Title 5, Government Organization and EmployeesRelease 119-110

§3328 Selective Service Registration

Title 5 › PART III — EMPLOYEES › Subpart B — Employment and Retention › CHAPTER 33 — EXAMINATION, SELECTION, AND PLACEMENT › SUBCHAPTER I — EXAMINATION, CERTIFICATION, AND APPOINTMENT › § 3328

Last updated Sep 22, 2026|Official source

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 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

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,
shall be ineligible for appointment to a position in an Executive agency.
(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.

Legislative History

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.”

Reference

Citations & Metadata

Citation

5 U.S.C. § 3328

Title 5, Government Organization and Employees

Last Updated

Sep 22, 2026

Release point: 119-110