Executive Order 11527—Amending the Selective Service Regulations

By virtue of the authority vested in me by the Military Selective Service Act of 1967 (62 Stat. 604, as amended), I hereby prescribe, to become effective on this date, the following amendments of the Selective Service Regulations prescribed by Executive Orders No. 10001 of September 17, 1948, No. 10202 of January 12, 1951, No. 10292 of September 25, 1951, No. 10659 of February 15, 1956, No. 10735 of October 17, 1957, No. 10984 of January 5, 1962, No. 11098 of March 14, 1963, No. 11119 of September 10, 1963, No. 11241 of August 26, 1965, No. 11360 of June 30, 1967, No. 11497 of November 26, 1969, and constituting portions of Chapter XVI of Title 32 of the Code of Federal Regulations:

1. The heading of section 1622.22 is amended to read "Class II—A: Registrant Deferred Because of Civilian Occupation", and paragraph (a) of that section is amended to read as follows:

"(a) In Class II—A shall be placed any registrant whose continued service is found to be necessary to the maintenance of the national health, safety, or interest in an activity identified as essential by the Director of Selective Service upon the advice of the National Security Council, provided that any registrant in Class II—A under the provisions of this paragraph in effect prior to the effective date of this paragraph in its present form may be retained in such class so long as he qualifies under those provisions. In addition, any registrant qualified for classification in Class II—A prior to such effective date may be placed and retained in such class if request therefor has been made prior to such effective date."

2. Paragraph (b) of section 1622.22 is amended to read as follows:

"(b) In Class II—A shall be placed any registrant satisfactorily pursuing an approved full-time course of instruction not leading to a baccalaureate degree in a junior college, community college or technical school, or engaged in an approved apprentice training program, such deferment to continue until such registrant fails to pursue satisfactorily such full-time course of instruction or training, or until the expiration of the period of time normally required to complete such course of full-time instruction or training."

3. Paragraph (a) of section 1622.23, Necessary Employment Defined, is amended to read as follows:

"(a) A registrant's continued service in an occupation identified pursuant to section 1622.22(a) shall be considered to be necessary to the maintenance of the national health, safety, or interest only when all of the following conditions exist:

"(1) The registrant is, or but for a seasonal or temporary interruption would be, engaged in such activity.

"(2) The registrant cannot be replaced because of a shortage of persons with his qualifications or skill in such activity.

"(3) The removal of the registrant would cause a material loss of effectiveness in such activity."

4. Section 1622.23 is further amended by revoking paragraph (c).

5. Paragraph (a) of 1622.24, Class II—C: Registrant Deferred Because of Agricultural Occupation, is amended to read as follows:

"(a) In Class II—C shall be placed any registrant who is employed in the production for market of a substantial quantity of those agricultural commodities which are necessary to the maintenance of the national health, safety, or interest, but only when all of the conditions described in Paragraph 1622.23 (a) are found to exist and only if the registrant was classified in Class II—C prior to the effective date of this paragraph in its present form. In addition, any registrant qualified for classification in Class II—C prior to such effective date may be placed and retained in such class if request therefor has been made prior to such effective date."

6. Paragraph (a) of section 1622.30, Class Registrant with a Child or Children; and Registrant Deferred by Reason of Extreme Hardship to Dependents, is revoked.

7. Section 1622.30 is further amended by revoking subparagraphs (2) and (3) of paragraph (c), by redesignating paragraphs (b) and (c) (1) as paragraphs "(a)" and "(b)", respectively, and by inserting the following new paragraph:

"(c) In Class III—A shall be placed any registrant who prior to the effective date of this paragraph in its present form submitted to his local board information establishing his eligibility for deferment on the grounds of fatherhood under regulations in effect prior to such date, or who is so classified prior to such date, and who continues to maintain a bona fide family relationship in their home with his child or children, except that this paragraph shall not apply to any registrant who subsequently becomes a physician, dentist, or veterinarian."

8. Section 1622.30a, Registrants Included in the Term "Allied Specialist Category" as Used in Paragraph (a) of Section 1622.30, is revoked.

9. Section 1628.11, Order to Report for Armed Forces Physical Examination, is amended by adding the following new paragraph:

"(e) The local board shall also order for armed forces physical examination those registrants who have not attained age 26 and who have not previously had such an examination, who request such examination. Requests for examinations must be submitted in writing to the registrant's local board. The local board shall establish a specific date for the examination, which date shall be within 60 days of the receipt of the applicant's request, and the registrant shall be given written notice thereof at least 15 days prior to the date of such examination. Each registrant shall have the right to receive only one preinduction examination on his own request. The Director of Selective Service may temporarily suspend the provisions of this paragraph for particular States or particular local hoards if he determines that the number of such requests, if granted, would adversely affect the processing of men toward induction or would increase the total workloads of the respective Armed Forces Examining and Entrance Stations beyond their capacities. If any registrant is found acceptable upon examination at his request, he will not be selected for induction until his normal sequence number is reached."

RICHARD NIXON

The White House

April 23, 1970