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INSIGHTi
FY2022 NDAA: Selective Service and Draft
Registration
Updated November 8, 2021
Background
Several provisions introduced as part of the National Defense Authorization Act for Fiscal Year 2022
(FY2022 NDAA) would make changes to the Military Selective Service Act (MSSA). The MSSA
provides statutory authority for the federal government to maintain a Selective Service Agency as an
independent agency responsible for managing the Selective Service System (SSS) and for delivering
qualified civilian men for induction into the Armed Forces of the United States when authorized by the
President and Congress. Under the MSSA, al male U.S. citizens and most male noncitizen residents of
the United States between the ages of 18 and 26 are required to register with the Selective Service System
(SSS). Women have never been required to register. Knowingly or wil fully failing to register may result
in certain federal and state penalties including fines, imprisonment, and ineligibility for federal
employment or workforce programs.
Conscription (“the draft”) has been used to help meet military manpower needs at various times in U.S.
history since the Civil War. The President’s draft induction authority expired on July 2, 1973, preceding
the transition to an al -volunteer force. In 1975, President Gerald Ford temporarily terminated the
registration requirement and the SSS reduced its functions. In 1980, through Proclamation 4771,
President Jimmy Carter reinstated the male registration requirement, which remains in force. While the
registration requirement remains in effect, Congress has not taken any action to reinstate the draft
induction authority. The SSS manages the registration requirement and mobilization planning with an
annual budget of about $26 mil ion.
In the FY2017 NDAA (P.L. 114-328), Congress established a National Commission on Military, National,
and Public Service (MNAPS Commission) to help consider options for the future of the MSSA. The
Commission’s final report, released in March 2020, included recommendations for amending the MSSA.
These recommendations formed the basis of the Inspire to Serve Act of 2020 (H.R. 6415) introduced in
the 116th Congress. Provisions from this bil appear in the FY2022 NDAA (see Table 1).
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Table 1. FY2022 NDAA Legislative Proposals
House-passed (H.R. 4350)
Senate Armed Services Committee (S. 2792)
Section 513 would amend the MSSA to
Section 511 would
require women to register for the Selective Service;
require women to register for the Selective Service,
ensure female representation on local selection boards;
ensure female representation on local selection boards,
and
require the SSS to conduct periodic mobilization
exercises including a public awareness campaign; and
require the SSS to conduct periodic mobilization
exercises including a public awareness campaign.
would provide a 30-day notification window to
complete registration.
Section 512 would require the SSS Director to conduct a
review of exemptions and deferments from registration,
training, and service and report to Congress on proposed
revisions.
Section 513 would require the SSS Director to report on
processes and procedures for appeal of denial of benefits for
failure to register.
Section 514 would require the Secretary of Defense to
designate a senior civilian official as the “Executive Agent for
National Mobilization,” responsible for mobilization
readiness and congressional reporting.
Source: Congressional Research Service
Discussion
One issue of debate in the FY2022 NDAA is whether women should be required to register for the draft.
This question has been the subject of legislative proposals in prior Congresses and decisions by the
courts. Regarding female registration, the MNAPS Commission concluded: “the time is right to extend
Selective Service System registration to include men and women, between the ages of 18 and 26. This is a
necessary and fair step, making it possible to draw on the talent of a unified Nation in a time of national
emergency.” Similar provisions in the House-passed and Senate-introduced bil s (Sections 513 and 511,
respectively) would expand SSS registration requirements to women. The Biden Administration and some
women’s and men’s advocacy groups support expanding registration requirements based on equity
arguments. Other advocacy groups are opposed to requiring women to register for the draft.
Other provisions common to both bil s would (1) require the SSS to conduct periodic mobilization
exercises and keep the public informed about these exercises and (2) require female representation on
local selection boards. The President has the authority under the MSSA to appoint membership to local
selection boards that would be mobilized in the event of a draft. Current law requires the President ensure
local board membership is to “maximum extent practicable […] proportionately representative of the race
and national origin of those registrants within its jurisdiction.” These provisions would expand
representation by sex.
Currently, those who are required to register and fail to do so by their 26th birthday may be subject to
penalties, unless they are able to provide evidence that they did not knowingly or wil fully fail to register.
Section 513(f) of the House bil would provide a 30-day window following notification of failure to
register for an individual to complete the registration requirement, regardless of the person’s age. The
Biden Administration issued a statement opposing this provision due to concerns that it would remove
incentives for registration. The Senate-introduced bil has no similar provision. Section 513 of the S. 2792
would require the SSS to review processes for adjudicating denial of benefits for those who fail to
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register. Section 512 of the bil would require an SSS review of exemptions from registration, training,
and deferments.
A provision in the Senate-introduced bil , with no House counterpart, would create a senior civilian
position within the Office of the Secretary of Defense, the Executive Agent for National Mobilization.
This individual would be responsible for “developing, managing, and coordinating policy and plans” for
national mobilization and informing the SSS and Congress of plans and resource needs.
Other proposals in the 117th Congress would repeal the MSSA and disestablish the SSS (e.g., H.R. 2509
and S. 1139), or al ow women to elect to register for the draft (H.R. 5392). The FY2022 NDAA does not
include these proposals.
For more, see CRS Report R44452, The Selective Service System and Draft Registration: Issues for
Congress.
Author Information
Kristy N. Kamarck
Specialist in Military Manpower
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff
to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of
Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of
information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role.
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