register, and thus may be permanently barred from federal jobs and other benefits, unless they can show to the Selective Service that their failure was not knowing and willful. There is a procedure to provide an "information letter" by the SSS for those in these situations, for example recent citizens who entered the US after their 26th birthday.

Most states, as well as the District of Columbia, Guam, Northern Mariana Islands, and Virgin Islands, have passed laws requiring registration for men 18–25 to be eligible for programs that vary on a per-jurisdiction basis but typically include driver's licenses, state-funded higher education benefits, and state government jobs. Alaska also requires registration to receive an Alaska Permanent Fund dividend. Eight states (Connecticut, Indiana, Nebraska, Oregon, Pennsylvania, Vermont, Washington, and Wyoming) as well as Puerto Rico have no such requirements, though Indiana does give men 18–25 the option of registering with Selective Service when obtaining a drivers license or an identification card. The New York State Department of Motor Vehicles automatically registers young men 18-25 with the Selective Service as federally required, whenever they apply for driver licenses, learner permits, or non-driver identification cards.

There are some third-party organized efforts to compensate financial aid for those students losing benefits, including the Fund for Education and Training (FEAT) and Student Aid Fund for Non-registrants.