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. 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. 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. ice 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, consuls 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 days 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 excepted 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. § 612.1 NATIONAL DUTIES 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. Sec. PART 617-REGISTRATION CERTIFICATE 617.1 IN GENERAL Effect of failure to have Registration § 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 Officers, of the Selective Service Regulations. THE WHITE HOUSE, HARRY S. TRUMAN July 20, 1948. EXECUTIVE ORDER 9980 REGULATIONS GOVERNING FAIR EMPLOYMENT PRACTICES WITHIN THE FEDERAL ESTABLISHMENT WHEREAS the principles on which our Government is based require a policy of fair employment throughout the Federal establishment, without discrimination because of race, color, religion, or national origin; and WHEREAS it is desirable and in the public interest that all steps be taken necessary to insure that this longestablished policy shall be more effectively carried out: NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, by the Constitution and the laws of the United States, it is hereby ordered as follows: 1. All personnel actions taken by Federal appointing officers shall be based solely on merit and fitness; and such officers are authorized and directed to take appropriate steps to insure that in all such actions there shall be no discrimination because of race, color, religion, or national origin. 2. The head of each department in the executive branch of the Government shall be personally responsible for an effective program to insure that fair employment policies are fully observed in all personnel actions within his department. 3. The head of each department shall designate an official thereof as Fair Employment Officer. Such Officer shall be given full operating responsibility, under the immediate supervision of the department head, for carrying out the fairemployment policy herein stated. Notice of the appointment of such Officer shall be given to all officers and employees of the department. The Fair Employment Officer shall, among other things (a) Appraise the personnel actions of the department at regular intervals to determine their conformity to the fairemployment policy expressed in this order. (b) Receive complaints or appeals concerning personnel actions taken in the department on grounds of alleged discrimination because of race, color, religion, or national origin. (c) Appoint such central or regional deputies, committees, or hearing boards, from among the officers or employees of the department, as he may find necessary or desirable on a temporary or permanent basis to investigate, or to receive, complaints of discrimination. (d) Take necessary corrective or disciplinary action, in consultation with, or on the basis of delegated authority from, the head of the department. 4. The findings or action of the Fair Employment Officer shall be subject to direct appeal to the head of the department. The decision of the head of the department on such appeal shall be subject to appeal to the Fair Employment Board of the Civil Service Commission, hereinafter provided for. 5. There shall be established in the Civil Service Commission a Fair Employment Board (hereinafter referred to as the Board) of not less than seven persons, the members of which shall be officers or employees of the Commission. The Board shall (a) Have authority to review decisions made by the head of any department which are appealed pursuant to the provisions of this order, or referred to the Board by the head of the department for advice, and to make recommendations to such head. In any instance in which the recommendation of the Board is not promptly and fully carried out the case shall be reported by the Board to the President, for such action as he finds necessary. (b) Make rules and regulations, in consultation with the Civil Service Commission, deemed necessary to carry out the Board's duties and responsibilities under this order. (c) Advise all departments on problems and policies relating to fair employment. (d) Disseminate information pertinent to fair-employment programs. (e) Coordinate the fair-employment policies and procedures of the several departments. (f) Make reports and submit recommendations to the Civil Service Commission for transmittal to the President from time to time, as may be necessary to the maintenance of the fair-employment program. 6. All departments are directed to furnish to the Board all information needed for the review of personnel actions or for the compilation of reports. 7. The term "department" as used herein shall refer to all departments and agencies of the executive branch of the Government, including the Civil Service Commission. The term "personnel action," as used herein, shall include failure to act. Persons failing of appointment who allege a grievance relating to discrimination shall be entitled to the remedies herein provided. 8. The means of relief provided by this order shall be supplemental to those provided by existing statutes, Executive orders, and regulations. The Civil Service Commission shall have authority, in consultation with the Board, to make such additional regulations, and to amend existing regulations, in such manner as may be found necessary or desirable to carry out the purposes of this order. HARRY S. TRUMAN THE WHITE HOUSE, July 26, 1948. |