U.S. Code » Title 5 » Part PART III— EMPLOYEES › Subpart Subpart B— Employment and Retention › Chapter CHAPTER 33— EXAMINATION, SELECTION, AND PLACEMENT › Subchapter SUBCHAPTER I— EXAMINATION, CERTIFICATION, AND APPOINTMENT

5 U.S.C. § 3328

Selective Service registration

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(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.(Added Pub. L. 99–145, title XVI, § 1622(a)(1), Nov. 8, 1985, 99 Stat. 777; amended Pub. L. 100–180, div. A, title XII, § 1249, Dec. 4, 1987, 101 Stat. 1167; Pub. L. 118–159, div. A, title XI, § 1108, Dec. 23, 2024, 138 Stat. 2089.)Editorial NotesAmendments

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.”

Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 1994–2022 · leading case: Elgin v. Dep't of the Treasury, 132 S. Ct. 2126 (2012).
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Elgin v. Dep't of the Treasury, 132 S. Ct. 2126 (2012). · cites it 4× “Another federal statute, 5 U. S. C. §3328 (hereinafter Section 3328), bars from employment by an Executive agency anyone who has knowingly and willfully failed to register.”
Elgin v. U.S. Dep't of the Treasury, 641 F.3d 6 (1st Cir. 2011). · cites it 6× “5 U.S.C. § 3328 (a) (2006). [1] Section 3 of the Military Selective Service Act, 62 Stat.”
Elgin v. United States, 697 F. Supp. 2d 187 (D. Mass. 2010). · cites it 13× “residents who lost or were denied employment positions in federal agencies, pursuant to 5 U.S.C. § 3328 , for having failed to register for military service with the Selective Service System as required by federal law.”
Nicholls v. United States Off. of Pers. Mgmt., 863 F. Supp. 2d 4 (D.D.C. 2012). · cites it 5× “See 5 U.S.C. § 3328 . Plaintiff Leah Nicholls is seeking records that concern the Government’s treatment of people under this statute.”
Bebo v. Sec. & Exch. Comm'n, 799 F.3d 765 (7th Cir. 2015). “(Another federal statute, 5 U.S.C. § 3328 , bars from employment by an executive agency anyone who has knowingly and willfully failed to register.”
Henry v. Sec'y of Dep't of Treasury, 266 F. Supp. 3d 80 (D.D.C. 2017). “Second, plaintiff argues that • the IRS’s decision was arbitrary and capricious because the IRS “fail[ed] to adjudicate” or properly investigate whether plaintiffs failure to register for the Selective Service was “knowing or willful.”
Samuel F. Vesser, Jr. v. Off. of Pers. Mgmt., 29 F.3d 600 (Fed. Cir. 1994). “Merits The gravamen of this appeal is the proper interpretation of the statutory provision, 5 U.S.C. § 3328 (b)(1), and whether, when considering 5 U.”
Davis v. Billington, 51 F. Supp. 3d 97 (D.D.C. 2014). “The petitioners were thus discharged by their federal agency employers pursuant to 5 U.S.C. § 3328 , which “bars from employment by an Executive agency anyone who has knowingly and willfully failed to register” under the Military Selective Service Act.”
Wigton v. Berry, 949 F. Supp. 2d 616 (W.D. Pa. 2013). “The Elgin plaintiffs were a group of male federal employees who had challenged in district court their discharges on the grounds that they had failed to register for the Selective Service as required by 5 U.S.C. § 3328 and 50 U.S.C. § 453 , arguing that § 3328 was an…”
Morris & Dickson Co. v. Whitaker, 360 F. Supp. 3d 434 (W.D. La. 2018). “2126 (citing 5 U.S.C. § 3328 ). Seeking reinstatement and backpay, they filed suit in district court, where they alleged that the selective-service requirement violated the Equal Protection Clause and constituted a bill of attainder.”
Elgin v. United States, 594 F. Supp. 2d 133 (D. Mass. 2009). · cites it 6× “A separate federal statute, 5 U.S.C. § 3328 (a)(2), provides that men who knowingly and willfully fail to register under the MSSA are ineligible for employment by a federal executive agency.”
Special Couns. ex rel. Vincent Cefalu v. Dep't of Just. (MSPB 2014). · cites it 2× “Elgin had filed an appeal to the Board challenging his removal from federal service, effected pursuant to 5 U.S.C. § 3328 , which bars individuals from federal employment who knowingly and willfully fail to register for the Selective Service.”
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