II 110th CONGRESS 2d Session H. R. 7216 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.

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. Lorraine C. Miller, Clerk.