§ 461 TITLE 50, APPENDIX—WAR AND NATIONAL DEFENSE Page 86 COMPENSATION INCREASES FOR EMPLOYEES OF LOCAL REGISTER with (1) a statement reciting compliance OR APPEAL BOARDS with the prepublication requirement of section 13(b) of the Act [section 463(b) of this Appendix], and (2) either Section 2 of Pub. L. 93–176 provided that: ‘‘The rate of (i) approval of such rule or regulation by the President, basic pay of each employee in a position under a local or (ii) a certification of the Director that he has re- board or appeal board of the Selective Service System quested the views of the officials required to be con- on and immediately prior to the effective date of this sulted pursuant to subsection (a) and that none of them Act [designated as a date not later than the beginning has timely requested that the matter be referred to the of the first pay period which begins on or after the 90th President for decision. Such rule or regulation shall be day following Dec. 5, 1973] shall be adjusted, as of such effective upon such publication in the FEDERAL REG- effective date, under the provisions of section 5334(d) of ISTER or on such later date as may be specified therein. title 5, United States Code.’’ Act June 5, 1952, ch. 369, Ch. VII, § 701, 66 Stat. 109, au- SEC. 3. Nothing in this Order shall be deemed to (i) thorized increases in the rate of compensation of any authorize the exercise by the Director of the Presi- employees of local or appeal boards effective as of the dent’s authority to waive the requirements of section first day of the first pay period which began after June 13(b) of the Act [section 463(b) of this Appendix], or (ii) 30, 1951 and within ninety days from June 5, 1952, pursu- derogate from the authority of the President himself to ant to the authority contained in section 460 of this Ap- waive the requirements of such section 13(b), or (iii) pendix. derogate from the authority of the President himself to issue such rules or regulations as he may deem nec- COMPENSATION OF DIRECTOR OF SELECTIVE SERVICE essary to carry out the provisions of the Act. Compensation of Director, see section 5315 of Title 5, § 461. Emergency medical care Government Organization and Employees. Under such rules and regulations as may be EX. ORD. NO. 10271. DELEGATION OF PRESIDENT’S AUTHORITY prescribed by the President, funds available to carry out the provisions of this title [sections Ex. Ord. No. 10271, July 7, 1951, 16 F.R. 6659, set out as 451 to 471a of this Appendix] shall also be avail- a note under section 471 of this Appendix, delegates to the Secretary of Defense the President’s authority to able for the payment of actual and reasonable order members and units of Reserve components into expenses of emergency medical care, including active Federal service. hospitalization, of registrants who suffer illness or injury, and the transportation and burial of EX. ORD. NO. 11623. DELEGATION OF AUTHORITY TO ISSUE the remains of registrants who suffer death, RULES AND REGULATIONS TO DIRECTOR OF SELECTIVE SERVICE while acting under orders issued under the pro- visions of this title [said sections], but such bur- Ex. Ord. No. 11623, Oct. 12, 1971, 36 F.R. 19963, as ial expenses shall not exceed the maximum that amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No. 13286, § 60, Feb. 28, 2003, 68 F.R. 10629, the Secretary of Veterans Affairs may pay under provided: the provisions of section 2302(a) of title 38, By virtue of the authority vested in me by the Con- United States Code, in any one case. stitution and statutes of the United States, including (June 24, 1948, ch. 625, title I, § 11, 62 Stat. 621; the Military Selective Service Act, as amended (50 U.S. Code App., sections 451 et seq., hereinafter referred to as Pub. L. 92–129, title I, § 101(a)(30), Sept. 28, 1971, the Act), and section 301 of title 3 of the United States 85 Stat. 352; Pub. L. 102–54, § 13(t), June 13, 1991, Code, it is hereby ordered as follows: 105 Stat. 282; Pub. L. 102–83, § 5(c)(2), Aug. 6, 1991, SECTION 1. The Director of Selective Service (herein- 105 Stat. 406.) after referred to as the Director) is authorized to pre- scribe the necessary rules and regulations to carry out AMENDMENTS the provisions of the Act. Regulations heretofore issued 1991—Pub. L. 102–83 substituted ‘‘section 2302(a) of by the President to carry out such provisions shall con- title 38’’ for ‘‘section 902(a) of title 38’’. tinue in effect until amended or revoked by the Direc- Pub. L. 102–54 substituted ‘‘Secretary of Veterans Af- tor pursuant to the authority conferred by this Order. fairs’’ for ‘‘Administrator of Veterans’ Affairs’’. SEC. 2. (a) In carrying out the provisions of this 1971—Pub. L. 92–129 substituted ‘‘the maximum that Order, the Director shall cause any rule or regulation the Administrator of Veterans’ Affairs may pay under which he proposes to issue hereunder to be published in the provisions of section 902(a) of title 38, United States the FEDERAL REGISTER as required by section 13(b) of Code’’ for ‘‘$150’’. the Act [section 463(b) of this Appendix]. Prior to such publication, the Director shall request the views of the § 462. Offenses and penalties Secretary of Defense, the Attorney General, the Sec- retary of Labor, the Secretary of Health and Human (a) Any member of the Selective Service Sys- Services, the Secretary of Homeland Security (when tem or any other person charged as herein pro- the Coast Guard is serving under the Department of vided with the duty of carrying out any of the Homeland Security), the Director of the Office of Emer- provisions of this title [sections 451 to 471a of gency Preparedness, and the Chairman of the National this Appendix], or the rules or regulations made Selective Service Appeal Board with regard to such or directions given thereunder, who shall know- proposed rule or regulation, and shall allow not less ingly fail or neglect to perform such duty, and than 10 days for the submission of such views before publication of the proposed rule or regulation. any person charged with such duty, or having (b) Any proposed rule or regulation as published by and exercising any authority under said title the Director shall be furnished to the officials required [said sections], rules, regulations, or directions to be consulted pursuant to subsection (a). The Direc- who shall knowingly make, or be a party to the tor may (not less than 30 days after publication in the making, of any false, improper, or incorrect reg- FEDERAL REGISTER) issue such rule or regulation as istration, classification, physical or mental ex- published unless, within 10 days after being furnished amination, deferment, induction, enrollment, or with the proposed rule or regulation as published, any muster, and any person who shall knowingly such official shall notify the Director that he disagrees therewith and requests that the matter be referred to make, or be a party to the making, of any false the President for decision. statement or certificate regarding or bearing (c) Any rule or regulation issued by the Director pur- upon a classification or in support of any re- suant to this Order shall be published in the FEDERAL quest for a particular classification, for service Page 87 TITLE 50, APPENDIX—WAR AND NATIONAL DEFENSE § 462 under the provisions of this title [said sections], have or to have had possession of any certificate or rules, regulations, or directions made pursu- not duly issued to him, such possession shall be ant thereto, or who otherwise evades or refuses deemed sufficient evidence to establish an in- registration or service in the armed forces or tent to use such certificate for purposes of false any of the requirements of this title [said sec- identification or representation, unless the de- tions], or who knowingly counsels, aids, or abets fendant explains such possession to the satisfac- another to refuse or evade registration or serv- tion of the jury. ice in the armed forces or any of the require- (c) The Department of Justice shall proceed as ments of this title [said sections], or of said expeditiously as possible with a prosecution rules, regulations, or directions, or who in any under this section, or with an appeal, upon the manner shall knowingly fail or neglect or refuse request of the Director of Selective Service Sys- to perform any duty required of him under or in tem or shall advise the House of Representatives the execution of this title [said sections], or and the Senate in writing the reasons for its rules, regulations, or directions made pursuant failure to do so. to this title [said sections], or any person or per- (d) No person shall be prosecuted, tried, or sons who shall knowingly hinder or interfere or punished for evading, neglecting, or refusing to attempt to do so in any way, by force or vio- perform the duty of registering imposed by sec- lence or otherwise, with the administration of tion 3 of this title [section 453 of this Appendix] this title [said sections] or the rules or regula- unless the indictment is found within five years tions made pursuant thereto, or who conspires next after the last day before such person at- to commit any one or more of such offenses, tains the age of twenty-six, or within five years shall, upon conviction in any district court of next after the last day before such person does the United States of competent jurisdiction, be perform his duty to register, whichever shall punished by imprisonment for not more than first occur.