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

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

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.

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. 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.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks.

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. Speaker, I yield 1 additional minute to the gentleman from California (Mr. George Miller).

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.

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.

I yield back the balance of my time.