[DOCID: f:hr479.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-479
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AMENDMENT TO SECTION 3328 OF TITLE 5, UNITED STATES CODE, RELATING TO
SELECTIVE SERVICE REGISTRATION
_______
December 10, 2007.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Waxman, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 4108]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 4108) to amend section 3328 of
title 5, United States Code, relating to Selective Service
registration, having considered the same, report favorably
thereon without amendment and recommend that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Legislative History.............................................. 2
Section-by-Section............................................... 2
Explanation of Amendments........................................ 2
Committee Consideration.......................................... 3
Rollcall Votes................................................... 3
Application of Law to the Legislative Branch..................... 3
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 3
Statement of General Performance Goals and Objectives............ 3
Constitutional Authority Statement............................... 3
Federal Advisory Committee Act................................... 3
Unfunded Mandate Statement....................................... 3
Earmark Identification........................................... 4
Committee Estimate............................................... 4
Budget Authority and Congressional Budget Office Cost Estimate... 4
Changes in Existing Law Made by the Bill, as Reported............ 5
Additional Views................................................. 7
Purpose and Summary
H.R. 4108, a bill to amend section 3328 of title 5, U.S.C.,
relating to Selective Service registration, was introduced on
November 7, 2007, by Reps George Miller and Darrell Issa. The
legislation would provide for exemptions from determinations of
ineligibility for federal employment for individuals who have
received an honorable discharge from the armed services or who
have performed at least ten years of federal service.
Background and Need for Legislation
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 honorable discharged from the armed
services or who have 10 years of service in the federal
government.
Legislative History
H.R. 4108, a bill to amend section 3328 of title 5, U.S.C.,
relating to Selective Service registration, was introduced on
November 7, 2007, and referred to the Committee on Oversight
and Government Reform. The Committee held a markup to consider
H.R. 4108 on November 8, 2007, and ordered the bill to be
reported by voice vote. During the markup, the Chairman and
other members of the Committee agreed to consider changes to
the legislation suggested by the Director of the Selective
Service System.
Section-by-Section
Section 1. Selective Service Registration
Section 1 of the bill amends section 3328 of title 5 to
require the Office of Personnel Management to prescribe
regulations which provide for exceptions to determinations of
ineligibility for federal employment due to a failure to
register with the Selective Service for individuals who have
received an honorable discharge from the armed services or who
have performed at least 10 years of federal service. The bill
also makes certain technical drafting changes to this section
of existing law.
Explanation of Amendments
No amendments to this bill were offered in the Committee,
however a manager's amendment incorporating suggestions from
the Director of the Selective Service System may be considered
when the bill is considered in the House.
Committee Consideration
On Thursday, November 8, 2007, the Committee ordered the
bill reported to the House by a voice vote.
Rollcall Votes
No rollcall votes were taken on this legislation.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
Amendments made by this bill would apply only to executive
branch employees. As such this bill does not relate to the
legislative branch.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are reflected in the descriptive portions
of this report, and include enhancing the efficiency of the
federal government.
Constitutional Authority Statement
Under clause 3(d)(1) of rule XIII of the Rules of the House
of Representatives, the Committee must include a statement
citing the specific powers granted to Congress to enact the law
proposed by H.R. 4108. Article I, section 8, clause 18 of the
Constitution of the United States grants the Congress the power
to enact this law.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., section 5(b).
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4) requires a statement whether
the provisions of the reported bill include unfunded mandates.
In compliance with this requirement the Committee has received
a letter from the Congressional Budget Office included herein.
Earmark Identification
H.R. 1255 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e), or 9(f) of rule XXI.
Committee Estimate
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 4108. However, clause 3(d)(3)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for H.R. 4108 from the Director of
Congressional Budget Office:
November 15, 2007.
Hon. Henry A. Waxman,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4108, a bill to
amend section 3328 of title 5, United States Code, relating to
Selective Service registration.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Peter R. Orszag.
Enclosure.
H.R. 4108--A bill to amend section 3328 of title 5, United States Code,
relating to Selective Service registration
H.R. 4108 would amend current law and regulations regarding
federal employment and the requirement to register with the
Selective Service System. The Selective Service is a system for
identifying candidates for compulsory military service. Under
current law, all males born after December 31, 1959, must
register with the Selective Service by their 26th birthday to
be eligible for federal employment. Individuals employed by the
federal government who have not registered with the Selective
Service may be terminated from federal employment unless
granted a waiver by the Office of Personnel Management (OPM).
H.R. 4108 would allow certain employees who failed to
register with the Selective Service to continue their federal
employment. Specifically, federal employees who did not
register with the Selective Service but were honorably
discharged from military service would not be terminated, nor
would federal employees with at least 10 years of exemplary
government service.
Information from OPM indicates that only a small number of
employees are identified as unregistered with the Selective
Service in the course of their employment with the federal
government. Thus, CBO estimates that enacting this legislation
would have no significant impact on the federal budget. H.R.
4108 contains no intergovernmental or private-sector mandates
as defined in the Unfunded Mandates Reform Act and would not
affect the budgets of state, local, or tribal governments.
The CBO staff contact for this estimate is Matthew
Pickford. This estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART B--EMPLOYMENT AND RETENTION
* * * * * * *
CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT
* * * * * * *
SUBCHAPTER I--EXAMINATION, CERTIFICATION, AND APPOINTMENT
* * * * * * *
Sec. 3328. Selective Service registration
(a) * * *
[(b) 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 shall
include provisions prescribing procedures for the adjudication
of determinations of whether a failure to register was knowing
and willful. Such procedures shall require that 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. Such procedures 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.]
(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 continued employment of an
individual, notwithstanding an appointment for
which such individual was ineligible under
subsection (a), if--
(i) such individual has performed at
least 10 years of civilian service with
1 or more Executive agencies;
(ii) such individual's most recent
performance rating was at least fully
successful (or the equivalent); and
(iii) the employing agency determines
that such individual's continued
employment would be in the best
interests of the Government.
* * * * * * *
ADDITIONAL VIEWS OF CHAIRMAN WAXMAN, RANKING MEMBER TOM DAVIS, AND REP.
DARRELL ISSA
Immediately prior to the business meeting held to consider
H.R. 4801, the Selective Service System sent the Committee
suggestions to improve the bill. While there was not time to
incorporate these suggestions into the bill reported by the
Committee, the Chairman and other members agreed to further
consider the suggestions as the bill moved forward in the
legislative process.
As passed by the Committee, the bill would require the
Office of Personnel Management to prescribe regulations which
would provide for exceptions to determinations of ineligibility
for federal employment due to a failure to register with the
Selective Service for individuals who have performed at least
ten years of federal service. As suggested by the Selective
Service System, the manager's amendment to the bill will delete
this requirement and instead provide for an exemption for
individuals who have reached 31 years of age.
The Selective Service notes that the primary purpose of 5
U.S.C. 3328 was to improve the effectiveness of the Selective
Service registration system. It is the position of the
Selective Service that the existing lifelong ban on federal
employment for individuals who failed to register and are
unable to show that their failure was not knowing and willful
serves no useful registration purpose or any public policy
benefit. The Selective Service believes that limiting the ban
to five years after the age an individual is no longer legally
able to register (age 26) would have no tangible impact on its
registration compliance program. This limit would also coincide
with the statute of limitations for prosecuting an individual
for failure to register (age 31). The proposed manager's
amendment would also alleviate the administrative burden that
has been placed on the Office of Personnel Management to
adjudicate claims of job applicants and current employees.
Henry A. Waxman.
Tom Davis.
Darrell E. Issa.
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