the county or political subdivision corresponding thereto in which such local board has jurisdiction, and each intercounty local board shall have at least one member from each county or political subdivision corresponding thereto included within the intercounty local board area. Such local boards, or separate panels thereof each consisting of three or more members, shall, under rules and regulations prescribed by the President, have the power within the respective jurisdictions of such local boards to hear and determine, subject to the right of appeal to the appeal boards herein authorized, all question or claims with respect to inclusion for, or exemption or deferment from, training and service under this title [said sections], of all individuals within the jurisdiction of such local boards. The decisions of such local board shall be final, except where an appeal is authorized and is taken in accordance with such rules and regulations as the President may prescribe. There shall be not less than one appeal board located within the area of each Federal judicial district in the United States and within each Territory and possession of the United States, and such additional separate panels thereof, as may be prescribed by the President. Appeal boards within the Selective Service System shall be composed of civilians who are citizens of the United States and and who are not members of the armed forces. The decision of such appeal boards shall be final in cases before them on appeal unless modified or changed by the President. The President, upon appeal or upon his own motion, shall have power to determine all claims or questions with respect to inclusion for, or exemption or deferment from training and service under this title [said sections], and the determination of the President shall be final. No judicial review shall be made of the classification or processing of any registrant by local boards, appeal boards, or the President, except as a defense to a criminal prosecution instituted under section 12 of this title [section 462 of this Appendix], after the registrant has responded either affirmatively or negatively to an order to report for induction or for civilian work in the case of a registrant determined to be opposed to participation in war in any form: Provided, That such review shall go to the question of the jurisdiction herein reserved to local boards, appeal boards, and the President only when there is no basis in fact for the classification assigned to such registrant. No person who is a civilian officer, member, agent, or employee of the Office of Selective Service Records or the Selective Service System, or of any local board or appeal board or other agency of such Officer or system, shall be excepted from registration or deferred or exempted from training and service, as provided for in this title [sections 451, 453, 454, 455, 456, and 458 to 471a of this Appendix], by reason of his status as such civilian officer, member, agent, or employee; (4) to appoint, and to fix, in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of Title 5 relating to classification and General Schedule pay rates, the basic pay of such officers, agents, and employees as he may deem necessary to carry out the provisions of this title [sections 451, 453, 454, 455, 456 and 458 to 471a of this Appendix], however, any officer on the active or retired list of the armed forces, or any reserve component thereof with his consent, or any officer or employee of any department or agency of the United States who may be assigned or detailed to any office or position to carry out the provisions of this title [sections 451, 453, 454. 455, 456 and 458 to 471a of this Appendix] (except to offices or positions on local boards or appeal boards established or created pursuant to section 10(b) (3) [subsection (b) (3) of this section]) may serve in and perform the functions of such office or position without loss of or prejudice to his status as such officer in the armed forces or reserve component thereof, or as such officer or employee in any department or agency of the United States; * (e) Repealed. Pub. L. 92-129, title I, § 101(a)(27), 101 (a) (27), Sept. 28, 1971, 85 Stat. 352. (f) Settlement of travel claims, etc. The Director is authorized to make final settlement of individual claims, for amounts not exceeding $500, for travel and other expenses of uncompensated personnel of the Office of Selective Service Records, or the Selective Service System, incurred while in the performance of official dutie, without regard to other provisions of law governing the travel of civilian employees of the Federal Government. (h) Maintenance of System after institution of all volunteer program for meeting manpower needs. If at any time calls under this section for the induction of persons for training and service in the Armed Forces are discontinued because the Armed Forces are placed on an all volunteer basis for meeting their active duty manpower needs, the Selective Service System, as it is constituted on the date of the enactment of this subsection [September 28, 19711, shall, nevertheless, be maintained as an active standby organization, with (1) a complete registration and classification structure capable of immediate operation in the event of a national emergency, and (2) personnel adequate to reinstitute immediately the full operation of the System, including military reservists who are trained to operate such System and who can be ordered to active duty for such purpose in the event of a national emergency. (As amended Sept. 28, 1971, Pub. L. 92-129, title I, §101(a) (24) – (29), 85 Stat. 351, 352; Dec. 5, 1973, Pub. L. 93-176, § 3, 87 Stat. 693.) AMENDMENTS 1973 Subsec. (b) (4). Pub. L. 93-176 substituted "the provisions of chapter 51 and subchapter III of chapter 53 of Title 5 relating to classification and General Schedule pay rates, the basic pay" for "the Classification Act of 1949, the compensation" and struck out provisos that the compensation of employees of local boards and appeal boards may be fixed without regard to the Classification Act of 1949, that employees of local boards having supervisory duties with respect to other employees of one or more local boards be designated as the executive secretary of the local board or boards, and that the term of employment of executive secretaries not exceed ten years except when reappointed. 1971-Subsec. (a) (3). Pub. L. 92-129, § 101(a) (24), struck out provisions setting the compensation of the Director. Subsec. (b) (2). Pub. L. 92-129, § 101 (a) (25), added proviso that no State director shall serve concurrently in an elected or appointed position of a State or local government without the approval of the Director. Subsec. (b) (3). Pub. L. 92-129, § 101(a)(26), added provisions requiring that local boards and their staffs perform their duties only within the counties or political subdivisions for which they are established with special provisions for intercounty boards and the collocation or multiple use of staffs with executive approval, provided for board membership proportionately representative of the area served, reduced the maximums applicable to board members from 75 years of age or 25 years of service on the board to 65 years of age or 20 years of service respectively, and authorized local boards to include among their members any citizens otherwise qualified under Presidential regulations provided they are at least 18 years of age. Subsec. (e). Pub. L. 92-129, § 101(a)(27), struck out subsec. (e) which authorized the Chief of Finance of the United States Army to act as the fiscal, disbursing, and accounting agent of the Director. Subsec. (f). Pub. L. 92-129, § 101(a) (28), substituted "$500" for "$50". Subsec. (h). Pub. L. 92-129, § 101 (a) (29), added subsec. (h). EFFECTIVE DATE OF 1973 AMENDMENT Section 4 of Pub. L. 93-176 provided that: "This Act [amending this section and section 5102 of Title 5, and enacting provisions set out as notes under this section] shall take effect not later than the beginning of the first pay period which begins on or after the ninetieth day following the date of the enactment of this Act [Dec. 5, 1973]." COMPENSATION INCREASE FOR EMPLOYEES OF LOCAL OR Pub. L. 93-176, § 2, Dec. 5, 1973, 87 Stat. 693, provided that: "The rate of basic pay of each employee in a position under a local board or appeal board of the Selective Service System on and immediately prior to the effective date of this Act (designated as a date not later than the beginning of the first pay period which begins on or after the 90th day following Dec. 5, 1973] shall be adjusted, as of such effective date, under the provisions of section 5334(d) of title 5, United States Code." Ex. ORD. No. 11623. DELEGATION OF AUTHORITY TO ISSUE RULES AND REGULATIONS TO DIRECTOR OF SELECTIVE SERVICE Ex. Ord. No. 11623, Oct. 12, 1971, 36 F.R. 19963, provided: By virtue of the authority vested in me by the Constitution and statutes of the United States, including the Milltary Selective Service Act, as amended (50 U.S. Code App., sections 451 et seq., hereinafter referred to as the Act), and section 301 of title 3 of the United States Code, it is hereby ordered as follows: SECTION 1. The Director of Selective Service (hereinafter referred to as the Director) is authorized to prescribe the necessary rules and regulations to carry out the provisions of the Act. Regulations heretofore issued by the President to carry out such provisions shall continue in effect until amended or revoked by the Director pursuant to the authority conferred by this Order. SEC. 2. (a) In carrying out the provisions of this Order, the Director shall cause any rule or regulation which he proposes to issue hereunder to be published in the FEDERAL REGISTER as required by section 13 (b) of the Act [section 463 (b) of this Appendix]. Prior to such publication, the Director shall request the views of the Secretary of Defense, the Attorney General, the Secretary of Labor, the Secretary of Health, Education, and Welfare, the Secretary of Transportation (when the Coast Guard is serving under the Department of Transportation), the Director of the Office of Emergency Preparedness, and the Chairman of the National Selective Service Appeal Board with regard to such proposed rule or regulation, and shall allow not less than 10 days for the submission of such views before publication of the proposed rule or regulation. (b) Any proposed rule or regulation as published by the Director shall be furnished to the officials required to be consulted pursuant to subsection (a). The Director may (not less than 30 days after publication in the FEDERAL REGISTER) issue such rule or regulation as published unless, within 10 days after being furnished with the proposed rule or regulation as published, any such official shall notify the Director that he disagrees therewith and requests that the matter be referred to the President for decision. (c) Any rule or regulation issued by the Director pursuant to this Order shall be published in the FEDERAL REGISTER With (1) a statement reciting compliance with the prepublication requirement of section 13 (b) of the Act [section 463 (b) of this Appendix], and (2) either (i) approval of such rule or regulation by the President, or (ii) a certification of the Director that he has requested the views of the officials required to be consulted pursuant to subsection (a) and that none of them has timely requested that the matter be referred to the President for decision. Such rule or regulation shall be effective upon such publication in the FEDERAL REGISTER or on such later date as may be specified therein. SEC. 3. Nothing in this Order shall be deemed to (1) authorize the exercise by the Director of the President's authority to waive the requirements of section 13 (b) of the Act [section 463 (b) of this Appendix], or (ii) derogate from the authority of the President himself to waive the requirements of such section 13 (b), or (iii) derogate from the authority of the President himself to issue such rules or regulations as he may deem necessary to carry out the provisions of the Act. § 461. Emergency medical care. RICHARD NIXON. Under such rules and regulations as may be prescribed by the President, funds available to carry out the provisions of this title [sections 451, 453, 454, 455, 456, and 458 to 471a of this Appendix] shall also be available for the payment of actual and reasonable expenses of emergency medical care, including hospitalization, of registrants who suffer illness or injury, and the transportation and burial of the remains of registrants who suffer death, while acting under orders issued under the provisions of this title [said sections], but such burial expenses shall not exceed the maximum that the Administrator of Veterans' Affairs may pay under the provisions of section 902(a) of Title 38 in any one case. (As amended Sept. 28, 1971, Pub. L. 92-129, title I, § 101 (a) (30), 85 Stat. 352.) (d) No person shall be prosecuted, tried, or punished for evading, neglecting, or refusing to perform the duty of registering imposed by section 3 of this title [section 453 of this Appendix] unless the indictment is found within five years next after the last day before such person attains the age of twenty-six, or within five years next after the last day before such person does perform his duty to register, whichever shall first occur. (As amended Sept. 28, 1971, Pub. L. 92-129, title I, § 101(a) (31), 85 Stat. 352.) AMENDMENTS 1971-Subsec. (d). Pub. L. 92-129 added subsec. (d). § 463. Nonapplicability of certain laws. (b) All functions performed under this title [sections 451, 453, 454, 455, 456 and 458 to 471a of this Appendix] shall be excluded from the operation of the Administrative Procedure Act (60 Stat. 237) (g) (1) (3) The term "regular or duly ordained minister of religion" does not include a person who irregularly or incidentally preaches and teaches the principles of religion of a church, religious sect, or organization and does not include any person who may have been duly ordained a minister in accordance with the ceremonial, rite, or discipline of a church, religious sect or organization, but who does not regularly, as a bona fide vocation, teach and preach the principles of religion and administer the ordinances of public worship as embodied in the creed or principles of his church, sect, or organization. (As amended Sept. 28, 1971, Pub. L. 92-129, title I, § 101(a) (32), 85 Stat. 353.) REFERENCES IN TEXT This Act, referred to in subsec. (b), is act June 24, 1948, ch. 625, 62 Stat. 604, as amended. Title I of the Act, as amended, is classified to sections 451, 453, 454, 455, 456, and 458 to 471a of this Appendix. Title II of the Act was classified to various sections of former Title 10, Army and Air Force. See Tables volume. For location of such sections in revised Title 10, Armed Forces, see disposition table, set out at the beginning of Title 10, Armed Forces. (d) Except as provided in section 4 (c) [section 454 (c) of this Appendix], nothing contained in this title [sections 451, 453, 454, 455, 456 and 458 to 471a of this Appendix] shall be construed to repeal, amend, or suspend the laws now in force authorizing voluntary enlistment or reenlistment in the Armed Forces of the United States, including the reserve components thereof, except that no person shall be accepted for enlistment after he has been issued an order to report for induction unless authorized by the Director and the Secretary of Defense and except that, whenever the Congress or the President has declared that the national interest is imperiled, voluntary enlistment or reenlistment in such forces, and their reserve components, may be suspended by the President to such extent as he may deem necessary in the interest of national defense. (As amended Sept. 28, 1971, Pub. L. 92-129, title I, § 101(a) (33), 85 Stat. 353.) AMENDMENTS 1971-Subsec. (d). Pub. L. 92-129 added provision empowering the Director and the Secretary of Defense to authorize voluntary enlistments and reenlistments in the Armed Forces after a person has been issued an order to report for induction and struck out reference to section 454(g) of this Appendix. § 466. Definitions. When used in this title [sections 451, 453, 454, 455, 456 and 458 to 471a of this Appendix]— (As amended Sept. 28, 1971, Pub. L. 92-129, title I, § 101(a) (34), 85 Stat. 353.) AMENDMENTS 1971-Subsec. (g) (3). Pub. L. 92-129 inserted "bona fide" preceding "vocation". § 467. Repeals; appropriations; termination date. (c) Notwithstanding any other provisions of this title [sections 451, 453, 454, 455, 456 and 458 to 471a of this Appendix], no person shall be inducted for training and service in the Armed Forces after July 1, 1973, except persons now or hereafter deferred under section 6 of this title [section 456 of this Appendix] after the basis for such deferment ceases to exist. (As amended Sept. 28, 1971, Pub. L. 92-129, title I, § 101 (a) (35), 85 Stat. 353.) AMENDMENTS 1971-Subsec. (c). Pub. L. 92–129 extended the termination date from July 1, 1971, to July 1, 1973. EFFECTIVE DATE OF 1971 AMENDMENT Section 101(a)(35) of Pub. L. 92-129 provided in part that: "The amendment made by the preceding sentence [extending the termination date of the authority to induct and train persons for service in the Armed Forces from July 1, 1971, to July 1, 1973] shall take effect July 2, 1971." § 468. Utilization of industry. (a) Placement of orders; Congressional action: notification of Committees of certain proposed payment orders, resolution of disapproval, continuity of session, computation of period; definition of "small business". Whenever the President after consultation with and receiving advice from the National Security Resources Board determines that it is the interest of the national security for the Government to obtain prompt delivery of any articles or materials the procurement of which has been authorized by the Congress exclusively for the use of the armed forces of the United States, or for the use of the Atomic Energy Commission, he is authorized, through the head of any Government agency, to place with any person operating a plant, mine, or other facility capable of producing such articles or materials an order for such quantity of such articles or materials as the President deems appropriate, except that no order which requires payments thereunder in excess of $25,000,000 shall be placed with any person unless the Committees on Armed Services of the Senate and the House of Representatives have been notified in writing of such proposed order and 60 days of con tinuous session of Congress have expired following the date on which such notice was transmitted to such Committees and neither House of Congress has adopted, within such 60-day period, a resolution disapproving such order. For purposes of the preceding sentence, the continuity of a session of Congress is broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of such 60-day period. Any person with whom an order is placed pursuant to the provisions of this section shall be advised that such order is placed pursuant to the provisions of this section. Under any such program of national procurement, the President shall recognize the valid claim of American small business to participate in such contracts, in such manufactures, and in such distribution of materials, and small business shall be granted a fair share of the orders placed, exclusively for the use of the armed forces or for other Federal agencies now or hereafter designated in this section. For the purposes of this section, a business enterprise shall be determined to be "small business" if (1) its position in the trade or industry of which it is a part is not dominant, (2) the number of its employees does not exceed 500, and (3) it is independently owned and operated. (As amended Nov. 16, 1973, Pub. L. 93-155, title VIII, § 807(d), 87 Stat. 616.) AMENDMENTS 1973-Subsec. (a). Pub. L. 93-155 provided for notification of Congressional Committees with respect to certain proposed payment orders, Congressional resolution of disapproval, continuity of Congressional session, and computation of period. OBLIGATIONS ENTERED INTO BEFORE NOVEMBER 16, 1973 Amendment by Pub. L. 93-155 not affecting the carrying out of any contract, loan, guarantee, commitment, or other obligation entered into prior to Nov. 16, 1973, see section 807 (e) of Pub. L. 93-155, set out as a note under section 2307 of Title 10, Armed Forces. § 471a. Procedural rights. (a) It is hereby declared to be the purpose of this section to guarantee to each registrant asserting a claim before a local or appeal board, a fair hearing consistent with the informal and expeditious processing which is required by selective service cases. (b) Pursuant to such rules and regulations as the President may prescribe (1) Each registrant shall be afforded the opportunity to appear in person before the local or any appeal board of the Selective Service System to testify and present evidence regarding his status. (2) Subject to reasonable limitations on the number of witnesses and the total time allotted to each registrant, each registrant shall have the right to present witnesses on his behalf before the local board. (3) A quorum of any local board or appeal board shall be present during the registrant's personal appearance. (4) In the event of a decision adverse to the claim of a registrant, the local or appeal board making such decision shall, upon request, furnish to such registrant a brief written statement of the reasons (1) The term “person in the military service", the term "persons in military service", and the term "persons in the military service of the United States", as used in this Act [sections 501 to 548 and 560 to 591 of this Appendix], shall include the following persons and no other: All members of the Army of the United States, the United States Navy, the Marine Corps, the Coast Guard, and all officers of the Public Health Service detailed by proper authority for duty either with the Army or the Navy. The term "military service", as used in this Act [said sections], shall signify Federal service on active duty with any branch of service heretofore referred to or mentioned as well as training or education under the supervision of the United States preliminary to induction into the military service. The terms "active service" or "active duty” shall include the period during which a person in military service is absent from duty on account of sickness, wounds, leave, or other lawful cause. * (As amended Oct. 24, 1972, Pub. L. 92-540, title V, § 504 (1), 86 Stat. 1098.) AMENDMENTS 1972-Par. (1). Pub. L. 92–540 added provision relating to the term "person in the military service". EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-540 effective 90 days after Oct. 24, 1972, see section 601 (b) of Pub. L. 92-540, set out as a note under section 2001 of Title 38, Veterans' Benefits. ARTICLE V.-TAXES AND PUBLIC LANDS § 574. Residence for tax purposes. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 26 section 6362. ARTICLE VII.-FURTHER RELIEF § 591. Power of attorney. (a) Extension for period person in missing status. Notwithstanding any other provision of law, a power of attorney which— (1) was duly executed by a person in the military service who is in a missing status (as defined in section 551(2) of Title 37); (2) designates that person's spouse, parent, or other named relative as his attorney in fact for certain specified, or all, purposes; and (3) expires by its terms after that person entered a missing status, and before or after the effective date of this section; shall be automatically extended for the period that the person is in a missing status. (b) Limitation on extension. No power of attorney executed after the effective date of this section by a person in the military service may be extended under subsection (a) of this section if the document by its terms clearly indicates that the power granted expires on the date specified even though that person, after the date of execution of the document, enters a missing status. (c) Persons subject to coverage. This section applies only to persons in military service who executed powers of attorney during the Vietnam era (as defined in section 101(29) of Title 38). (Oct. 17, 1940, ch. 888, § 701, as added Oct. 24, 1972, Pub. L. 92-540, title V, § 504(2), 86 Stat. 1098.) EFFECTIVE DATE Section effective 90 days after Oct. 24, 1972, see section 601(b) of Pub. L. 92-540, set out as a note under section 2001 of Title 38, Veterans' Benefits. WAR AND DEFENSE CONTRACT ACTS ACT APR. 28, 1942, CH. 247, TITLE IV, § 403, 56 STAT. 245 § 1191. Renegotiation of contracts; determination and recovery of excess profits. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 22 section 2509. ACT MAR. 23, 1951, CH. 15, 65 STAT. 7 § 1212. Contracts subject to renegotiation. (c) Termination. (1) In general. The provisions of this title [sections 1211 to 1224 of this Appendix] shall apply only with respect to receipts and accruals, under contracts with the Departments and related subcontracts, which are determined under regulations prescribed by the Board to be reasonably attributable to performance prior to the close of the termination date. Notwithstanding the method of accounting employed by the contractor or subcontractor in keeping his records, receipts or accruals determined to be so attributable, even if received or accrued after the termination date, shall be considered as having been received or accrued not later than the termination date. For the purposes of this title [sections 1211 to 1224 of this Appendix], the term "termination date" means June 30, 1974. (As amended July 1, 1971, Pub. L. 92-41, § 1, 85 Stat. 97; July 9, 1973, Pub. L. 93-66, § 1, 87 Stat. 152.) AMENDMENTS 1973 Subsec. (c) (1). Pub. L. 93-66 extended termination date from June 30, 1973, to June 30, 1974. 1971-Subsec. (c) (1). Pub. L. 92-41 extended termination date from June 30, 1971, to June 30, 1973. § 1213. Definitions. For the purposes of this title [sections 1211 to 1224 of this Appendix] (f) Profits derived from contracts with the departments and subcontracts. The term "profits derived from contracts with the Departments and subcontracts" means the excess of the amount received or accrued under such contracts and subcontracts over the costs paid or incurred with respect thereto and determined to be allocable thereto. All items estimated to be allowed as deductions and exclusions under chapter 1 of the Internal Revenue Code [chapter 1 of Title 26, I.R.C. 1939] (excluding taxes measured by income) shall, to the extent allocable to such contracts and subcontracts, be allowed as items of cost, except that no amount shall be allowed as an item of cost by reason of the application of a carry-over or carry-back. Notwithstanding any other provision of this section, there shall be allowed as an item of cost in any fiscal year ending before December 31, 1956, subject to regulations of the Board, an amount equal to the excess, of any, of costs (computed without the application of this sentence) paid or incurred in the preceding fiscal year with respect to receipts or accruals subject to the provisions of this title [sections 12111224 of this Appendix] over the amount of receipts or accruals subject to the provisions of this title [sections 1211 to 1224 of this Appendix] which were received or accrued in such preceding fiscal year, but only to the extent that such excess did not result from gross inefficiency of the contractor or subcontractor. For the purposes of the preceding sentence, the term "preceding fiscal year" does not include any fiscal year ending prior to January 1, 1951. Costs shall be determined in accordance with the method of accounting regularly employed by the contractor or subcontractor in keeping his records, but, if no such method of accounting has been employed, or if the method so employed does not, in the opinion of the Board, or, upon redetermination, in the opinion of the Court of Claims, properly reflect such costs, such costs shall be determined in accordance with such method as in the opinion of the Board, or, upon redetermination, in the opinion of the Court of Claims, does properly reflect such costs. In determining the amount of excessive profit to be eliminated, proper adjustment shall be made on account of the taxes measured by income, other than Federal taxes, which are attributable to the portion of the profits which are not excessive. (i) Received or accrued and paid or incurred. The terms "received or accrued" and "paid or incurred" shall be construed according to the method of accounting employed by the contractor or subcontractor in keeping his records, but if no such method of accounting has been employed, or if the method so employed does not, in the opinion of the Board, or, upon redetermination, in the opinion of the Court of Claims, properly reflect his receipts or accruals or payments or obligations, such receipts or accruals or such payments or obligations shall be determined in accordance with such method as in the opinion of the Board, or, upon redetermina |