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5 U.S.C. § 3328 — Selective Service registration

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 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. 3802](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3802&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3802&num=0&edition=prelim)) 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 mea

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Source location: Title 5, Chapter 33, § 3328; chapter-033-examination-selection-and-placement.md

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 101 — Definitions

For the purposes of this title— (1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively. (2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable. (3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried. (4) (A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and— (i) who is under the age of eighteen years; (ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or (iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution; and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3802 — Registration

**(a)** Except as otherwise provided in this chapter it shall be the duty of every male citizen of the United States, and every other male person residing in the United States, who, on the day or days fixed for the first or any subsequent registration, is between the ages of eighteen and twenty-six, to present himself for and submit to registration at such time or times and place or places, and in such manner, as shall be determined by proclamation of the President and by rules and regulations prescribed hereunder. The provisions of this section shall not be applicable to any alien lawfully admitted to the United States as a nonimmigrant under [section 1101(a)(15) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15&num=0&edition=prelim), for so long as he continues to maintain a lawful nonimmigrant status in the United States. **(b)** Regulations prescribed pursuant to subsection (a) may require that persons presenting themselves for and submitting to registration under this section provide, as part of such registration, such identifying information (including date of birth, address, and social security account number) as such regulations may prescribe.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3328 — Selective Service registration

Page 403 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3329 1 See References in Text note below. of difficulty and responsibility of work, attendance, awards and commendations, and performance rating, was repealed by Pub. L. 91–375, § 6(c)(7)(A), Aug. 12, 1970, 84 Stat. 776. See section 1001 of Title 39, Postal Service. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Oct. 13, 1978, see sec- tion 907 of Pub. L. 95–454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title. § 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. 3802) and (2) who is not so registered or knowingly and willfully did not so register before the require- ment 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 indi- vidual— (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 Serv- ice 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 in- clude provisions prescribing procedures for the adjudication of determinations of whether a fail- ure to register was knowing and willful. Such procedures shall require that such a determina- tion may not be made if the individual

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3802 — Registration

Page 946 TITLE 50—WAR AND NATIONAL DEFENSE § 3802 classification] or the application thereof to any person or circumstances is held invalid, the validity of the re- mainder of the Act and of the application of such provi- sion to other persons and circumstances shall not be af- fected thereby.’’ § 3802. Registration (a) Except as otherwise provided in this chap- ter it shall be the duty of every male citizen of the United States, and every other male person residing in the United States, who, on the day or days fixed for the first or any subsequent reg- istration, is between the ages of eighteen and twenty-six, to present himself for and submit to registration at such time or times and place or places, and in such manner, as shall be deter- mined by proclamation of the President and by rules and regulations prescribed hereunder. The provisions of this section shall not be applicable to any alien lawfully admitted to the United States as a nonimmigrant under section 1101(a)(15) of title 8, for so long as he continues to maintain a lawful nonimmigrant status in the United States. (b) Regulations prescribed pursuant to sub- section (a) may require that persons presenting themselves for and submitting to registration under this section provide, as part of such reg- istration, such identifying information (includ- ing date of birth, address, and social security ac- count number) as such regulations may pre- scribe. (June 24, 1948, ch. 625, title I, § 3, 62 Stat. 605; June 19, 1951, ch. 144, title I, § 1(c), 65 Stat. 76; Pub. L. 92–129, title I, § 101(a)(2), Sept. 28, 1971, 85 Stat. 348; Pub. L. 97–86, title IX, § 916(a), Dec. 1, 1981, 95 Stat. 1129.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the origina

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