[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR300.701]

[Page 129]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 300_EMPLOYMENT (GENERAL)--Table of Contents
 
 Subpart G_Statutory Bar to Appointment of Persons Who Fail to Register 
                       Under Selective Service Law
 
Sec. 300.701  Statutory requirement.

    Source: 52 FR 7400, Mar. 11, 1987, unless otherwise noted.


    Section 3328 of title 5 of the United States Code provides that--

    (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 of the Federal Government.
    (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.