Executive Order 10837—Amending the Selective Service Regulations

By virtue of the authority vested in me by the Universal Military Training and Service Act (62 Stat. 604), as amended,

I hereby prescribe the following amendments of the Selective Service Regulations prescribed by Executive Orders No. 10232 of April 18, 1951, No. 10292 of September 25, 1951, No. 10328 of February 20, 1952, No. 10344 of April 17, 1952, No. 10594 of January 31, 1955, and No. 10714 of June 13, 1957, and constituting portions of Chapter XVI of Title 32 of the Code of Federal Regulations:

1. (a) Sections 1602.5 and 1602.11 of Part 1602, Definitions, are amended to read as follows:

§ 1602.5 Governor. The word "Governor" includes, where applicable, the Governor of each of the States of the United States, the Board of Commissioners of the District of Columbia, the Governor of Puerto Rico, the Governor of the Virgin Islands, the Governor of Guam, and the Governor of the Canal Zone.

§ 1602.11 State. The word "State" includes, where applicable, the several States of the United States, the City of New York, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, and the Canal Zone.

(b) The following new section is added to Part 1602 immediately following § 1602.12:

§ 1602.13 Continental United States. The term "continental United States" means the District of Columbia and all of the several States of the United States except the States of Alaska and Hawaii.

2. Section 1604.21 of Part 1604, Selective Service Officers, is amended to read as follows:

§ 1604.21 Area. In the Canal Zone, the District of Columbia, Guam, Puerto Rico, the Virgin Islands, the State of Hawaii, the State of Idaho, the State of Montana, the State of Wyoming, and each State of the United States constituting one Federal judicial district, each State Director of Selective Service shall establish one appeal board area which shall comprise the entire State or possession. In each State which is divided into two or more Federal judicial districts, except the State of New York and the City of New York, each State Director of Selective Service shall establish for each such district an appeal board area which shall comprise the entire district. The State Director of Selective Service for the State of New York shall establish for each Federal judicial district or portion thereof in that State located outside of the City of New York an appeal board area which shall comprise the entire district or portion thereof. The State Director of Selective Service for New York City shall establish for each of the Federal judicial districts located partly within the City of New York an appeal board area which shall comprise the entire portion of such district located within the City of New York.

3. 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 State of Alaska, the State 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 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.

4. Subparagraphs (2) and (4) of paragraph (c) of § 1626.2 of Part 1626, Appeal to Appeal Board, are amended to read as follows:

(2) Within 30 days after the date the local board mails to the registrant a Notice of Classification (SSS Form No. 110), if, on that date, it appears that the registrant is located in one and the local board which classified the registrant is located in another of the following: The continental United States, the State of Alaska, the State of Hawaii, Puerto Rico, the Virgin Islands, Guam, or the Canal Zone.

(4) Within 60 days after the date the local board mails to the registrant a Notice of Classification (SSS Form No. 110), if, on that date, it appears that the registrant is located outside the continental United States, the State of Alaska, the State of Hawaii, Puerto Rico, the Virgin Islands, Guam, the Canal Zone, Canada, Cuba, and Mexico.

5. Paragraph (d) of § 1628.14 of Part 1628, Physical Examination, is amended to read as follows:

(d) The local board with which the registrant files such application shall enter its approval in Part 2 of Transfer for Armed Forces Physical Examination or Induction (SSS Form No. 230) whenever the registrant is located in one and the registrant's own local board is located in another of the following: The continental United States, the State of Alaska, the State of Hawaii, Puerto Rico, the Virgin Islands, Guam, or the Canal Zone. The local board shall mail the original and three copies of Transfer for Armed Forces Physical Examination or Induction (SSS Form No. 230) by air mail to the registrant's own local board, mail a copy to the registrant, and file the remaining copy.

6. Paragraph (d) of § 1632.9 of Part 1632, Delivery and Induction, is amended to read as follows:

(d) The local board with which the registrant files such application shall enter its approval in Part 2 of Transfer for Armed Forces Physical Examination. or Induction (SSS Form No. 230) whenever the registrant is located in one and the registrant's own local board is located in another of the following: The continental United States, the State of Alaska, the State of Hawaii, Puerto Rico, the Virgin Islands, Guam, or the Canal Zone. The local board shall mail the original and three copies of Transfer for Armed Forces Physical Examination or Induction (SSS Form No. 230) by air mail to the registrant's own local board, mail a copy to the registrant, and file the remaining copy.

7. (a) Paragraph (a) of § 1655.2 of Part 1655, Registration of United States Citizens Outside of the United States and Classification of Such Registrants, is amended to read as follows:

(a) Unless he is a person excepted from registration by section 6(a) of the Universal Military Training and Service Act, as amended, every male citizen of the United States outside the continental United States, the State of Alaska, the State of Hawaii, Puerto Rico, the Virgin Islands, Guam, and the Canal Zone who has not been registered and who on July 31, 1952, had attained or who thereafter shall have attained the eighteenth anniversary of the day of his birth and who on July 31, 1952, had not attained the twenty-sixth anniversary of the day of his birth, is required, on the day or days fixed by Proclamation of the President, to 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) Paragraph (a) of § 1655.4 of Part 1655 is amended to read as follows:

(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 the continental United States, the State of Alaska, the State 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 the Universal Military Training and Service Act, as amended, shall vest in District of Columbia Local Board No. 100 (Foreign).

(c) Paragraph (b) of § 1655.5 of Part 1655 is amended to read as follows:

(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 in this part does not designate for entry on line 2 of his Regisiration Questionnaire—Foreign (SSS Form No. 50) an address of a place within the continental United States, the State of Alaska, the State of Hawaii, Puerto Rico, the Virgin Islands, Guam, or the Canal Zone.

(d) Subparagraph (4) of paragraph (b) of § 1655.6 of Part 1655 is amended to read as follows:

(4) Mail the completed Registration Certificate (SSS Form No. 2) 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 the continental United States, the State of Alaska, the State of Hawaii, Puerto Rico, the Virgin Islands, Guam, the Canal Zone, Canada, Cuba, and Mexico, such form shall be mailed to the Director of Selective Service for transmittal to the registrant.

8. Paragraph (b) of § 1660.31 of Part 1660, Civilian Work in Lieu of Induction, is amended to read as follows:

(b) When the civilian work to which a registrant is ordered by the local board in lieu of induction is to be performed at any place outside the continental United States, the State of Alaska, the State of Hawaii, Puerto Rico, the Virgin Islands, Guam, and the Canal Zone, and the registrant has reported for such work, the local board, after classifying the registrant in Class I-W, shall forward the registrant's Cover Sheet (SSS Form No. 101) and contents to the Director of Selective Service. It shall be the responsibility of the Director of Selective Service to see that the registrant performs the work to which he has been ordered by the local board for a period of twenty-four consecutive months, unless sooner released under the provisions of § 1660.21. When the registrant has satisfactorily completed this work, the Director of Selective Service shall return the registrant's cover sheet to the local board together with a letter stating that the registrant has satisfactorily completed his work. If the registrant should fail to perform such work, or should otherwise fail to perform his duties under the Universal Military Training and Service Act, as amended, during the time that his cover sheet is in the custody of the Director of Selective Service, the Director of Selective Service shall determine whether or not the registrant shall be reported to the Department of Justice for prosecution.

DWIGHT D. EISENHOWER

THE WHITE HOUSE,

September 14, 1959.