NATIONAL ADMINISTRATION

§ 1604.1 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 1949, 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.

(h) To purchase such printing, binding, and blankbook work from public, commercial, or private printing establishments or binderies upon orders placed by the Public Printer or upon waivers issued in accordance with section 12 of the Printing Act approved January 12, 1895, as amended, and to obtain by purchase, loan, or gift such equipment and supplies for the Selective Service System, as he may deem necessary to carry out the functions of the Selective Service

System, with or without advertising or formal contract.

TE O. 9979, 13 F. R. 4188, July 22, 1948, as amended by EO. 9992, 13 F.R. 5033, Aug. 31, 1648; E. O. 10202, 18 F. R. 391, Jan. 16, 1951. Redergrated at 14 P. R. 5021, Aug. 13, 1949] 1604.6 National Selective Service Appeal Board.

(a) There is hereby created and established within the Selective Service System a civilian agency of appeal which shall be known as the National Selective Service Appeal Board, hereafter in this section referred to as the National Board. The National Board shall consist of three members who shall be appointed by the President from among citizens of the United States who are not members of the armed forces, one of whom shall be designated by the President as the chairman.

(b) The National Board is authorized and directed to perform all the functions and duties vested in the President by that sentence of section 10 (b) (3) of title I of the Military Selective Service Act of 1967, which reads as follows: "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, and the determination of the President shall be final".

(c) The National Board shall be in all respects independent of the Director of Selective Service (except as provided in paragraph (d) of this section).

(d) The Director of Selective Service and the National Board shall each furnish to the other such information and assistance as will further the attainment of the objectives of title I of the Military Selective Service Act of 1967, and promote the effective administration of such title. The Director of Selective Service shall provide for the payment of the compensation and expenses of the members of the National Board and shall furnish the National Board suitable office space and other necessary facilities and services at the National Selective Service Headquarters.

(e) Each member of the National Board shall: (1) Devote so much time to the affairs of the National Board as its responsibilities may require, (2) be compensated as provided in paragraph (f) of this section, and (3) while away from his home or regular place of business, receive actual traveling expenses

and per diem in lieu of subsistence in accordance with rates established by Standardized Government Travel Regulations, as amended.

(f) The compensation of each member of the National Board shall be governed by the following: (1) The member shall be compensated at an hourly rate for such time as is actually spent by him in work of the National Board, without limitation as to the number of hours compensable in any one day, (2) the member shall be compensated at an hourly rate for travel time away from his home or regular place of business while en route to or from any meeting of the National Board or while otherwise traveling on business of the National Board, but the compensable time for any one trip to or from any such meeting or other business shall be limited to eight hours, (3) duties performed on, and travel time occurring on, Saturday and Sunday shall be compensable as if performed or occurring on any other day of the week, (4) the computation of such hourly rates shall be based on the appropriate annual rate under the Classification Act of 1949, and (5) the compensable hours per week, Sunday through the following Saturday, shall not exceed forty hours and the compensation in any pay period shall not exceed one twenty-sixth (1/26) of the governing annual rate of compensation.

[E. O. 10116, 15 F. R. 1330, Mar. 11, 1950, as amended by E. O. 10292, 16 F. R. 9862, Sept. 28, 1951; E.O. 11360, 32 F.R. 9787, July 4, 1967]

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.

[E. O. 9979, 13 F. R. 4188, July 22, 1948. Redesignated at 14 F. R. 5021, Aug. 13, 1949] § 1604.12 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. [E.O. 9979, 13 F.R. 4188, July 22, 1948. Redesignated at 14 F. R. 5021, Aug. 13, 1949] § 1604.13 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 as 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 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. 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.

[E. O. 10292, 16 F. R. 9862, Sept. 28, 1951] ~

§ 1604.14 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.

[E. O. 9979, 13 F. R. 4188, July 22, 1948. Redesignated at 14 F. R. 5021, Aug. 18, 1949] APPEAL BOARDS

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.

[E.O. 10837, 24 F.R. 7506, Sept. 17, 1959] § 1604.22

ment.

Composition

and appoint

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 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 of age. No member shall serve on an appeal board for more than twenty-five years, or after he has attained the age of seventy-five years. 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

principal place of employment is located in its area or submitted to it in the manner required by law.

[E. O. 9979, 13 F. R. 4188, July 22, 1948. Redesignated at 14 F. R. 5021, Aug. 13, 1949] § 1604.25 Disqualification.

No member of an appeal board shall act on the case of a registrant who is his first cousin or closer relation, either by blood, marriage, or adoption, or who is an employer, employee, or fellow employee, or stands in the relationship of superior or subordinate in connection with any employment, or is a partner or close business associate of the member. If because of such provision, or for any other reason, an appeal board cannot act on the case of a registrant, and there is no panel of the appeal board to which the case may be transferred, the appeal board shall transmit such case to the State Director of Selective Service for transfer to another appeal board.

[13 F. R. 4420, July 31, 1948. Redesignated at 14 F. R. 5021, Aug. 18, 1949]

§ 1604.26 Organization and meeting.

Each appeal board or panel shall elect a chairman and a secretary. A majority of the members of an appeal board or panel when present at any meeting shall constitute a quorum for the transaction of business. A majority of the members present at any meeting at which a quorum is present shall decide any question. Every member present, unless disqualified, shall vote on every question or classification. In case of a tie vote on a question or classification, the board shall postpone action until it can be decided by a majority vote. If any member is absent so long as to hamper the work of the board, the chairman of the board or panel concerned shall recommend to the State Director of Selective Service that such member be removed and a new member appointed. [13 F. R. 4420, July 31, 1948. Redesignated at 14 F. R. 5021, Aug. 13, 1949]

§ 1604.27 Minutes of meetings.

Each appeal board or panel of an appeal board shall keep minutes of each of its meetings.

[13 F. R. 4420, July 31, 1948. Redesignated at 14 F. R. 5021, Aug. 13, 1949]

§ 1604.28 Signing official papers.

Official papers issued by an appeal board or panel may be signed by the clerk "By direction of the Appeal Board”,

if he is authorized to do so by a resolution duly adopted by and entered in the minutes of such appeal board or panel; Provided, That the chairman or a member of an appeal board or panel must sign a particular paper when specifically required to do so by the provisions of a regulation or by an instruction issued by the Director of Selective Service.

[13 F. R. 4420, July 31, 1948. Redesignated at 14 F. R. 5021, Aug. 13, 1949]

MEDICAL ADVISORS TO THE STATE DIRECTORS OF SELECTIVE SERVICE

§ 1604.31 Medical advisors to the State Directors of Selective Service.

The President may appoint, upon recommendation of the Governor, from qualified physicians, one or more medical advisors to each State Director of Selective Service. It shall be the duty of such medical advisors to furnish such advice concerning the physical and mental condition of registrants as the State Director of Selective Service may require. [E. O. 9979, 13 F. R. 4188, July 22, 1948. Redesignated at 14 F. R. 5021, Aug. 13, 1949]

ADVISORS TO REGISTRANTS

§ 1604.41

Appointment and duties.

Advisors to registrants may 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.

[E. O. 10594, 20 F. R. 740, Feb. 3, 1955]

establishment of such local board area will result in a more efficient and economical operation.

[E. O. 10363, 17 F. R. 5456, June 18, 1952] § 1604.52 Composition and appoint

ment.

(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 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.

(d) No member shall serve on any local board for more than twenty-five years, or after he has attained the age of seventy-five years.

[E.O. 9979, 13 F.R. 4188, July 22, 1948; E.O. 11360, 32 F.R. 9787, July 4, 1967. Redesignated at 14 FR. 5021, Aug. 13, 1949] § 1604.52a Panels of local boards.

(a) Whenever the State Director of Selective Service determines that the work load of a local board has become too great to be handled without undue delay, he is authorized to establish panels of such local board in such number as he may determine, but not to exceed one panel for each three local board members. The jurisdiction of each such panel shall be the same as the jurisdiction of the local board subject to the limitations contained hereafter in this section.

(b) Whenever the State Director of Selective Service establishes panels in a local board, the chairman of such local board shall assign at least three members of the local board to each such panel. Each local board member, including the chairman, shall be assigned to a panel. No member shall be assigned to more than one panel at the same time.

(c) The chairman of the local board shall not alter the assignment of members of the local board to panels with