[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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