CITE

    50 USC APPENDIX Sec. 462                                    01/08/2008

EXPCITE

    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MILITARY SELECTIVE SERVICE ACT
    ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

HEAD

    Sec. 462. Offenses and penalties

STATUTE

      (a) Any member of the Selective Service System or any other
    person charged as herein provided with the duty of carrying out any
    of the provisions of this title [sections 451 to 471a of this
    Appendix], or the rules or regulations made or directions given
    thereunder, who shall knowingly fail or neglect to perform such
    duty, and any person charged with such duty, or having and
    exercising any authority under said title [said sections], rules,
    regulations, or directions who shall knowingly make, or be a party
    to the making, of any false, improper, or incorrect registration,
    classification, physical or mental examination, deferment,
    induction, enrollment, or muster, and any person who shall
    knowingly make, or be a party to the making, of any false statement
    or certificate regarding or bearing upon a classification or in
    support of any request for a particular classification, for service
    under the provisions of this title [said sections], or rules,
    regulations, or directions made pursuant thereto, or who otherwise
    evades or refuses registration or service in the armed forces or
    any of the requirements of this title [said sections], or who
    knowingly counsels, aids, or abets another to refuse or evade
    registration or service in the armed forces or any of the
    requirements of this title [said sections], or of said rules,
    regulations, or directions, or who in any manner shall knowingly
    fail or neglect or refuse to perform any duty required of him under
    or in the execution of this title [said sections], or rules,
    regulations, or directions made pursuant to this title [said
    sections], or any person or persons who shall knowingly hinder or
    interfere or attempt to do so in any way, by force or violence or
    otherwise, with the administration of this title [said sections] or
    the rules or regulations made pursuant thereto, or who conspires to
    commit any one or more of such offenses, shall, upon conviction in
    any district court of the United States of competent jurisdiction,
    be punished by imprisonment for not more than five years or a fine
    of not more than $10,000, or by both such fine and imprisonment, or
    if subject to military or naval law may be tried by court martial,
    and, on conviction, shall suffer such punishment as a court martial
    may direct. No person shall be tried by court martial in any case
    arising under this title [said sections] unless such person has
    been actually inducted for the training and service prescribed
    under this title [said sections] or unless he is subject to trial
    by court martial under laws in force prior to the enactment of this
    title [June 24, 1948].
      (b) Any person (1) who knowingly transfers or delivers to
    another, for the purpose of aiding or abetting the making of any
    false identification or representation, any registration
    certificate, alien's certificate of nonresidence, or any other
    certificate issued pursuant to or prescribed by the provisions of
    this title [sections 451 to 471a of this Appendix], or rules or
    regulations promulgated hereunder; or (2) who, with intent that it
    be used for any purpose of false identification or representation,
    has in his possession any such certificate not duly issued to him;
    or (3) who forges, alters, knowingly destroys, knowingly mutilates,
    or in any manner changes any such certificate or any notation duly
    and validly inscribed thereon; or (4) who, with intent that it be
    used for any purpose of false identification or representation,
    photographs, prints, or in any manner makes or executes any
    engraving, photograph, print, or impression in the likeness of any
    such certificate, or any colorable imitation thereof; or (5) who
    has in his possession any certificate purporting to be a
    certificate issued pursuant to this title [said sections], or rules
    and regulations promulgated hereunder, which he knows to be falsely
    made, reproduced, forged, counterfeited, or altered; or (6) who
    knowingly violates or evades any of the provisions of this title
    [said sections] or rules and regulations promulgated pursuant
    thereto relating to the issuance, transfer, or possession of such
    certificate, shall, upon conviction, be fined not to exceed $10,000
    or be imprisoned for not more than five years, or both. Whenever on
    trial for a violation of this subsection the defendant is shown to
    have or to have had possession of any certificate not duly issued
    to him, such possession shall be deemed sufficient evidence to
    establish an intent to use such certificate for purposes of false
    identification or representation, unless the defendant explains
    such possession to the satisfaction of the jury.
      (c) The Department of Justice shall proceed as expeditiously as
    possible with a prosecution under this section, or with an appeal,
    upon the request of the Director of Selective Service System or
    shall advise the House of Representatives and the Senate in writing
    the reasons for its failure to do so.
      (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.
      (e) The President may require the Secretary of Health and Human
    Services to furnish to the Director, from records available to the
    Secretary, the following information with respect to individuals
    who are members of any group of individuals required by a
    proclamation of the President under section 3 [section 453 of this
    Appendix] to present themselves for and submit to registration
    under such section: name, date of birth, social security account
    number, and address. Information furnished to the Director by the
    Secretary under this subsection shall be used only for the purpose
    of the enforcement of this Act.
      (f)(1) Except as provided in subsection (g), any person who is
    required under section 3 [section 453 of this Appendix] to present
    himself for and submit to registration under such section and fails
    to do so in accordance with any proclamation issued under such
    section, or in accordance with any rule or regulation issued under
    such section, shall be ineligible for any form of assistance or
    benefit provided under title IV of the Higher Education Act of 1965
    [20 U.S.C. 1070 et seq.; 42 U.S.C. 2751 et seq.].
      (2) In order to receive any grant, loan, or work assistance under
    title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et
    seq. [and 42 U.S.C. 2751 et seq.]), a person who is required under
    section 3 [section 453 of this Appendix] to present himself for and
    submit to registration under such section shall file with the
    institution of higher education which the person intends to attend,
    or is attending, a statement of compliance with section 3 and
    regulations issued thereunder.
      (3) The Secretary of Education, in agreement with the Director,
    shall prescribe methods for verifying such statements of compliance
    filed pursuant to paragraph (2). Such methods may include requiring
    institutions of higher education to provide a list to the Secretary
    of Education or to the Director of persons who have submitted such
    statements of compliance.
      (4) The Secretary of Education, in consultation with the
    Director, shall issue regulations to implement the requirements of
    this subsection. Such regulations shall provide that any person to
    whom the Secretary of Education proposes to deny assistance or
    benefits under title IV [20 U.S.C. 1070 et seq.; 42 U.S.C. 2751 et
    seq.] for failure to meet the registration requirements of section
    3 [section 453 of this Appendix] and regulations issued thereunder
    shall be given notice of the proposed denial and shall have a
    suitable period (of not less than thirty days) after such notice to
    provide the Secretary with information and materials establishing
    that he has complied with the registration requirement under
    section 3. Such regulations shall also provide that the Secretary
    may afford such person an opportunity for a hearing to establish
    his compliance or for any other purpose.
      (g) A person may not be denied a right, privilege, or benefit
    under Federal law by reason of failure to present himself for and
    submit to registration under section 3 [section 453 of this
    Appendix] if -
        (1) the requirement for the person to so register has
      terminated or become inapplicable to the person; and
        (2) the person shows by a preponderance of the evidence that
      the failure of the person to register was not a knowing and
      willful failure to register.

SOURCE

    (June 24, 1948, ch. 625, title I, Sec. 12, 62 Stat. 622; Pub. L. 89-
    152, Aug. 30, 1965, 79 Stat. 586; Pub. L. 90-40, Sec. 1(11), June
    30, 1967, 81 Stat. 105; Pub. L. 92-129, title I, Sec. 101(a)(31),
    Sept. 28, 1971, 85 Stat. 352; Pub. L. 97-86, title IX, Sec. 916(b),
    Dec. 1, 1981, 95 Stat. 1129; Pub. L. 97-252, title XI, Sec.
    1113(a), Sept. 8, 1982, 96 Stat. 748; Pub. L. 98-620, title IV,
    Sec. 402(54), Nov. 8, 1984, 98 Stat. 3361; Pub. L. 99-661, div. A,
    title XIII, Sec. 1366, Nov. 14, 1986, 100 Stat. 4002.)

REFERENCES IN TEXT

      This Act, referred to in subsec. (e), is act June 24, 1948, ch.
    625, 62 Stat. 604, as amended, known as the Military Selective
    Service Act. For complete classification of this Act to the Code,
    see References in Text note set out under section 451 of this
    Appendix and Tables.
      The Higher Education Act of 1965, referred to in subsec. (f), is
    Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended. Title IV
    of the Higher Education Act of 1965 is classified generally to
    subchapter IV (Sec. 1070 et seq.) of chapter 28 of Title 20,
    Education, and part C (Sec. 2751 et seq.) of subchapter I of
    chapter 34 of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1001 of Title 20 and Tables.

AMENDMENTS

      1986 - Subsec. (f)(1). Pub. L. 99-661, Sec. 1366(1), substituted
    "Except as provided in subsection (g), any person" for "Any
    person".
      Subsec. (g). Pub. L. 99-661, Sec. 1366(2), added subsec. (g).
      1984 - Subsec. (a). Pub. L. 98-620 struck out sentence at end
    requiring that precedence be given by courts to the trial of cases
    arising under sections 451 to 471a of this Appendix, and that such
    cases had to be advanced on the docket for immediate hearing, and
    that an appeal from the decision or decree of any United States
    district court or United States court of appeals would take
    precedence over all other cases pending before the court to which
    the case had been referred.
      1982 - Subsec. (f). Pub. L. 97-252 added subsec. (f).
      1981 - Subsec. (e). Pub. L. 97-86 added subsec. (e).
      1971 - Subsec. (d). Pub. L. 92-129 added subsec. (d).
      1967 - Subsec. (a). Pub. L. 90-40, Sec. 1(11)(a), struck out
    requirement that a request of the Attorney General precede the
    granting of precedence to the trial of cases arising under this
    title and inserted provision that appeals from a decision or decree
    of any United States District Court or United States Court of
    Appeals take precedence over all other cases pending before the
    court to which the case has been referred.
      Subsec. (c). Pub. L. 90-40, Sec. 1(11)(b), added subsec. (c).
      1965 - Subsec. (b)(3). Pub. L. 89-152 prohibited a person from
    knowingly destroying or knowingly mutilating any registration
    certificate or other prescribed certificate.
                     EFFECTIVE DATE OF 1984 AMENDMENT
      Amendment by Pub. L. 98-620 not applicable to cases pending on
    Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as a note
    under section 1657 of Title 28, Judiciary and Judicial Procedure.
                     EFFECTIVE DATE OF 1982 AMENDMENT
      Section 1113(b) of Pub. L. 97-252 provided that: "The amendment
    made by subsection (a) [amending this section] shall apply to
    loans, grants, or work assistance under title IV of the Higher
    Education Act [20 U.S.C. 1070 et seq.; 42 U.S.C. 2751 et seq.] for
    periods of instruction beginning after June 30, 1983."
      STUDY ON COMPLIANCE OF HEALTH PROFESSIONS SCHOOLS WITH MILITARY
                           SELECTIVE SERVICE ACT
      Pub. L. 99-129, title II, Sec. 222, Oct. 22, 1985, 99 Stat. 544,
    directed Secretary of Health and Human Services, in cooperation
    with Director of Selective Service, to conduct a study to determine
    if health professions schools are engaged in a pattern or practice
    of failure to comply with section 12(f) of the Military Selective
    Service Act (50 U.S.C. App. 462(f)) (or regulations issued under
    such section) or are engaged in a pattern or practice of providing
    loans or work assistance to persons who are required to register
    under section 3 of such Act [50 U.S.C. App. 453] (and any
    proclamation of the President and regulations prescribed under that
    section) and have not so registered with Secretary and to complete
    the study and report its results to Congress not later than one
    year after Oct. 22, 1985.
        ADVERTISING PROHIBITION ON SPECIAL DISCHARGE REVIEW PROGRAM
      Pub. L. 95-79, title VIII, Sec. 810, July 30, 1977, 91 Stat. 335,
    prohibited the use of funds authorized or appropriated under this
    or any other Act to purchase advertising of the special discharge
    review program.

EXECUTIVE ORDER

    PROC. NO. 4313. PROGRAM FOR RETURN OF VIETNAM ERA DRAFT EVADERS AND
                            MILITARY DESERTERS
      Proc. No. 4313, Sept. 16, 1974, 39 F.R. 33293, 88 Stat. 2504, as
    amended by Proc. No. 4345, Jan. 30, 1975, 40 F.R. 4893, 89 Stat.
    1236; Proc. No. 4353, Feb. 28, 1975, 40 F.R. 8931, 10433, 89 Stat.
    1246, provided:
      The United States withdrew the last of its forces from the
    Republic of Vietnam on March 28, 1973.
      In the period of its involvement in armed hostilities in
    Southeast Asia, the United States suffered great losses. Millions
    served their country, thousands died in combat, thousands more were
    wounded, others are still listed as missing in action.
      Over a year after the last American combatant had left Vietnam,
    the status of thousands of our countrymen - convicted, charged,
    investigated or still sought for violations of the Military
    Selective Service Act [see References in Text note set out under
    section 451 of this Appendix] or of the Uniform Code of Military
    Justice [10 U.S.C. 801 et seq.] - remains unresolved.
      In furtherance of our national commitment to justice and mercy
    these young Americans should have the chance to contribute a share
    to the rebuilding of peace among ourselves and with all nations.
    They should be allowed the opportunity to earn return to their
    country, their communities, and their families, upon their
    agreement to a period of alternate service in the national
    interest, together with an acknowledgment of their allegiance to
    the country and its Constitution.
      Desertion in time of war is a major, serious offense; failure to
    respond to the country's call for duty is also a serious offense.
    Reconciliation among our people does not require that these acts be
    condoned. Yet, reconciliation calls for an act of mercy to bind the
    Nation's wounds and to heal the scars of divisiveness.
      NOW, THEREFORE, I, GERALD R. FORD, President of the United
    States, pursuant to my powers under Article II, Sections 1, 2 and 3
    of the Constitution, do hereby proclaim a program to commence
    immediately to afford reconciliation to Vietnam era draft evaders
    and military deserters upon the following terms and conditions:
      1. Draft Evaders - An individual who allegedly unlawfully failed
    under the Military Selective Service Act [see References in Text
    note set out under section 451 of this Appendix] or any rule or
    regulation promulgated thereunder, to register or register on time,
    to keep the local board informed of his current address, to report
    for or submit to preinduction or induction examination, to report
    for or submit to induction itself, or to report for or submit to,
    or complete service under section 6(j) of such Act [section 456(j)
    of this Appendix] during the period from August 4, 1964 to March
    28, 1973, inclusive, and who has not been adjudged guilty in a
    trial for such offense, will be relieved of prosecution and
    punishment for such offense if he:
        (i) presents himself to a United States Attorney before March
      31, 1975,
        (ii) executes an agreement acknowledging his allegiance to the
      United States and pledging to fulfill a period of alternate
      service under the auspices of the Director of Selective Service,
      and
        (iii) satisfactorily completes such service.
    The alternate service shall promote the national health, safety, or
    interest. No draft evader will be given the privilege of completing
    a period of alternate service by service in the Armed Forces.
      However, this program will not apply to an individual who is
    precluded from re-entering the United States under 8 U.S.C.
    1182(a)(22) or other law. Additionally, if individuals eligible for
    this program have other criminal charges outstanding, their
    participation in the program may be conditioned upon, or postponed
    until after, final disposition of the other charges has been
    reached in accordance with law.
      The period of service shall be twenty-four months, which may be
    reduced by the Attorney General because of mitigating
    circumstances.
      2. Military Deserters - A member of the armed forces who has been
    administratively classified as a deserter by reason of unauthorized
    absence and whose absence commenced during the period from August
    4, 1964 to March 28, 1973, inclusive, will be relieved of
    prosecution and punishment under Articles 85, 86 and 87 of the
    Uniform Code of Military Justice [10 U.S.C. 885, 886, 887] for such
    absence and for offenses directly related thereto if before March
    31, 1975 he takes an oath of allegiance to the United States and
    executes an agreement with the Secretary of the Military Department
    from which he absented himself or for members of the Coast Guard,
    with the Secretary of Transportation, pledging to fulfill a period
    of alternate service under the auspices of the Director of
    Selective Service. The alternate service shall promote the national
    health, safety, or interest.
      The period of service shall be twenty-four months, which may be
    reduced by the Secretary of the appropriate Military Department, or
    Secretary of Transportation for members of the Coast Guard, because
    of mitigating circumstances.
      However, if a member of the armed forces has additional
    outstanding charges pending against him under the Uniform Code of
    Military Justice [10 U.S.C. 801 et seq.], his eligibility to
    participate in this program may be conditioned upon, or postponed
    until after, final disposition of the additional charges has been
    reached in accordance with law.
      Each member of the armed forces who elects to seek relief through
    this program will receive an undesirable discharge. Thereafter,
    upon satisfactory completion of a period of alternate service
    prescribed by the Military Department or Department of
    Transportation, such individual will be entitled to receive, in
    lieu of his undesirable discharge, a clemency discharge in
    recognition of his fulfillment of the requirements of the program.
    Such clemency discharge shall not bestow entitlement to benefits
    administered by the Veterans Administration.
      Procedures of the Military Departments implementing this
    Proclamation will be in accordance with guidelines established by
    the Secretary of Defense, present Military Department regulations
    notwithstanding.
      3. Presidential Clemency Board - By Executive Order I have this
    date established a Presidential Clemency Board which will review
    the records of individuals within the following categories: (i)
    those who have been convicted of draft evasion offenses as
    described above, (ii) those who have received a punitive or
    undesirable discharge from service in the armed forces for having
    violated Article 85, 86, or 87 of the Uniform Code of Military
    Justice [10 U.S.C. 885, 886, 887] between August 4, 1964 and March
    28, 1973, or are serving sentences of confinement for such
    violations. Where appropriate, the Board may recommend that
    clemency be conditioned upon completion of a period of alternate
    service. However, if any clemency discharge is recommended, such
    discharge shall not bestow entitlement to benefits administered by
    the Veterans Administration.
      4. Alternate Service - In prescribing the length of alternate
    service in individual cases, the Attorney General, the Secretary of
    the appropriate Department, or the Clemency Board shall take into
    account such honorable service as an individual may have rendered
    prior to his absence, penalties already paid under law, and such
    other mitigating factors as may be appropriate to seek equity among
    those who participate in this program.
      IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth
    day of September in the year of our Lord nineteen hundred seventy-
    four, and of the Independence of the United States of America the
    one hundred and ninety-nineth.
                                                         Gerald R. Ford.
      PROC. NO. 4483. PARDON FOR VIOLATIONS OF ACT, AUGUST 4, 1964 TO
                              MARCH 28, 1973
      Proc. No. 4483, Jan. 21, 1977, 42 F.R. 4391, 91 Stat. 1719,
    provided:
      Acting pursuant to the grant of authority in Article II, Section
    2, of the Constitution of the United States, I, Jimmy Carter,
    President of the United States, do hereby grant a full, complete
    and unconditional pardon to: (1) all persons who may have committed
    any offense between August 4, 1964 and March 28, 1973 in violation
    of the Military Selective Service Act [see References in Text note
    set out under section 451 of this Appendix] or any rule or
    regulation promulgated thereunder; and (2) all persons heretofore
    convicted, irrespective of the date of conviction, of any offense
    committed between August 4, 1964 and March 28, 1973 in violation of
    the Military Selective Service Act, or any rule or regulation
    promulgated thereunder, restoring to them full political, civil and
    other rights.
      This pardon does not apply to the following who are specifically
    excluded therefrom:
        (1) All persons convicted of or who may have committed any
      offense in violation of the Military Selective Service Act, or
      any rule or regulation promulgated thereunder, involving force or
      violence; and
        (2) All persons convicted of or who may have committed any
      offense in violation of the Military Selective Service Act, or
      any rule or regulation promulgated thereunder, in connection with
      duties or responsibilities arising out of employment as agents,
      officers or employees of the Military Selective Service system.
      IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of
    January, in the year of our Lord nineteen hundred and seventy-
    seven, and of the Independence of the United States of America the
    two hundred and first.
                                                           Jimmy Carter.
     EX. ORD. NO. 11803. CLEMENCY BOARD TO REVIEW CERTAIN CONVICTIONS
                              AND DISCHARGES
      Ex. Ord. No. 11803, Sept. 16, 1974, 39 F.R. 33297, as amended by
    Ex. Ord. No. 11837, Jan. 30, 1975, 40 F.R. 4895; Ex. Ord. No.
    11842, Feb. 28, 1975, 40 F.R. 8935; Ex. Ord. No. 11857, May 7,
    1975, 40 F.R. 20261; Ex. Ord. No. 11878, Sept. 10, 1975, 40 F.R.
    42731, provided:
      By virtue of the authority vested in me as President of the
    United States by Section 2 of Article II of the Constitution of the
    United States, and in the interest of the internal management of
    the Government, it is ordered as follows:
      Section 1. There is hereby established in the Executive Office of
    the President a board of 9 members, which shall be known as the
    Presidential Clemency Board. The members of the Board shall be
    appointed by the President, who shall also designate its Chairman.
    The President may appoint such additional members to the board as
    he shall from time to time determine to be necessary to carry out
    its functions.
      Sec. 2. The Board, under such regulations as it may prescribe,
    shall examine the cases of persons who apply for Executive clemency
    prior to March 31, 1975, and who (i) have been convicted of
    violating Section 12 or 6(j) of the Military Selective Service Act
    (50 App. U.S.C. Sec. 462) [this section and section 456(j) of this
    Appendix], or of any rule or regulation promulgated pursuant to
    that section, for acts committed between August 4, 1964 and March
    28, 1973, inclusive, or (ii) have received punitive or undesirable
    discharges as a consequence of violations of Articles 85, 86 or 87
    of the Uniform Code of Military Justice (10 U.S.C. Secs. 885, 886,
    887) that occurred between August 4, 1964 and March 28, 1973,
    inclusive, or are serving sentences of confinement for such
    violations. The Board will only consider the cases of Military
    Selective Service Act violators who were convicted of unlawfully
    failing (i) to register or register on time, (ii) to keep the local
    board informed of their current address, (iii) to report for or
    submit to preinduction or induction examination, (iv) to report for
    or submit to induction itself, or (v) to report for or submit to,
    or complete service under Section 6(j) of such Act [section 456(j)
    of this Appendix]. However, the Board will not consider the cases
    of individuals who are precluded from reentering the United States
    under [former] 8 U.S.C. 182(a)(22) or other law.
      Sec. 3. The Board shall report to the President its findings and
    recommendations as to whether Executive clemency should be granted
    or denied in any case. If clemency is recommended, the Board shall
    also recommend the form that such clemency should take, including
    clemency conditioned upon a period of alternate service in the
    national interest. In the case of an individual discharged from the
    armed forces with a punitive or undesirable discharge, the Board
    may recommend to the President that a clemency discharge be
    substituted for a punitive or undesirable discharge. Determination
    of any period of alternate service shall be in accord with the
    Proclamation [Proc. No. 4313, set out above] announcing a program
    for the return of Vietnam era draft evaders and military deserters.
      Sec. 4. The Board shall give priority consideration to those
    applicants who are presently confined and have been convicted only
    of an offense set forth in section 2 of this order, and who have no
    outstanding criminal charges.
      Sec. 5. Each member of the Board, except any member who then
    receives other compensation from the United States, may receive
    compensation for each day he or she is engaged upon the work of the
    Board at not to exceed the daily rate now or hereafter prescribed
    by law for persons and positions in GS-18, as authorized by law (5
    U.S.C. 3109), and may also receive travel expenses, including per
    diem in lieu of subsistence, as authorized by law (5 U.S.C. 5703)
    for persons in the government service employed intermittently.
      Sec. 6. Necessary expenses of the Board may be paid from the
    Unanticipated Personnel Needs Fund of the President or from such
    other funds as may be available.
      Sec. 7. Necessary administrative services and support may be
    provided the Board by the General Services Administration on a
    reimbursable basis.
      Sec. 8. All department and agencies in the Executive branch are
    authorized and directed to cooperate with the Board in its work,
    and to furnish the Board all appropriate information and
    assistance, to the extent permitted by law.
      Sec. 9. The Board shall submit its final recommendations to the
    President not later than September 15, 1975, at which time it shall
    cease to exist.
                                                         Gerald R. Ford.
    EX. ORD. NO. 11804. DELEGATION OF CERTAIN FUNCTIONS OF PRESIDENT TO
                       DIRECTOR OF SELECTIVE SERVICE
      Ex. Ord. No. 11804, Sept. 16, 1974, 39 F.R. 33299, provided:
      By virtue of the authority vested in me as President of the
    United States, pursuant to my powers under Article II, Sections 1,
    2 and 3 of the Constitution, and under Section 301 of Title 3 of
    the United States Code, it is hereby ordered as follows:
      Section 1. The Director of Selective Service is designated and
    empowered, without the approval, ratification or other action of
    the President, under such regulations as he may prescribe, to
    establish, implement, and administer the program of alternate
    service authorized in the Proclamation [set out above] announcing a
    program for the return of Vietnam era draft evaders and military
    deserters.
      Sec. 2. Departments and agencies in the Executive branch shall,
    upon the request of the Director of Selective Service, cooperate
    and assist in the implementation or administration of the
    Director's duties under this Order, to the extent permitted by law.
                                                         Gerald R. Ford.
        EX. ORD. NO. 11878. ASSIGNING RESPONSIBILITIES RELATING TO
                 ACTIVITIES OF PRESIDENTIAL CLEMENCY BOARD
      Ex. Ord. No. 11878, Sept. 10, 1975, 40 F.R. 42731, provided:
      By virtue of the authority vested in me by the Constitution of
    the United States of America, and as President of the United States
    of America, it is hereby ordered as follows:
      Section 1. Section 9 of Executive Order No. 11803 of September
    16, 1974, as amended [set out above] is amended to read:
      "The Board shall submit its final recommendations to the
    President not later than September 15, 1975, at which time it shall
    cease to exist."
      Sec. 2. Any applications for Executive clemency, as to which the
    Presidential Clemency Board (established by Executive Order No.
    11803) [set out above] has not taken final action shall be
    transferred, together with the files related thereto, to the
    Attorney General.
      Sec. 3. The Attorney General, with respect to the applications
    and related files transferred to him by Section 2 of this Order,
    shall take all actions appropriate or necessary to complete the
    clemency process and shall expeditiously report to the President
    his findings and recommendations as to whether Executive clemency
    should be granted or denied in any case. In performing his
    responsibilities under this Order, the Attorney General shall apply
    the relevant criteria and comply with the appropriate and
    applicable instructions and procedures established by Executive
    Order No. 11803 of September 16, 1974, as amended [set out above],
    Proclamation No. 4313 of September 16, 1974, as amended [set out
    above], Executive Order No. 11804 of September 16, 1974 [set out
    above], and, to the extent that he deems appropriate, the
    regulations of the Presidential Clemency Board and the Selective
    Service System issued pursuant to the foregoing Executive orders.
      Sec. 4. The Director of the Office of Management and Budget is
    hereby designated and empowered to take such action as he deems
    necessary to ensure the orderly and prompt termination of the
    activities of the Presidential Clemency Board and the assignment of
    responsibilities directed by this Order.
      Sec. 5. Departments and agencies in the Executive branch shall,
    to the extent permitted by law, cooperate with and assist the
    Attorney General, the Director of the Selective Service and the
    Director of the Office of Management and Budget in the performance
    of their responsibilities under this Order.
      Sec. 6. The responsibilities assigned under this Order are to be
    completed no later than March 31, 1976, at which time the Attorney
    General shall submit his final recommendations to the President.
                                                         Gerald R. Ford.
    EX. ORD. NO. 11967. IMPLEMENTATION OF PARDON FOR VIOLATIONS OF ACT,
                     AUGUST 4, 1964 TO MARCH 28, 1973
      Ex. Ord. No. 11967, Jan. 21, 1977, 42 F.R. 4393, provided:
      The following actions shall be taken to facilitate Presidential
    Proclamation of Pardon of January 21, 1977 [set out above]:
      1. The Attorney General shall cause to be dismissed with
    prejudice to the Government all pending indictments for violations
    of the Military Selective Service Act [see References in Text note
    set out under section 451 of this Appendix] alleged to have
    occurred between August 4, 1964 and March 28, 1973 with the
    exception of the following:
        (a) Those cases alleging acts of force or violence deemed to be
      so serious by the Attorney General as to warrant continued
      prosecution; and
        (b) Those cases alleging acts in violation of the Military
      Selective Service Act by agents, employees or officers of the
      Selective Service System arising out of such employment.
      2. The Attorney General shall terminate all investigations now
    pending and shall not initiate further investigations alleging
    violations of the Military Selective Service Act [see References in
    Text note set out under section 451 of this Appendix] between
    August 4, 1964 and March 28, 1973, with the exception of the
    following:
        (a) Those cases involving allegations of force or violence
      deemed to be so serious by the Attorney General as to warrant
      continued investigation, or possible prosecution; and
        (b) Those cases alleging acts in violation of the Military
      Selective Service Act by agents, employees or officers of the
      Selective Service System arising out of such employment.
      3. Any person who is or may be precluded from reentering the
    United States under [former] 8 U.S.C. 1182(a)(22) or under any
    other law, by reason of having committed or apparently committed
    any violation of the Military Selective Service Act [see References
    in Text note set out under section 451 of this Appendix] shall be
    permitted as any other alien to reenter the United States.
      The Attorney General is directed to exercise his discretion under
    8 U.S.C. 1182(d)(5) or other applicable law to permit the reentry
    of such persons under the same terms and conditions as any other
    alien.
      This shall not include anyone who falls into the exceptions of
    paragraphs 1(a) and (b) and 2(a) and (b) above.
      4. Any individual offered conditional clemency or granted a
    pardon or other clemency under Executive Order 11803 [set out
    above] or Presidential Proclamation 4313, dated September 16, 1974
    [set out above], shall receive the full measure of relief afforded
    by this program if they are otherwise qualified under the terms of
    this Executive Order.
                                                           Jimmy Carter.
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