[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7216 Received in Senate (RDS)]

  2d Session
                                H. R. 7216


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                   IN THE SENATE OF THE UNITED STATES

           September 30 (legislative day, September 17), 2008

                                Received

_______________________________________________________________________

                                 AN ACT


 
   To amend section 3328 of title 5, United States Code, relating to 
                    Selective Service registration.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SELECTIVE SERVICE REGISTRATION.

    (a) In General.--Section 3328 of title 5, United States Code, is 
amended by striking subsection (b) and inserting the following:
    ``(b)(1) Except as provided in subsection (c), the Director of the 
Office of Personnel Management, in consultation with the Director of 
the Selective Service System, shall prescribe regulations to carry out 
this section.
    ``(2) Such regulations--
            ``(A) shall provide for exceptions to determinations of 
        ineligibility under this section to allow for the appointment 
        of an individual who was discharged or released from active 
        duty in the armed forces under honorable conditions; and
            ``(B) 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.
    ``(c)(1) The Director of the Selective Service System, in 
consultation with the Director of the Office of Personnel Management, 
shall prescribe procedures--
            ``(A) for the adjudication of determinations of whether a 
        failure to register was knowing and willful; and
            ``(B) under which 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) The procedures under paragraph (1) may provide that 
determinations referred to in paragraph (1)(A) shall be adjudicated by 
the Executive agency making the appointment for which the eligibility 
is determined.''.
    (b) Regulations.--Not later than 60 days after the date of 
enactment of this Act, the Director of the Selective Service System, in 
consultation with the Director of the Office of Personnel Management, 
shall prescribe regulations under section 3328(c) of title 5, United 
States Code, as added by subsection (a) of this section.
    (c) Readjudication of Determinations.--Any individual whose case 
was or is adjudicated under section 3328(b) of title 5, United States 
Code, during the period beginning on February 21, 2007, through the 
date on which the regu1ations are prescribed or amended under 
subsection (b) of this section are in effect, and whose case involve a 
determination of whether a failure to register was knowing and willful, 
may have his or her case readju-


              

dicated in accordance with such regulations as so prescribed.

            Passed the House of Representatives September 29, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.