§ 3328. Selective Service registration

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1985

   Department of Defense Authorization Act, 1986

   Pub. L. 99–145 title XVI § 1622(a)(1) · 99 Stat. 583

   Enacted · 5 U.S.C. § 3328

   Added Pub. L. 99–145, title XVI, § 1622(a)(1), Nov. 8, 1985, 99 Stat. 777

   Source evidence

   Code source credit
   Added Pub. L. 99–145, title XVI, § 1622(a)(1), Nov. 8, 1985, 99 Stat. 777

   Enacted provision · exact public law section
   (1) Subchapter I of chapter 33 of title 5, United States Code, is amended by adding at the end thereof the following new section: “§ 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 within the Office 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.”.

2. 1987

   National Defense Authorization Act for Fiscal Years 1988 and 1989

   Pub. L. 100–180 div. A title XII § 1249 · 101 Stat. 1019

   Struck and inserted · 5 U.S.C. § 3328(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   SEC. 1249. ADJUDICATION OF INELIGIBILITY FOR A JOB WITH THE FEDERAL GOVERNMENT ON THE BASIS OF FAILURE TO REGISTER UNDER THE MILITARY SELECTIVE SERVICE ACT Section 3328(b) of title 5, United States Code, is amended— (1) by striking out “within the Office” in the second sentence; (2) by inserting after the third sentence the following: “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.”.

3. 2024

   Pub. L. 118–159 § 1108(1) · 138 Stat. 2089

   Substituted · 5 U.S.C. § 3328(a)(1)

   Pub. L. 118–159, § 1108(1), substituted “(50 U.S.C. 3802)” for “(50 U.S.C. App. 453)”

   Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 118–159, § 1108(1), substituted “(50 U.S.C. 3802)” for “(50 U.S.C. App. 453)”.

4. 2024

   Pub. L. 118–159 § 1108(2) · 138 Stat. 2089

   1. Added · 5 U.S.C. § 3328(b); 5 U.S.C. § 3328(c)

      Pub. L. 118–159, § 1108(2), (3), added subsec. (b)

   2. Redesignated · 5 U.S.C. § 3328(b); 5 U.S.C. § 3328(c)

      Pub. L. 118–159, § 1108(2), (3), redesignated former subsec. (b) as (c)

   Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsecs. (b), (c). Pub. L. 118–159, § 1108(2), (3), added subsec. (b) and redesignated former subsec. (b) as (c).

5. 2024

   Pub. L. 118–159 § 1108(4) · 138 Stat. 2089

   Added · 5 U.S.C. § 3328(d)

   Pub. L. 118–159, § 1108(4), added subsec. (d)

   Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 118–159, § 1108(4), added subsec. (d).

2 of 6 references resolved to an enrolled provision · 4 unresolved