§3328 — Title 5 Government Organization and Employees | U.S. Code

Summary

People born after December 31, 1959 who were required to register under section 3 of the Military Selective Service Act (50 U.S.C. 3802) but are not registered, or who knowingly and willfully failed to register before the rule stopped applying to them, generally are not eligible for federal appointment or hire. The rule does not apply if the person is a veteran, gives the hiring agency proof of active duty service, and the duty to register ended because of age. The Office of Personnel Management, with the Selective Service System, must make rules to carry this out. The rules must explain how to decide if someone’s failure to register was knowing and willful. A finding of failure cannot be made if the person shows, by more likely-than-not evidence, that they did not know and did not willfully fail to register. OPM may let the hiring agency decide eligibility. "Active duty" and "veteran" have the meanings in section 101 of title 38.

Title 5, §3328

Government Organization and Employees — Source: USLM XML via OLRC

(a)An individual—

(1)who was born after December 31, 1959, and is or was required to register under section 3 of the Military Selective Service Act (50 U.S.C. 3802) and

(2)who is not so registered or knowingly and willfully did not so register before the requirement terminated or became inapplicable to the individual,

(b)Subsection (a) shall not apply to an individual—

(1)who is a veteran;

(2)who provides evidence of active duty service to the Executive agency in which the individual seeks an appointment; and

(3)for whom the requirement to register under section 3 of the Military Selective Service Act (50 U.S.C. 3802) has terminated or is now inapplicable due to age.

(c)The Office of Personnel Management, in consultation with the Director of the Selective Service System, shall prescribe regulations to carry out this section. Such regulations shall include provisions prescribing procedures for the adjudication of determinations of whether a failure to register was knowing and willful. Such procedures shall require that such a determination may not be made if the individual concerned shows by a preponderance of the evidence that the failure to register was neither knowing nor willful. Such procedures may provide that determinations of eligibility under the requirements of this section shall be adjudicated by the Executive agency making the appointment for which the eligibility is determined.

(d)In this section, the terms “active duty” and “veteran” have the meaning given those terms in section 101 of title 38.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2024—Subsec. (a)(1). Pub. L. 118–159, § 1108(1), substituted “(50 U.S.C. 3802)” for “(50 U.S.C. App. 453)”. Subsecs. (b), (c). Pub. L. 118–159, § 1108(2), (3), added subsec. (b) and redesignated former subsec. (b) as (c). Subsec. (d). Pub. L. 118–159, § 1108(4), added subsec. (d). 1987—Subsec. (b). Pub. L. 100–180 struck out “within the Office” after “for the adjudication” in second sentence and inserted at end “Such procedures may provide that determinations of eligibility under the requirements of this section shall be adjudicated by the Executive agency making the appointment for which the eligibility is determined.”

§3328 Selective Service registration

Summary

Title 5, §3328

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata