[Congressional Record Volume 154, Number 157 (Monday, September 29, 2008)]
[House]
[Pages H10625-H10626]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               RELATING TO SELECTIVE SERVICE REGISTRATION

  Mr. TOWNS. Madam Speaker, I ask unanimous consent that the Committee 
on Oversight and Government Reform be discharged from further 
consideration of the bill (H.R. 7216) to amend section 3328 of title 5, 
United States Code, relating to Selective Service registration, and ask 
for its immediate consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  The text of the bill is as follows:

                               H.R. 7216

       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--

[[Page H10626]]

       ``(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 readjudicated in accordance with such 
     regulations as so prescribed.

  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

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