
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3328]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
            CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT
 
        SUBCHAPTER I--EXAMINATION, CERTIFICATION, AND APPOINTMENT
 
Sec. 3328. Selective Service registration

    (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. App. 453); 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) 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.

(Added Pub. L. 99-145, title XVI, Sec. 1622(a)(1), Nov. 8, 1985, 99 
Stat. 777; amended Pub. L. 100-180, div. A, title XII, Sec. 1249, Dec. 
4, 1987, 101 Stat. 1167.)


                               Amendments

    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.''

                  Section Referred to in Other Sections

    This section is referred to in title 38 section 7403.
