[Congressional Record Volume 153, Number 189 (Tuesday, December 11, 2007)]
[House]
[Pages H15249-H15250]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RELATING TO SELECTIVE SERVICE REGISTRATION
Mr. DAVIS of Illinois. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 4108) to amend section 3328 of title 5, United
States Code, relating to Selective Service registration, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4108
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SELECTIVE SERVICE REGISTRATION.
Subsection (b) of section 3328 of title 5, United States
Code, is amended to read as follows:
``(b) 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. Such regulations--
``(1) shall include 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) 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; and
``(3) shall provide for exceptions to determinations of
ineligibility under this section to allow for--
``(A) the appointment of an individual who was discharged
or released from active duty in the armed forces under
honorable conditions; and
``(B) the appointment or continued employment of an
individual who has reached 31 years of age.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Illinois (Mr. Davis) and the gentleman from California (Mr. Issa) each
control 20 minutes.
The Chair recognizes the gentleman from Illinois.
General Leave
Mr. DAVIS of Illinois. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days in which to revise and extend their
remarks.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Illinois?
There was no objection.
Mr. DAVIS of Illinois. Mr. Speaker, it is my pleasure to yield such
time as he might consume to the chairman of the Education and Labor
Committee, Chairman Miller from California.
Mr. GEORGE MILLER of California. I thank the gentleman for yielding,
and I want to thank him and the Chair of the committee and Mr. Issa for
all of their work on this legislation.
This legislation was drafted with the help and the cooperation of the
Veterans Administration and the Office of Personnel Management and the
Selective Service.
Current laws governing Federal employment do not draw a very clear
distinction between those who do not register for selective service
through an oversight and those who knowingly and willfully avoid
registering. Under current law, we are lumping sort of the innocent
along with the guilty, and this legislation is an effort by these
agencies to correct what's wrong with this legislation and to make sure
that we can protect those who do this in an unknowing fashion.
The bill sets out to correct this by exempting individuals from
employment ineligibility who failed to register for selective service
but were honorably discharged from active duty in the armed services.
And second, it would allow current Federal employees who are at least
age 31 to remain eligible for Federal employment despite their failure
to register. And this would effectively change the lifetime ban from
employment to a 5-year ban, which would coincide with the statute of
limitations. So there would be the full ability to prosecute those
individuals that we felt wrongfully failed to register for the draft.
This would have a big impact on the caseload, and it would also make
sure
[[Page H15250]]
that we do not deny many of our agencies the talents and the abilities
of individuals who have been caught in this conundrum that has taken
place.
And this has been, after many months of negotiation, and Mr. Issa has
been a vital part of these negotiations with Selective Service, with
the Veterans Administration, and with the Office of Personnel
Management, and I would encourage all of my colleagues to support this
legislation. I think it restores to law the intent for which it was
passed and keeps us from punishing those individuals who are not guilty
of knowingly refusing to register for the draft.
{time} 1430
Mr. ISSA. Mr. Speaker, often the most absurd example is what forces
us to look, and look more carefully, at flaws in our legislation. This
one is a good example. Chris Frecking is a citizen of the United States
who has been employed at the Department of Veterans Affairs Medical
Center in San Francisco for the last 16 years. Mr. Frecking was born in
the Philippines to an American father in 1968 and was sworn in as a
U.S. citizen in 1990. But there lies the rub.
He was sworn in as an American citizen. He came here from the
Philippines after he turned 18 unaware that he should register with the
Selective Service after there was in fact no draft or likelihood of
anyone being called if they did. He failed to do so. He did try,
though, when he discovered that this was a lifetime requirement in
1994. But, in fact, this was not allowed.
This is a gentleman who has been a good citizen, who in fact fell
through the cracks. This legislation today after careful scrutiny in
harmony with many organizations but most importantly at the leadership
of the director of the Selective Service, in fact, makes it possible
for us to continue to urge men to register for the Selective Service
and treats them fairly if, through no fault of their own, they fail to
do so.
I urge the swift passage of this bill. It is good legislation. It
corrects a minor flaw. I join with my colleague from California in
saying that sometimes the best legislation is small and bipartisan but
makes a big difference in people's lives.
I reserve the balance of my time.
Mr. DAVIS of Illinois. Mr. Speaker, I yield 1 additional minute to
the gentleman from California (Mr. George Miller).
Mr. GEORGE MILLER of California. I want to thank my colleague from
California for mentioning Mr. Frecking, because this was a case that
really was just so absurd in how it was being played out because of the
circumstances that he found himself caught in, but more importantly it
also had the potential to deny the veterans service of the VA Hospital
in San Francisco the very skilled talents of this individual. They went
to bat. They recognized that they too had made a mistake, inadvertently
they made a mistake. But they did not want to lose his skill and
talents to our veterans coming through that hospital. And it was really
at their insistence, their concern, that brought this case to the
forefront and allowed us to be able to work it out with the Office of
Personnel Service and Selective Service.
I know as we explained it, we talked about it back and forth, and Mr.
Issa, at first I don't think he thought this could possibly be going
on, but we convinced him that it was, and this is exactly the kind of
case that this legislation is designed to address so we don't harm
these individuals in the manner which was possible for Mr. Frecking.
I thank the gentleman for yielding.
Mr. ISSA. I yield back the balance of my time.
Mr. DAVIS of Illinois. Mr. Speaker, I yield myself such time as I
might consume.
As a Member of the House Committee on Oversight and Government
Reform, I am pleased to join my colleagues in the consideration of H.R.
4108, as amended, a bill to amend title 5, relating to Selective
Service registration.
H.R. 4108 was introduced on November 7, 2007, by Representatives
George Miller and Darrell Issa. The legislation would provide for
exemptions from determinations of ineligibility for Federal employment
for individuals who have not registered with the Selective Service.
Those who have received an honorable discharge from the armed services
who have performed at least 10 years of Federal service would no longer
be deemed ineligible.
Under current law, all males born after December 31, 1959, must
register with the Selective Service by their 26th birthday in order to
be eligible for employment in the Federal Government. An individual who
has not registered with the Selective Service is not eligible for
Federal employment unless he can prove by a preponderance of the
evidence that the failure to register was neither knowing nor willful.
This means that the individual must prove to a high legal standard
that he did not know he was required to register or thought he had
registered. H.R. 4108 would exempt from this requirement individuals
who were honorably discharged from the armed services or who have 10
years of service in the Federal Government.
H.R. 4108 was introduced on November 7, 2007, and referred to the
Committee on Oversight and Government Reform. The committee marked up
the measure on November 8, 2007, and ordered that the bill be reported
by voice vote.
Mr. Speaker, I urge swift passage of this bill.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Illinois (Mr. Davis) that the House suspend the rules
and pass the bill, H.R. 4108, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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