§ 3811.
(b)
Making or possession of false identification or representation; forgery, destruction, or mutilation of certificate; knowing violation or evasion of provisions
(f)
Assistance provided under title IV of the Higher Education Act of 1965; failure to register; statement of compliance
(1)
Except as provided in subsection (g), any person who is required under
section 3802 of this title to present himself for and submit to registration under such section and fails to do so in accordance with any proclamation issued under such section, or in accordance with any rule or regulation issued under such section, shall be ineligible for any form of assistance or benefit provided under title IV of the Higher Education Act of 1965 [
20 U.S.C. 1070 et seq.].
(2)
In order to receive any grant, loan, or work assistance under title IV of the Higher Education Act of 1965 (
20 U.S.C. 1070 et seq.), a person who is required under
section 3802 of this title to present himself for and submit to registration under such section shall file with the institution of higher education which the person intends to attend, or is attending, a statement of compliance with
section 3802 of this title and regulations issued thereunder.
(3)
The Secretary of Education, in agreement with the Director, shall prescribe methods for verifying such statements of compliance filed pursuant to paragraph (2). Such methods may include requiring institutions of higher education to provide a list to the Secretary of Education or to the Director of persons who have submitted such statements of compliance.
(4)
The Secretary of Education, in consultation with the Director, shall issue regulations to implement the requirements of this subsection. Such regulations shall provide that any person to whom the Secretary of Education proposes to deny assistance or benefits under title IV [
20 U.S.C. 1070 et seq.] for failure to meet the registration requirements of
section 3802 of this title and regulations issued thereunder shall be given notice of the proposed denial and shall have a suitable period (of not less than thirty days) after such notice to provide the Secretary with information and materials establishing that he has complied with the registration requirement under
section 3802 of this title. Such regulations shall also provide that the Secretary may afford such person an opportunity for a hearing to establish his compliance or for any other purpose.
(g)
Failure to register; termination or inapplicability of requirement; absence of knowledge and willfulness
A person may not be denied a right, privilege, or benefit under Federal law by reason of failure to present himself for and submit to registration under
section 3802 of this title if—
(1)
the requirement for the person to so register has terminated or become inapplicable to the person; and
(2)
the person shows by a preponderance of the evidence that the failure of the person to register was not a knowing and willful failure to register.
([June 24, 1948, ch. 625], title I, § 12, [62 Stat. 622]; [Pub. L. 89–152], Aug. 30, 1965, [79 Stat. 586]; [Pub. L. 90–40, § 1(11)], June 30, 1967, [81 Stat. 105]; [Pub. L. 92–129, title I, § 101(a)(31)], Sept. 28, 1971, [85 Stat. 352]; [Pub. L. 97–86, title IX, § 916(b)], Dec. 1, 1981, [95 Stat. 1129]; [Pub. L. 97–252, title XI, § 1113(a)], Sept. 8, 1982, [96 Stat. 748]; [Pub. L. 98–620, title IV, § 402(54)], Nov. 8, 1984, [98 Stat. 3361]; [Pub. L. 99–661, div. A, title XIII, § 1366], Nov. 14, 1986, [100 Stat. 4002].)