Executive Order 9979—Prescribing Portions of the Selective Service Regulations and Authorizing the Director of Selective Service to Perform Certain Functions of the President Under the Selective Service Act of 1948

§ 602.1 Definitions to govern. The definitions contained in section 16 of title I of the Selective Service Act of 1948 and the definitions contained in this part shall govern in the interpretation of the Selective Service Regulations.

§ 602.2 Aliens. (a) The term "alien" means any person who is not a national of the United States.

(b) The term "national of the United States" means (1) a citizen of the United States or (2) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.

§ 602.3 County. The word "county" includes, where applicable, counties, independent cities, and similar subdivisions, such as the independent cities of Virginia, the parishes of Louisiana, and the towns of the New England States.

§ 602.4 Delinquent. A "delinquent" is a person required to be registered under the selective service law who fails or neglects to perform any duty required of him under the provisions of the selective service law.

§ 602.5 Governor. The word "Governor" includes, where applicable, the Governor of each of the States of the United States, the Governor of the Territory of Alaska, the Governor of the Territory of Hawaii, the Board of Commissioners of the District of Columbia, the Governor of Puerto Rico, and the Governor of the Virgin Islands of the United States.

§ 602.6 Inducted man. An "inducted man" is a man who has become a member of the armed forces through the operation of the Selective Service System.

§ 602.7 Induction station. The term "induction station" refers to any camp, post, ship, or station at which registrants who have been designated by a local board to fill a call are received by the military authorities and, if found acceptable, are inducted into military service.

§ 602.8 Military service. The term "military service" includes service in the Army, the Air Force, the Navy, and the Marine Corps.

§ 602.9 Registrant. Except as otherwise specifically provided, a "registrant" is a person registered under the selective service law.

§ 602.10 Selective service law. The term "selective service law" includes title I of the Selective Service Act of 1948 and all rules and regulations issued thereunder.

§ 602.11 State. The word "State" includes, where applicable, the several States of the United States, the City of New York, the Territory of Alaska, the Territory of Hawaii, the District of Columbia, Puerto Rico, and the Virgin Islands of the United States.

§ 602.12 Singular and plural. Words importing the singular number shall include the plural number, and words importing the plural number shall include the singular, except where the context clearly indicates otherwise.

PART 603-SELECTIVE SERVICE PERSONNEL IN GENERAL

Sec.

603.1 Citizenship

603.2 Voluntary services.

603.3 Uncompensated services.

603.4 Oath of office and other forms.

603.5 Termination of appointment.

603.6 Removal.

603.7 Suspension.

603.8 Vacancies

§ 603.1 Citizenship. No person shall be appointed to any position, either compensated or uncompensated, in the Selective Service System who is not a citizen of the United States.

§ 603.2 Voluntary services. Voluntary services in the administration of the selective service law may be accepted and should be encouraged.

§ 603.3 Uncompensated services. The services of registrars (except as the Director of Selective Service may otherwise provide), members of local boards, members of appeal boards, government appeal agents and associate government appeal agents, medical advisors to the local boards, medical advisors to the State Directors of Selective Service, advisors to registrants, interpreters, and all other persons volunteering their services to assist in the administration of the selective service law shall be uncompensated, and no such person serving without compensation shall accept remuneration from any source for services rendered in connection with selective service matters.

§ 603.4 Oath of office and other forms. (a) Every person who undertakes to render voluntary uncompensated service in the administration of the selective service law shall, before he enters upon his duties, execute an Oath of Office and Waiver of Pay (SSS Form NO. 400).

(b) Every person who undertakes to render compensated service in the administration of the selective service law shall execute an oath of office in the form prescribed by the United States Civil Service Commission, Standard Form No. 61.

(c) Compensated and uncompensated personnel appointed for duty in the Selective Service System shall execute such other forms as are required by law, Executive order of the President, the regulations of the United States Civil Service Commission, or the Director of Selective Service.

(d) When executed in the manner hereinbefore provided, the Oath of Office and Waiver of Pay (SSS Form No. 400) and such other forms as may be required shall be filed in accordance with instructions issued by the Director of Selective Service.

§ 603.5 Termination of appointment. The appointment of any deputy, officer, agent, employee, or other person engaged in the administration of the selective service law, whether with or without compensation, may be terminated by resignation, death, or removal, or, in appropriate cases, by transfer or retirement.

§ 603.6 Removal. (a) Any person, other than a compensated civilian officer or employee, engaged in the administration of the selective service law may be removed by the Director of Selective Service. The Governor may recommend to the Director of Selective Service the removal, for cause, of any person engaged in the administration of the selective service law in his State. The Director of Selective Service shall make such investigation of the Governor's recommendation as he deems necessary and upon completion thereof shall take such action thereon as he deems proper.

(b) Any compensated civilian officer or employee engaged in the administration of the selective service law may be removed in accordance with the rules and regulations of the United States Civil Service Commission.

§ 603.7 Suspension. The Director of Selective Service may suspend any deputy, officer, agent, employee, or other person engaged in the administration of the selective service law, pending his consideration of the advisability of removing any such person. Suspensions of persons entitled to veterans' preference under the Veterans' Preference Act of 1944, as amended, shall be in accordance with the regulations prescribed by the United States Civil Service Commission pursuant to that Act. During the period that any such person is suspended, he shall be disqualified to act in his official capacity.

§ 603.8 Vacancies. Vacancies may be filed in accordance with instructions issued by the Director of Selective Service.

PART 604-SELECTIVE SERVICE OFFICERS

NATIONAL ADMINISTRATION

Sec.

604.1 Director of Selective Service.

STATE ADMINISTRATION

604.11 Governor.

604.12 State Director of Selective Service.

604.13 State Director of Selective Service for New York City.

604.14 Staff of State Headquarters for Selective Service.

APPEAL BOARDS

604.21 Area.

604.22 Composition and appointment.

604.24 Jurisdiction.

MEDICAL ADVISORS TO THE STATE DIRECTORS OF SELECTIVE SERVICE

604.31 Medical advisors to the State Directors of Selective Service.

ADVISORS TO REGISTRANTS

604.41 Appointment and duties

LOCAL BOARDS

604.51 Area.

604.52 Composition and appointment.

604.54 Jurisdiction

MEDICAL ADVISORS TO THE LOCAL BOARDS

604.61 Medical advisors to the local boards

GOVERNMENT APPEAL AGENTS

604.71 Appointment and duties.

NATIONAL ADMINISTRATION

§ 604.1 Director of Selective Service. The Director of Selective Service shall be responsible directly to the President. The Director of Selective Service is hereby authorized and directed:

(a) To prescribe such rules and regulations as he shall deem necessary for the administration of the Selective Service System, the conduct of its officers and employees, the distribution and performance of its business, and the custody, use, and preservation of its records, papers, and property.

(b) To issue such public notices, orders, and instructions as shall be necessary for carrying out the functions of the Selective Service System.

(c) To obligate and authorize expenditures from funds appropriated for carrying out the functions of the Selective Service System.

(d) To appoint, and to fix, in accordance with the Classification Act of 1923, as amended, so far as applicable, the compensation of, such officers, agents, and employees as shall be necessary for carrying out the functions of the Selective Service System.

(e) To procure such space as he may deem necessary for carrying out the functions of the Selective Service System by lease pursuant to existing statutes except that the provisions of the act of June 30, 1932 (47 Stat. 412), as amended by section 15 of the act of March 3, 1933 (47 Stat. 1517; 40 U.S.C. 278a), shall not apply to any lease so entered into.

(f) To perform such other duties as shall be required of him under the selective service law or which may be delegated to him by the President.

(g) To delegate any of his authority to such officers, agents, or persons as he may designate, and to provide for the subdelegation of any such authority.

STATE ADMINISTRATION

§ 604.11 Governor. The Governor of each State is authorized to recommend a person to be appointed by the President as State Director of Selective Service for his State, who shall represent the Governor in all selective service matters.

§ 604.12 State Director of Selective Service. Subject to the direction and control of the Director of Selective Service, the State Director of Selective Service for each State shall be in immediate charge of the State Headquarters for Selective Service and shall be responsible for carrying out the functions of the Selective Service System in his State. The State Headquarters for Selective Service shall be an office of record for selective service operations only, and no records other than selective service records shall be maintained in such office.

§ 604.13 State Director of Selective Service for New York City. The Governor of the State of New York is authorized to recommend a person to be appointed by the President s State Director of Selective Service for New York City, who shall represent the Governor in all selective service matters within the City of New York., Subject to the direction and control of the Director of Selective Service, the State Director of Selective Service for New York City, if so appointed, shall be in immediate charge of the State Headquarters for Selective Service for New York City and shall be responsible for carrying out the functions of the Selective Service System within the City of New York. If a State Director of Selective Service for New York City be so appointed, the State Director of Selective service for the State of New York shall have no jurisdiction in selective service matters within the City of New York. The State Headquarters for Selective Service for New York City shall be an office of record for selective service operations only, and no records other than selective service records shall be maintained in such office.

§ 604.14 Staff of State Headquarters for Selective Service. (a) Subject to applicable law and within the limits of available funds the staff of each State Headquarters for Selective Service shall consist of as many officers, either military or civilian, as shall be authorized by the Director of Selective Service.

(b) In accordance with limitations imposed by the Director of Selective Service, the State Director of Selective Service is authorized to appoint such civilian personnel as he considers are required in the operation of the State Headquarters for Selective Service.

APPEAL BOARDS

§ 604.21 Area. Each State Director of Selective Service shall establish one appeal board area which shall comprise the entire State, except if a Director of Selective Service for New York City is appointed one appeal board area shall be established for the entire State of New York excepting the City of New York, and an additional appeal board area shall be established for the City of New York.

§ 604.22 Composition and appointment. For each appeal board area an appeal board, normally of five members, shall be appointed by the President, upon recommendation of the Governor. The members shall be male citizens of the United States who are not members of the armed forces or any reserve component thereof; they shall be residents of the area in which their board is appointed; and they shall be at least 30 years old. The appeal board should be a composite board, representative of the activities of its area, and as such should include one member from labor, one member from industry, one physician, one lawyer, and, where applicable, one member from agriculture. If the number of appeals sent to the board becomes too great for the board to handle without undue delay, additional panels of five members similarly constituted shall be appointed to the board by the President, upon recommendation of the Governor. Each such panel shall have full authority to act on all cases assigned to it. Each panel shall act separately. The State Director of Selective Service shall coordinate the work of all the panels to effect an equitable distribution of the work load.

§ 604.24 Jurisdiction. The appeal board shall have jurisdiction to review and to affirm or change any decision appealed to it from any local board in its area or any decision appealed from any local board not in its area when such appeal is either transferred to it in the manner provided in these regulations, or is appealed to it by or on behalf of any registrant whose principal place of employment is located in its area or submitted to it in the manner required by law.

MEDICAL ADVISORS TO THE STATE DIRECTORS OF SELECTIVE SERVICE

§ 604.41 Appointment and duties. Advisors to registrants shall be appointed by the director of Selective Service upon recommendation of the State Director of Selective Service to advise and assist registrants in the preparation of questionnaires and other selective service forms and to advise registrants on other matters relating to their liabilities under the selective service law. Every person so appointed should be at least 30 years of age. The names and addresses of advisors to registrants within the local board area shall be conspicuously posted in the local board office.

LOCAL BOARDS

§ 604.51 Areas. The State Director of Selective Service for each State shall divide his State into local board areas. Normally, no such area should have a population exceeding 100,000. There shall be at least one separate local board area in each county; provided, that an intercounty local board may be established for an area not exceeding five counties within a State when the Director of Selective Service determines after considering the public interest involved and the recommendation of the Governor that the establishment of such local board area will result in a more efficient and economical operation.

§ 604.52 Composition and appointment. (a) A local board of three or more members shall be appointed for each local board area by the President upon recommendation of the Governor.

(b) A local board of three or more members, with at least one member from each county included within the intercounty local board area, shall be appointed for each intercounty local board area by the President upon recommendation of the Governor.

(c) The members of local boards shall be male citizens of the United States who shall be residents of a county in which their local board has jurisdiction and who shall also, if at all practicable, be residents of the area in which their local board has jurisdiction. No member of a local board shall be a member of the armed forces or any reserve component thereof. Members of local boards shall be at least 30 years of age.

§ 604.54 Jurisdiction. The jurisdiction of each local board shall extend to all persons registered in, or subject to registration in, the area for which it was appointed. It shall have full authority to do and perform all acts within its jurisdiction authorized by the selection service law.

MEDICAL ADVISORS TO THE LOCAL BOARDS

§ 604.61 Medical advisors to the local boards. The President may appoint for each local board, from qualified physicians recommended by the Governor, one or more medical advisors to advise the local board regarding the physical and mental condition of its registrants. The State Director of Selective Service may authorize any duly appointed medical advisor to a local board to perform such functions for any local board within the State.

GOVERNMENT APPEAL AGENTS

§ 604.71 Appointment and duties. (a) For each local board a government appeal agent shall be appointed by the President upon recommendation of the Governor.

(b) One or more associate government appeal agents may be appointed by the President for each local board when either the government appeal agent appointed for that board or the local board requests such assistance and the Governor, being of the opinion that the circumstances warrant such action, recommends appointment. Whenever an intercounty local board is established an associate government appeal agent shall be appointed by the President, upon recommendation of the Governor, for each county included within the local board area.

(c) Each government appeal agent and associate government appeal agent shall, whenever possible, be a person with legal training and experience and shall not be a member of the armed forces or any reserve component thereof.

(d) It shall be the duty of the government appeal agent and in his absence or inability to act or at his direction, the duty of the associate government appeal agent:

(1) To expeditiously examine the records of registrants who have been classified by the local board in order that appeals to the appeal board, when found necessary, may be filed within the time limit specified by the regulations, and to appeal, as prescribed by the regulations, from any classification by a local board which, in his opinion, should be reviewed by the appeal board.

(2) To attend such local board meetings as the local board may request him to attend.

(3) To suggest to the local board a reopening of any case where the interests of justice, in his opinion, require such action and to submit to the local board, with such suggestion, the information obtained by his investigation of the case which has caused him to arrive at his decision that the case should be reconsidered.

(4) To render such assistance to the local board as it may request by advising the members and interpreting for them laws, regulations, and other directives.

(5) To be equally diligent in protecting the interests of the Government and the rights of the registrant in all matters.

PART 606-GENERAL ADMINISTRATION

SELECTIVE SERVICE FORMS

Sec.

606.51 Forms made part of regulations.

SELECTIVE SERVICE FORMS

§ 606.51 Forms made part of regulations. (a) All forms and revisions thereof referred to in these or any new or additional regulations, or in any amendment to these or such new or additional regulations, and all forms and revisions thereof prescribed by the Director of Selective Service shall be and become a part of these regulations in the same manner as if each form, each provision therein, and each revision thereof were set forth herein in full. Whenever in any form or in the instructions printed thereon, any person shall be instructed or required to perform any act in connection therewith, such person is hereby charged with the duty of promptly and completely complying with such instruction or requirement.

(b) The Director of Selective Service, as to such persons or agencies as he designates, may waive any requirement that any form be notarized or sworn to.

PART 609-EXPENDITURES OTHER THAN FOR PERSONAL SERVICES

EMERGENCY MEDICAL CARE, HOSPITALIZATION AND TRANSPORTATION AND BURIAL OF REMAINS

Sec.

609.51 Claims

EMERGENCY MEDICAL CARE, HOSPITALIZATION, AND TRANSPORTATION AND BURIAL OF REMAINS

§ 609.51 Claims. (a) Funds appropriated for the operation and maintenance of the Selective Service System shall be available for payment of actual and reasonable expenses of (1) emergency medical care, including hospitalization of registrants who suffer illness or injury, and (2) the transportation and burial of the remains of registrants who suffer death, while acting under orders issued by or under the authority of the Director of Selective Service, but the expenses of burial, including preparation of the body, shall not exceed $150 in any one case.

(b) The term "emergency medical care, including hospitalization" as used in this section shall be construed to mean such medical care or hospitalization that normally must be rendered promptly after occurrence of the illness or injury as a result of which it is required, and discharged by a physician or facility subsequent to such medical care or hospitalization shall prima facie terminate the period of emergency.

(c) the death of a registrant shall be deemed to have occurred while acting under orders issued by or under the authority of the Director of Selective Service if it results directly from an illness or injury suffered by the registrant while so acting and occurs prior to the completion of an emergency medical care, including hospitalization, occasioned by such illness or injury.

(d) Claims for payment of expenses incurred for the purposes set forth in paragraph (a) of this section shall be presented to the State Director of Selective Service of the State in which the expenses were incurred, who shall determine whether the claim shall be allowed or disallowed, in whole or in part, subject to appeal within 60 days to the Director of Selective Service.

(e) Payment of such claims when allowed shall be made only (1) directly to the person or facility with which the expenses were incurred, or (2) by reimbursement to the registrant, a relative of the registrant, or the legal representative of the registrant's estate, for original payment of such expenses.

(f) No such claim shall be paid unless it is presented within the period of one year from the date on which the expenses were incurred.

(g) No such claim shall be allowed in case it is determined that the cause of injury, illness, or death was due to negligence or misconduct of the registrant.

PART 611-DUTY AND RESPONSIBILITY TO REGISTER

Sec.

611.1 Duty to be registered.

611.2 Change of status.

611.3 Registration of men separated from armed forces.

611.4 Registration of certain persons entering the United States.

611.5 Inmate of institution

611.6 Responsibility for performance of duty.

§ 611.1 Duty to be registered. (a) Section 3 of title I of the Selective Service Act of 1948 requiring certain persons to present themselves for and submit to registration reads as follows:

Except as otherwise provided in this title, it shall be the duty of every male citizen of the United States, and every other male person residing in the United States, who, on the day or days fixed for the first or any subsequent registration, is between the ages of eighteen and twenty-six, to present himself for and submit to registration at such time or times and place or places, and in such manner, as shall be determined by proclamation of the President and by rules and regulations prescribed hereunder.

(b) Section 6(a) of title I of the Selective Service Act of 1948 providing that certain persons are not required to be registered so long as they have a certain status reads as follows:

Commissioned officers, warrant officers, pay clerks, enlisted men, and aviation cadets of the Regular Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Coast and Geodetic Survey, and the Public Health Service; cadets, United States Military Academy; midshipmen, United States Navy; cadets, United States Coast Guard Academy; members of the reserve components of the armed forces, the Coast Guard, and the Public Health Service, while on active duty; and foreign diplomatic representatives, technical attaches of foreign embassies and legations, consults general, consuls, vice consuls, and other consular agents of foreign countries who are not citizens of the United States, and members of their families, and persons in other categories to be specified by the President, residing in the United States, and who have not declared their intention to become citizens of the United States, shall not be required to be registered under section 3 and shall be relieved from liability for training and service under section 4(b).

(c) On the day or days and between the hours fixed for registration by Presidential proclamation, every man required to do so under the foregoing provisions shall present himself for and submit to registration before a duly designated registration official or the local board having jurisdiction in the area in which he has his permanent home or in which he may happen to be on that day or any of those days.

§ 611.2 Change of status. Except as otherwise provided in section 611.3 of this part, every man who would have been required to be registered on a day or one of the days fixed for registration by Presidential proclamation except for the fact that he was in one of the groups mentioned in section 6(a) of title I of the Selective Service Act of 1948, shall be required, under the provisions of section 6(k) of title I of the Selective Service Act of 1948 to present himself for and submit to registration before a local board when a change in his status removes him from such group.

§ 611.3 Registration of men separated from armed forces. Every man who (a) has been separated from active service in the armed forces, the Coast Guard, the Coast and Geodetic Survey, or the Public Health Service, (b) has not been registered prior to such separation, and (c) would have been required to be registered except for the fact that he was in such active service on the day or days fixed for his registration by Presidential proclamation, shall present himself for and submit to registration before a local board within the period of 30 day following the date on which he was so separated.

§ 611.4 Registration of certain persons entering the United States. (a) Every male person who would have been required to register on any day or days fixed for registration by Presidential proclamation had he been within the United States and who thereafter enters the United States shall present himself for and submit to registration before a local board within the period of five days following the date on which he enters the United States.

(b) Every male person, other than a person referred to in paragraph (a) of this section and a person exempted from registration by section 6(a) of title I of the Selective Service Act of 1948, who enters the United States subsequent to the day or days fixed by Presidential proclamation for the registration of persons of his age, shall present himself for and submit to registration before a local board within the period of 90 days following the date on which he enters the United States.

§ 611.5 Inmate of institution. Unless he has already been registered, every person subject to registration who is an inmate of an insane asylum, jail, penitentiary, reformatory, or similar institution shall be registered on the day he leaves the institution.

§ 611.6 Responsibility for performance of duty. (a) Every person subject to registration is required to familiarize himself with the rules and regulations governing registration and to comply therewith.

(b) Every person is deemed to have notice of the requirements of title I of the Selective Service Act of 1948 and of the rules and regulations prescribed thereunder upon the publication by the President of a proclamation or other public notice fixing a time for registration.

(c) Every person who, on the day or one of the days fixed for registration, is required to be registered is personally charged with the duty of presenting himself before the proper officials and submitting to registration.

(d) The duty of every person subject to registration to present himself for and submit to registration shall continue at all times, and if for any reason any such person is not registered on the day or one of the days fixed for his registration, he shall immediately present himself for and submit to registration before the local board in the area where he happens to be.

(e) Persons required to present themselves for and submit to registration shall not be paid for performing such obligation nor shall they be paid travel allowances or expenses.

PART 612-REGISTRATION DUTIES

NATIONAL DUTIES

Sec.

612.1 Responsibility of Director of Selective Service.

NATIONAL DUTIES

§ 612.1 Responsibility of Director of Selective Service. Whenever the President by proclamation or other public notice fixes a day or days for registration, the Director of Selective Service shall take the necessary steps to prepare for registration and, on the day or days fixed, shall supervise the registration of those persons required to present themselves for and submit to registration. The Director of Selective Service shall also arrange for and supervise the registration of persons who present themselves for registration at times other than on the day or days fixed for any registration.

PART 617-REGISTRATION CERTIFICATE

Sec. 617.1 Effect of failure to have Registration Certificate in personal possession.

IN GENERAL

§ 617.1 Effect of failure to have Registration certificate in personal possession. Every person required to present himself for and submit to registration must have a Registration Certificate (SSS Form No. 2) in his personal possession at all times. The failure of any person to have such Registration Certificate (SSS Form No. 2) in his personal possession shall be prima facie evidence of his failure to register.

2. The Director of Selective Service is hereby authorized to appoint, and to fix, in accordance with the Classification Act of 1923, as amended, the compensation of, State Directors of Selective Service and to appoint members of local boards, members of appeal boards, medical advisors to the State Directors of Selective Service, medical advisors to the local boards, government appeal agents, and associate government appeal agents provided for in Part 604, Selective Service Regulations.

HARRY S. TRUMAN

THE WHITE HOUSE,

July 20, 1948