Title 5 › PART III — EMPLOYEES › Subpart B — Employment and Retention › CHAPTER 33 — EXAMINATION, SELECTION, AND PLACEMENT › SUBCHAPTER I — EXAMINATION, CERTIFICATION, AND APPOINTMENT › § 3328
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 did not register, or who knowingly and willfully failed to register before the requirement ended or no longer applied to them, cannot be appointed to jobs in Executive agencies. The rule does not apply to people who are veterans, people who give proof of active duty service to the hiring agency, or people for whom the registration duty ended or no longer applies because of their age. The Office of Personnel Management, with the Selective Service Director, must make rules to carry this out. The rules must include steps for deciding whether a failure to register was knowing and willful. An agency cannot decide it was knowing and willful if the person shows, by more likely than not, that it was not. Agencies may be allowed to make these eligibility decisions. The words “active duty” and “veteran” have the meanings given in section 101 of title 38.
Full Legal Text
Government Organization and Employees, Source: USLM XML via OLRC
Legislative History
Reference
Citation
5 U.S.C. § 3328
Title 5, Government Organization and Employees
Last Updated
Sep 22, 2026
Release point: 119-110