WASHINGTON, D.C. – A Veterans Administration employee in San Francisco is one step closer to being able to keep his long-standing job today after a key congressional panel approved bi-partisan legislation to provide federal officials greater flexibility to review cases involving failure to properly register for the Selective Service System, according to Rep. George Miller (D-Martinez), the author of the new bill.

Chris Freking, a Hercules resident and a technician at San Francisco Veterans Affairs Medical Center for the last 16 years, has been on the verge of losing his career due to a technicality. All American males are required to register with the Selective Service upon turning 18 years of age. Freking, an American citizen who was born and raised in the Philippines, got into trouble in 2005 when he was up for a promotion. His background check showed that he was not registered for the Selective Service. This issue had come up in 1994 but no action was taken – Freking was allowed to remain employed for 11 years. This time around, the Office of Personnel Management, which oversees federal employment, insisted that Freking must be fired because he had failed to register for the Selective Service.

The VA has admitted that their human resources department was at fault for not completing Mr. Freking’s personnel file according to federal regulations. They also admit that there was never an effort to dismiss Mr. Freking for failure to comply with Selective Service registration regulations. But under current law, OPM is unable to consult with the VA or the Selective Service in order to allow exceptions for certain cases.

Freking’s case was brought to the attention of his local congressman, George Miller. After consulting with each of the three agencies involved, Miller decided to introduce legislation that would allow OPM to consult with Selective Service and with the employing agency and make exceptions. The three agencies support the bill, which was co-sponsored by Rep. Darrel Issa (R-CA). The bill was approved this afternoon by the House Government Oversight and Reform Committee, chaired by Rep. Henry Waxman (D-CA).

Miller’s bill would change the law so that OPM can make exceptions when considering employment or promotions of federal employees when the failure to register for the Selective Service is neither knowing nor willful.

“By the VA’s own admission, Chris Freking is an excellent and highly valued employee,” said Miller. “And federal officials acknowledge that the facts in this case are compelling, that Freking did not intend to violate the law and also made every effort to be in compliance with the law when he learned that he was not.

“At a time of war with new veterans being added to the system every day with serious health and service needs, when we need experienced, qualified people in the VA, it is unthinkable that federal officials are forced to demand that Mr. Freking be fired for a mistake made by the VA,” Miller added. “Christopher Freking has worked for VAMC SF for over 16 years. He has invested in his career. I introduced this bill to help Chris Freking and to ensure that federal officials have the proper flexibility they need for other employees in the future. This bill is in the best interest of our country, our veterans and our military.

“I appreciate the support of my colleague, Mr. Issa, and of the Government Reform Committee, and I look forward to this bill becoming law as quickly as possible,” said Miller. “I also greatly appreciate the cooperation of officials at OPM, the VA and the Selective Service System who have worked with me to help resolve this unfortunate situation.”

Chris Freking was born in the Philippines to an American father. He attended high school and college in the Philippines. He claimed U.S. Citizenship and moved to the United States in 1990. He began volunteering with and was later hired by the Veterans Administration in 1991 in a job setting up and monitoring dialysis machines. At this time the VA failed to verify whether Freking was registered for the Selective Service and Freking did not know he needed to be registered. Most American males find out about the Selective Service in High School or through direct mailings and since Freking went to High School in the Philippines, he was not aware of the requirement. The VA estimates it would cost at least $100,000 to replace Freking.

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