Executive Order 10344—Prescribing or Amending Portions of the Selective Service Regulations

By virtue of the authority vested in me by Title I of the Universal Military Training and Service Act (62 Stat. 604), as amended, it is ordered as follows:

1. I hereby prescribe the following portion of the regulations governing the administration of Title I of the said Act, as amended, which shall constitute a portion of Part 1655 of Chapter XVI of Title 32 of the Code of Federal Regulations, and a portion of the Selective Service Regulations:

PART 1655-REGISTRATION OF UNITED STATES CITIZENS OUTSIDE OF THE UNITED STATES AND CLASSIFICATION OF SUCH REGISTRANTS

GENERAL

Sec.

1655.1 Applicability of regulations in this part.

REGISTRATION

1655.2 Duty to register.

1655.3 Appointment of registrars.

1655.4 Completion and disposition of Registration Questionnaire-Foreign (SSS Form No. 50).

1655.5 District of Columbia Local Board No. 100 (Foreign).

1655.6 Records to be completed by local board receiving Registration Questionnaire-Foreign (SSS Form No. 50) and assignment of selective service number.

CLASSIFICATION

1655.10 Preparation for classification.

1655.11 Classification.

APPEALS

1655.20 Additional time for taking appeals.

GENERAL

§ 1655.1 Applicability of regulations in this part. The registration of citizens of the United States outside of the United States not previously registered and the classification of registrants who are outside of the United States shall be governed by the provisions of the regulations in this part and the provision of such other regulations in this chapter as are not in conflict with the provisions of this part.

REGISTRATION

§ 1655.2 Duty to register. (a) Unless he is a person excepted from registration by section 6(a) of title I of the Universal Military Training and Service Act, as amended, every male citizen of the United States outside of the several States of the United States, the District of Columbia, the Territory of Alaska, the Territory of Hawaii, Puerto Rico, the virgin Islands, Guam, and the Canal Zone who has not been registered and who on July 31, 1952, shall have attained or who thereafter attains the eighteenth anniversary of the day of his birth and who on July 31, 1952, shall have not attained the twenty-sixth anniversary of the day of his birth, shall, on the day or days fixed by Proclamation of the president, present himself for and submit to registration before-

(1) Any diplomatic or consular officer of the United States who is a citizen of the United States, all of whom are hereby appointed chief registrars; or

(2) Any other person who may be appointed by the Director of Selective Service as chief registrar; or

(3) Any registrar appointed as provided in § 1655.3.

(b) Any person subject to registration under the provisions of this section who, because of circumstances over which he has no control, is prevented from presenting himself for and submitting to registration on the day or any of the days and in the manner required by the Proclamation of the President, shall present himself for and submit to registration immediately upon its becoming possible for him to do so.

§ 1655.3 Appointment of registrars. Any chief registrar is authorized to appoint any reliable citizen of the United States as a registrar. Whenever necessary such appointment may be made by mail. Before entering upon his duties, every person appointed as chief registrar or as registrar shall sign the oath of office portion of the Oath of Office and Waiver of Pay or Compensation-Foreign (SSS Form No. 450) and, unless he is in the employ of the United States, also shall sign the waiver of pay or compensation portion of that form. When so signed, the Oath of Office and Waiver of Pay or Compensation-Foreign (SSS Form No. 450) shall be transmitted to the Director of Selective Service.

§ 1655.4 Completion and disposition of Registration Questionnaire-Foreign (SSS Form No. 50). (a) Each person who presents himself for registration under the provisions of the regulations in this part shall be registered on a Registration Questionnaire-Foreign (SSS Form No. 50) which shall be completed by the registrar. Each such person who is registered shall designate for entry on line 2 of his Registration Questionnaire-Foreign (SSS Form No. 50) the address of his place of residence within any of the several States of the United States, the District of Columbia, the Territory of Alaska, the Territory of Hawaii, Puerto Rico, the Virgin Islands, Guam, or the Canal Zone or, if he does not have a place of residence in any of such areas, he may nevertheless designate the address of a place in such areas as his place of residence. If any such person fails or refuses to designate for entry on line 2 of his Registration Questionnaire-Foreign (SSS Form No. 50) an address of a place within any of such areas, jurisdiction over him under title I of the Universal Military Training and Service Act, as amended, shall vest in District of Columbia Local Board No. 100 (Foreign).

(b) The registrant and the registrar shall subscribe their names in the respective places provided on the Registration Questionnaire-Foreign (SSS Form No. 50). If the registrant is unable or refuses to sign the Registration Questionnaire-Foreign (SSS Form No. 50), or to make a mark in lieu of such signature, the registrar shall sign such registrant's name and indicate that he has done so by signing his own name, followed by the word "Registrar", beneath the name of such registrant, and the act of the registrar in so doing shall have the same force and effect as if such registrant had signed the Registration Questionnaire-Foreign (SSS Form No. 50) and such registrant shall thereby be registered.

(c) The completed Registration Questionnaire-Foreign (SSS Form No. 50) shall be delivered to the chief registrar for transmission to the Director of Selective Service. The Director of Selective Service shall provide for the transmission of all such forms to the local boards of jurisdiction.

§ 1655.5 District of Columbia Local Board No. 100 (Foreign). (a) There is hereby created and established a local board designated as District of Columbia Local Board No. 100 (Foreign) which shall consist of three or more members and which shall have all the rights powers, duties, and responsibilities of a local board.

(b) District of Columbia Local Board No. 100 (Foreign) shall have jurisdiction for all purposes under the selective service law over any person who at the time of his registration under the provisions of the regulations of this part does not designate for entry on line 2 of his Registration Questionnaire-Foreign (SSS Form No. 50) an address of a place within any of the several States of the United States, the District of Columbia, the Territory of Alaska, the Territory of Hawaii, Puerto Rico, the Virgin Islands, Guam, or the Canal Zone.

§ 1655.6 Records to be completed by local board receiving Registration Questionnaire-Foreign (SSS Form No. 50) and assignment of selective service number. (a) When a local board receives a completed Registration Questionnaire-Foreign (SSS Form No. 50), it shall check the address given on line 2 to determine if it has jurisdiction of the registrant.

(b) If the local board determines that it has jurisdiction of the registrant, it shall take the following action:

(1) Transcribe from the Registration Questionnaire-Foreign (SSS Form No. 50) to a Registration Card (SSS Form No. 1) all information necessary to complete the Registration Card (SSS Form No. 1), including placing the name of the registrant and the name of the registrar on the lines provided for their respective signatures.

(2) Prepare a Registration Certificate (SSS Form No. 2) from the information contained on the Registration Questionnaire-Foreign (SSS Form No. 50). The date on which the registrant was registered as certified on the Registration Questionnaire-Foreign (SSS Form NO. 50) shall be inserted as the date of registration on the Registration Certificate (SSS Form No. 2). When the Registration Certificate (SSS Form NO. 2) has been completed, it shall be signed by a member or the clerk of the local board.

(3) Assign a selective service number to the registrant and complete the required entries in the local board records in the manner provided in the case of a late registration and complete a Notice of Identification (SSS Form No. 391).

(4) Mail the completed Registration Certificate (SSS Form NO. 2) and Notice of Identification (SSS Form No. 391) to the registrant at his present mailing address as given on line 3 of the Registration Questionnaire-Foreign (SSS Form No. 50): Provided, That if such mailing address is outside of the several States of the United States, the District of Columbia, the Territories of Alaska and Hawaii, Puerto Rico, the Virgin Islands, Guam, the Canal Zone, Canada, Cuba, and Mexico, such forms shall be mailed to the Director of Selective Service for transmittal to the registrant.

(5) File the Registration Card (SSS Form No. 1) in the alphabetical file of such cards and file the Registration Questionnaire-Foreign (SSS Form No. 50) in the registrant's Cover Sheet (SSS Form NO. 101).

(c) If the local board determines that it does not have jurisdiction of the registrant, it shall return the Registration Questionnaire-Foreign (SSS Form No. 50) to the State Director of Selective Service for transmittal to the proper local board.

CLASSIFICATION

§ 1655.10 Preparation for classification. (a) Except as otherwise provided in this part, the local board shall proceed in the manner provided in Part 1621 of this chapter with the preparation for the classification of a registrant registered under the provisions of the regulations in this part.

(b) The Classification Questionnaire (SSS Form No. 100) shall be mailed by the local board to a registrant who is in Canada, Cuba, or Mexico, and, unless the local board grants an extension of time for its return, the registrant shall complete and return his Classification Questionnaire (SSS Form No. 100) within 30 days after the date on which it is mailed to him.

(c) If the registrant is outside the United States and is in a country other than Canada, Cuba, or Mexico, the Classification Questionnaire (SSS Form No. 100) shall be mailed by the local board to the Director of Selective Service for transmittal to the registrant, and, unless the local board grants an extension of time for its return, the registrant shall complete and return his Classification Questionnaire (SSS Form No. 100) through the Director of Selective Service within 60 days after the date the local board transmitted it to him.

§ 1655.11 Classification. (a) Except as otherwise provided in this section, a registrant who has registered under the provisions of the regulations in this part shall be classified by the local board in accordance with the provisions of Parts 16722 and 1623 of this chapter.

(b) In the cases of registrants who are in Canada, Cuba, or Mexico, the local board shall mail the Notice of Classification (SSS Form No. 110) to the registrant, and in the cases of registrants who are in other places outside the United States, the local board shall mail the Notice of Classification (SSS Form No. 110) to the Director of Selective Service for transmittal to the registrant. A notation of the period of time provided in § 1655.20 during which an appeal may be taken shall be made by the local board on each such form.

APPEALS

§ 1655.20 Additional time for taking appeals. In the case of a registrant who has registered under the provisions of the regulations in this part, whenever an appeal to the appeal board or to the President is authorized under the provisions of Parts 1626 or 1627 of this chapter, such appeal may be taken within 30 days after the date on which the local board mails a Notice of Classification (SSS Form No. 110) to such a registrant who is in Canada, Cuba, or Mexico, or within 60 days after the date on which the local board transmits a Notice of Classification (SSS Form No. 110) to such a registrant who is in any other place outside of the United States. Nothing in this section shall preclude the Director of Selective Service or the appropriate State Director of Selective Service from taking any such appeal at any time.

2. I hereby prescribe the following amendments of the Selective Service Regulations prescribed by Executive Order No. 10292 of September 25, 1951, and constituting portions of Chapter XVI of Title 32 of the Code of Federal Regulations:

(a) Section 1621.16 of Part 1621, Preparation for Classification, is amended to read as follows:

§ 1621.16 Permit to leave the United States. Local boards are authorized to issue to a registrant a permit to depart from the continental United States, the Territory of Alaska, the Territory of Hawaii, Puerto Rico, the Virgin Islands, Guam, or the Canal Zone to any place which is not within any of those areas, and should issue the permit unless it is found that the registrant's absence is likely to interfere with the performance of his obligations under title I of the Universal Military Training and Service Act, as amended. Such permit shall be issued by the completion of a Permit of the Local Board for Registrant to Depart from the United States (SSS Form No. 300). Before determining whether a permit should be issued, the local board may require the registrant to complete and file his Classification Questionnaire (SSS Form No. 100) and such other forms and information as may be necessary to complete his classification and may order him for armed forces physical examination. The local board may thereupon classify the registrant if it appears necessary to a determination of the advisability of issuing the permit. No registrant who is in a class available for military service or for civilian work in lieu of induction shall be issued a permit by the local board until after he has been given an armed forces physical examination unless the registrant's absence is to be for so short a period that it will not interfere with the performance of his selective service obligations.

(b) Paragraph (e) of § 1622.13 of Part 1622, Classification Rules and Principles, is amended to read as follows:

(e) In Class I-D shall be placed any registrant who (1) has been selected for enrollment or continuance in the senior division, Reserve Officers' Training Corps, or the Naval Reserve Officers' Training Corps, or the Naval and Marine Corps officer candidate training programs, or the Reserve officers' candidate program of the navy, or the platoon leaders' class of the Marine Corps, or the officer procurement programs of the Coast Guard and the Coast Guard Reserve, or is appointed an ensign, United States Naval Reserve, or is appointed an ensign, United States Naval Reserve, or is appointed an ensign, United States Naval Reserve, while undergoing professional training; (2) has agreed, in writing, to accept a commission, if tendered, and to serve, subject to order of the Secretary of the military department having jurisdiction over him (or the Secretary of the Treasury with respect to the United States Coast Guard), not less than two years on active duty after receipt of a commission; and (3) has agreed to remain a member of a regular or reserve component until the eighth anniversary of the receipt of a commission in accordance with his obligation under section 4(d) of title I of the Universal Military Training and Service Act, as amended. Such registrant shall be retained in Class I-D until completion or termination of the course of instruction and so long thereafter as he continues in a reserve status upon being commissioned except during any period he is eligible for Class I-C under the provisions of § 1622.12

HARRY S. TRUMAN

THE WHITE HOUSE,

April 17, 1952