Page:United States Statutes at Large Volume 99 Part 1.djvu/799

 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 777

(2) The Selective Service registration program is an important signal to our allies and to our potential adversaries of the United States defense commitment. (3) Since the resumption of selective service registration, more than 13,500,000 young men have registered with Selective Service. (b) SENSE OF CONGRESS.—In view of these findings, it is the sense of Congress that the President should recognize, by Presidential proclamation, the contribution of our young men to the success of the peacetime registration program. SEC. 1622. PROHIBITION ON CIVIL SERVICE EMPLOYMENT OF PERSONS WHO FAIL TO REGISTER UNDER THE MILITARY SELECTIVE SERVICE ACT

(a) IN GENERAL.—(1) Subchapter I of chapter 33 of title 5, United States Code, is amended by adding at the end thereof the following new section: "§ 3328. Selective Service registration "(a) An individual— "(1) who was born after December 31, 1959, and is or was required to register under section 3 of the Military Selective Service Act (50 U.S.C. App. 453); and "(2) who is not so registered or knowingly and willfully did not so register before the requirement terminated or became inapplicable to the individual, shall be ineligible for appointment to a position in an Executive agency. "(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 within the Office 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.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3327 the following new item:

5 USC 3328.

"3328. Selective Service registration.".

(b) REPORT.—(1) The Office of Personnel Management shall submit to Congress a report— (A) as to whether it is practicable to apply section 3328 of title 5, United States Code (as added by subsection (a)), to persons Supra. born before January 1, 1960; and (B) on the relative costs and benefits of corroborating registration of individuals under the Military Selective Service Act for 50 USC app. 451. the purposes of that section on a spot-check basis or on an individual basis. (2) The report shall be submitted not later than February 1, 1986.

�