INSIGHTi

FY2022 NDAA: Selective Service and Draft
Registration
Updated December 15, 2021
Background
The House passed a Fiscal Year 2022 National Defense Authorization Act (FY2022 NDAA, H.R. 4350)
on September 23, 2021. The Senate version of the bill (S. 2792) was reported by the Senate Armed
Services Committee (SASC) on July 21, 2021. On December 7, 2021, the House and Senate Armed
Services Committees released the text of a negotiated agreement (“bicameral agreement”, S. 1605) based
on the two versions of the bill. The House passed the bicameral agreement on the same day.
Several provisions introduced as part of the FY2022 NDAA process 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, all 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. While legislative proposals have been introduced to require
women to register, none of these have been enacted. Knowingly or willfully 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 last expired on July 2, 1973,
preceding the transition to an all-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. If Congress and the President reinstated the draft induction authority, some
deferments and exemptions, including religious exemptions would apply under current law. The SSS
manages the registration requirement and mobilization planning with an annual budget of about $26
million.
Congressional Research Service
https://crsreports.congress.gov
IN11780
CRS INSIGHT
Prepared for Members and
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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 bill appear in the FY2022 NDAA (see Table 1).
Table 1. FY2022 NDAA Legislative Proposals
Senate Armed Services
House-passed (H.R. 4350)
Committee (S. 2792)
Bicameral Agreement (S. 1605)
Section 513 would amend the MSSA to
Section 511 would
Sections 513 (House) and 511 (Senate)

were not adopted.

require women to register for the

require women to register for the
Selective Service;
Selective Service,

ensure female representation on

ensure female representation on
local selection boards;
local selection boards, and

require the SSS to conduct

require the SSS to conduct
periodic mobilization exercises
periodic mobilization exercises
including a public awareness
including a public awareness
campaign; and
campaign.

provide a 30-day notification

window to complete registration.
No similar provision
Section 512 would require the SSS
Section 529 includes the Senate
Director to conduct a review of
provision with a technical amendment
exemptions and deferments from
that removes a reference to Section
registration, training, and service and
511 of S. 2792 that was not adopted.
report to Congress on proposed
revisions.
No similar provision
Section 513 would require the SSS
Section 529A includes the Senate
Director to report on processes and
provision.
procedures for appeal of denial of
benefits for failure to register.
Section 1076 would require the
Section 514 would require the
Section 1089 includes the Senate
Secretary of Defense to establish
Secretary of Defense to designate a
provision.
within the Office of the Secretary of
senior civilian official as the “Executive
Defense an Executive Agent for
Agent for National Mobilization,”
National Mobilization responsible for
responsible for mobilization readiness
mobilization readiness and
and congressional reporting.
congressional reporting.
Section 1074 would require annual
Section 515 is a similar provision
Section 527 includes the Senate
mobilization exercises to include SSS
provision and requires a congressional
processes in preparation for the
briefing on the first mobilization
induction of personnel into the Armed
exercise under this authority.
Forces under the MSSA.
Source: Congressional Research Service
Note: S. 1605 is the FY2022 NDAA proposal negotiated by leaders of the House Armed Services Committee (HASC) and
the Senate Armed Services Committee (SASC).
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

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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.” The Biden Administration and some women’s and men’s advocacy groups support
expanding registration requirements. Other advocacy groups are opposed to requiring women to register
for the draft. Similar provisions in the House-passed and Senate-introduced bills (Sections 513 and 511,
respectively) would have expanded SSS registration requirements to women. These provisions were not
included in the bicameral agreement (S. 1605).
Other provisions common to both bills (Sections 513 and 511) that 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 were not included in the bicameral agreement.
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 willfully fail to register. Section
513(f) of the House bill 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 bill has no similar provision and this proposal was not
included in the bicameral agreement.
Section 512 of the Senate-introduced bill would require an SSS review of exemptions from registration,
training, and deferments. Section 513 would require the SSS to review processes for adjudicating denial
of benefits for those who fail to register. These provisions were adopted (Sections 529 and 529A,
respectively) in the bicameral agreement.
Section 1089 in the bicameral agreement adopts a Senate proposal (Section 514) that would require the
Secretary of Defense to designate a senior civilian within the Office of the Secretary of Defense as the
Executive Agent for National Mobilization, responsible for “developing, managing, and coordinating
policy and plans” for national mobilization. Section 527 of the bicameral agreement adopts similar
provisions from the House and Senate bills that would amend 10 U.S.C. §10208 to include SSS induction
preparation exercises in annual DOD mobilization simulations. This provision would also require a
briefing and report following DOD’s first exercise.
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

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