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This file contains re proclamation on termination of registration.
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4520901
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Selective Service
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4520901
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Selective Service
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This file contains re proclamation on termination of registration.
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Philip W. Buchen Files
Philip Buchen's General Subject Files
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Compulsory national service
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1975
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1975
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The original documents are located in Box 60, folder "Selective Service" of the Philip
Buchen Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 60 of the Philip Buchen Files at the Gerald R. Ford Presidential Library
Bill Casselman is
to do over in form
of response to Memo of a/17
and show to Gala.
before P. releasing
GEAL a. FORD LIBRARY
THE WHITE HOUSE
WASHINGTON
February 18, 1975
MEMORANDUM FOR:
Phil Buchen
FROM:
Bill Casselman
pol-
SUBJECT:
Proclamation Terminating Selective
Service Registration
In general, I concur with OLC's revision. The proclamation should
make it clear that the registration procedures are being terminated,
and not the statutory registration requirement. However, I also
recommend that the Selective Service System seek repeal of 50 U.S.C.
App. 460(h) in part.
OLC's memorandum appears to be somewhat narrow in its interpretation
regarding compliance with the provisions of subsection 460(h). The full
text of that subsection provides:
"If at any time calls under this section for the induction of
persons for training and service in the Armed Forces are dis-
continued 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, 1971], 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. " (Emphasis added).
The FY 76 Budget states at page 78 that the new all volunteer System
will begin "major program adjustments" in 1976, including a phase down
of local board operations and deferral of classification activity This will
2
result in significant personnel cutbacks and a $14 million reduction in
service to registrants, which will necessitate the closing of many local
boards. Whether any of these "adjustments" would be construed by the
courts as a change in the Selective Service System as it "is constituted
on the date of enactment of this subsection [460(h)]" is a matter of
conjecture which was not addressed by OLC.
In construing an act which has been the subject of searching review by
the Federal courts, prudence would seem to dictate that, when in doubt,
one should seek the repeal of language which would appear to be incon-
sistent with major actions contemplated by the Executive. Accordingly,
Congress should be asked to delete the underscored language in
subsection 460(h), above, so as not to conflict with any of the proposed
changes in the Selective Service System.
The policy underlying the Executive Order also appears questionable.
Caesar Augustus once decreed that "all the world should be enrolled. "
Although the Roman penalty for failure to register no doubt was more
harsh than that provided in the Military Selective Service Act, not
everyone bothered to heed even Caesar's proclamation.
Dubious historical analogies aside, the Selective Service System, under
present procedures, nevertheless registers approximately 95% of those
eligible for the draft (who are required to enroll 30 days before or 30 days
after their 18th birthday). As it turns out, according to reliable estimates,
almost 1/3 do not register until after the deadline. To provide an "annual
registration period" of relatively short duration may significantly reduce
the number of persons who register per year. Those who fail to register
during the annual period could be left without a local board before which
to take their case and would also be subject to criminal prosecution.
Finally, a great deal of confusion may arise from first terminating
registration procedures entirely and then, at a later date, establishing
an annual registration period. Despite the best intentions and public
information campaigns, a considerable number of draft eligibles
doubtlessly will misapprehend this proclamation, mistaking it for a
final termination of registration procedures--thus further complicating
the problem of prosecution potential.
I realize that these are involved policy issues that may already be "set
in concrete" (with reductions in the Selective Service budget having been
made accordingly), but I truly doubt the wisdom and effectiveness of the
proposed proclamation.
THAT
THE WHITE HOUSE
me Casselnar V
ACTION MEMORANDUM
WASHINGTON
LOG NO.: 59
Date: February 14, 1975
Time: 11:30 a.m.
FOR ACTION: NSC/S
cc (for information): Warren Hendriks
Max Friedersdorf
Jerry Jones
Phil Areeda
Jack Marsh
Paul Theis
FROM THE STAFF SECRETARY
DUE: Date: Monday, February 17
Time: 3:00 p.m.
SUBJECT:
Proclamation: Terminating Registration Procedures.
under the Military Selective Service Act
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Bilef
Druft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
Su attached veew - Be
FORD
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you unlicipate 2
delay in submitting the required material, please
:.. Hendriks
telephone the Staff Secretary immediately.
for the President
UNDER THE MILITARY SELECTIVE SERVICE ACT,
AS AMENDED
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
Under authority vested in him by the Military
Selective Service Act (62 Stat. 604), as amended,
the President has provided for the registration
of male citizens of the United States and of
other male persons who are subject to registration
under Section 3 of said Act, as amended (85 Stat.
348).
Present military manpower needs do not necessi-
tate year round registration of males as they reach
their eighteenth birthday, as is now required.
It therefore, in fossible to and the existing
registration requirement; and, at a later date, to
institute new procedures for periodic registration.
NOW, THEREFORE, I, GERALD R. FORD, President
of the United States of America, by virtue of the
authority vested in me by the Constitution and the
statutes of the United States, including the
Military Selective Service Adt, as amended, do
hereby revoke Proclamations No. 2799 of July 20,
SEAL k. FORD LIBRARY
1948, No. 2937 of August 16, 1951, No. 2938 of
August 16, 1951, No. 2942 of August 30, 1951,
No. 2972 of April 17, 1952, No. 3314 of September 14,
1959, and No. 4101 of January 13, 1972; thereby
terminating the present procedures for registration
under the Military Selective Service Act, as amended.
February 10, 1975
MEMORANDUM FOR THE RECORD
Subject: Proposed Proclamation entitled "Terminating
Registration Under the Military Selective
Service Act, as Amended"
Mr. Werner Windus (DOD, ext. 697-1305) confirmed that
that Department had no intention to object to the
issuance of this proposed Proclamation.
Pauld C. Kinden
Ronald A. Kienlen
Assistant General Counsel
THEY 1
THE
January 21, 1975
bonorable James P. Schleningar
Secretary rf Dufence
Mashington. D. C. 20301
Dear Mr. Secretary:
Herewith, in accordance with the provisions of Exec-
utive Order No. 11030, as amended, is a proposed
Proclamation entitled "Terminating Registration Under
the Military Selective Service Act, As Amended." This
proposed Proclamation was submitted by the Director
of the Selective Service System.
& --4-1f of the Director of the Office of Management
and Budget, I would appreciate your comments, by
February 4, 1975, concerning the issuance of this
proposed Proclamation. If I have not heard from
you by that time, I will assume that you have no
objections to its issuance. Any inquiries may be
telerboned to Mr. Renald A. Eisalen (385-5605 O₂
163-5.00).
Sincerely,
(Signed) William M. Nichols
William M. Nichols
Acting General Counsel
Enclosure
cc: E.O. Records; OGC Chron; General Counsel;
Mr. Ogilvie; Mr. Sitrin; M=. Hannon
DO:OGC:RAKIENLEN:mjr:1/1/79
FORD JORNIY
SERVICE
NATIONAL HEADQUARTERS
with BCI
SELECTIVE SERVICE SYSTEM
:
1724 F STREET NW.
WASHINGTON, D. C. 20435
ADDRESS REPLY TO
OFFICE OF THE DIRECTOR
THE DIRECTOR OF SELECTIVE SEPV =
January 17, 1975
Dear Mr. Ash,
In accordance with 1 CFR 19.2(a), enclosed is a
proposed Proclamation terminating the registration of. men
under the Military Selective Service Act, as amended.
Copies of a fact sheet for possible use at the time the
Proclamation is signed are also enclosed.
based epon the Presidential guidance provided
in your letter of December 19, 1974, the suspension of
registration of 18-year-olds is required in order to have
a resource of potential registrants in calendar year 1976
to test the procedures of an "annual registration." A
sultable proposed Proclumation announcing the annual
registration" procedure will be forwarded for signature
in accorda: it with 1 CFR 19.2(a) at the appropriate time.
Sincerely,
Byron Director V. V. Pepitone
Enclosures
The Honorable Roy L. Ash
Director
Office of Management and Budget
SEAL 1. FORD VIBRARY
INSURE FREEDOM'S FUTURE-AND YOUR OWN-BUY UNITED STATES SAVINGS BONDS
PROCLAMATION
TERMINATING REGISTRATION UNDER
the MILITARY SELECTIVE SERVICE ACT
AS AMENDED
By the President of the United States of America
STATE FORD LIBRARY
A Proclamation
The men registered and required to register heretofore in accord
with section 3 of the Military Selective Service Act, as amended, are
adequate for the current military manpower needs. Future military
manpower needs will be fulfilled through revised registration procedures
which will be established by a subsequent Proclamation
NOW, THEREFORE, I, GERALD R. FORD, President' of the United States
of America, acting under and by virtue of the authority vested in be
by the Constitution and the statutes, including the Military Selective
Service Act (62 Stat. 604), as amended, do revoke Proclamations No.
2799 of July 20, 1948, No. 2937 of August 16, 1951, No. 2938 of
August 16, 1951, No. 2942 of August 30, 1951, No. 2972 of April 17,
1952, No. 3314 of September 14, 1959, and No. 4101 of January 13,
1972, providing for the registration of male citizens of the United
States and of other male persons who are subject to registration under
section 3 of said act.
IN WITNESS WHEREOF, I have hereunto set my hand this day of
in the year of our Lord nineteen hundred seventy-five, and
of the Independence of the United States of America the one hundred
ninety-ninth.
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF management AND BUDGET
WASHINGTON. D.C. 20503
GENERAL COUNSEL
FEB 11 1975
Honorable Edward H. Levi
Attorney General
Washington, D. C. 20530
Dear Mr. Attorney General:
Herewith, in accordance with the provisions of Exec-
utive Order No. 11030, as amended, is a proposed
Proclamation entitled "Terminating Registration Pro-
cedures Under the Military Selective Service Act, As
Amended.'
of
This proposed Proclamation would end the existing
requirement for eighteen year old males to register
for the draft. Until the President issues new pro-
cedures, no one is to be registered.
The Director of the Selective Service System sub-
mitted this proposed Proclamation, which has been
slightly revised in this office. Changes have been
made to more clearly express the intent of the
Proclamation. Reference to those "required to register
heretofore" has been deleted, since they will no
longer be under a continuing obligation to register
until new procedures have been established.
In view of 1 U.S.C. 29, this Proclamation should
not affect the penal sanctions under Section 12 of
the Military Selective Service Act (62 Stat. 622)
as amended by 79 Stat. 586; 81 Stat. 105; 85 Stat.
352. It is our understanding that prosecutions
under this provision are undertaken at the request
of the Director of the Selective Service System
(81 Stat. 105, 50 U.S.C. App. 462 (c)).
It is our understanding that the Director of the
Selective Service System urges the prompt issuance
of this proposed Proclamation, in order to have a
sizable group of unregistered males for testing
annual or periodic registration procedures.
BERALD YOUG
2
The views of the Department of Defense have been
solicited and a representative thereof has informally
advised that the Department does not intend to object.
This proposed Proclamation has the approval of the
Director of the Office of Management and Budget.
Sincerely,
(Signed) William M. Nichols
William M. Nichols
Acting General Counsel
Enclosure
BERALD LISARA ? FORD
ASSISTANT ATTORNEY GENERAL
Department of Justice
Mashington, D.C. 20530
FEB 13 1975
The President,
The White House.
My dear Mr. President:
I am herewith transmitting a proposed proclamation
entitled Terminating Registration Procedures Under
the Military Selective Service Act, as Amended.'
This proposed proclamation was presented by the
Director of Selective Service and has been forwarded
for the consideration of this Department as to form and
legality by the Office of Management and Budget with
the approval of the Director, after revision in that
agency. The proclamation has been further revised in
this Department.
The proposed proclamation is approved as to form
and legality.
FORD
Respectfully,
Coll Antonin Scalia
Assistant Attorney General
Office of Legal Counsel
Department of Justice
Mashington, D.C. 20530
FEB 13 1975
MEMORANDUM
Re: Proposed proclamation entitled
"Terminating Registration Procedures
Under the Military Selective Service Act"
The attached proposed proclamation was presented
by the Director of Selective Service and has been
forwarded for the consideration of this Department as
to form and legality by the Office of Management and
Budget with the approval of the Director, after revi-
sion in that agency. The proclamation has been
further revised in this Department.
Section 3 of the Military Selective Service Act,
as amended, 50 U.S.C. App. 453, requires male citizens
and certain other male persons to register the
Act "at such time or times and place or places, and in
such manner, as shall be determined by proclamation of
the President and by rules and regulations prescribed"
under the Act. See also 50 U.S.C. App. 460 (b) (1),
which authorizes the President to prescribe necessary
rules and regulations to carry out the provisions of
the Act, and 50 U.S.C. App. 465 (a), which provides
that persons shall be deemed to have notice of the
requirements of the Act upon publication by the Presi-
dent of a proclamation or other public notice fixing
the time for registration under section 3.
This proposed proclamation revokes the prior
proclamations providing for registration under the
Military Selective Service Act, as amended, terminating
the existing registration procedures.
FORD
The preamble to the proclamation states that
present military manpower requirements no longer neces-
sitate year round registration of males as they reach
their eighteenth birthday. The transmittal letter
from the Director of Selective Service indicates that
new proposed procedures for an "annual registration"
period will be presented at a later date.
The preamble has been revised in this Department
to make clear that it is the registration procedures
that are terminated, not the registration requirement,
which is statutory.
The OMB transmittal letter notes that discontinu-
ing the registration procedures should not affect the
penal sanctions under section 12 of the Act (50 U.S.C.
App. 462) for violations occurring when the procedures
were in effect. See 1 U.S.C. 109.
Section 10 (h) of the Act, as added by Public Law
92-129, 85 Stat. 348, requires the Selective Service
System to be maintained as an active standby organiza-
tion, with "a complete registration and classification
structure capable of immediate operation in the event
of a national emergency" even when calls for induction
of persons into the Armed Forces are discontinued
because the Armed Forces are placed on an all-volunteer
basis. 50 U.S.C. App. 460(h). The question arises as
to whether the termination or suspension of procedures
for registration is in conflict with section 10 (h).
The provision was added on the Senate floor, and its
legislative history indicates that it was not intended
to require continuous registration. Senator Hruska
asked the following question of then Senator Saxbe, who
proposed the amendment (117 Cong. Rec. 20501-20502) :
Mr. Hruska. Mr. President, the language of
the amendment says that there shall be
maintained as an active standby organiza-
tion with a complete registration and
classification structure capable of
immediate operation, and SC forth.
- 2 -
It is not contemplated that registra-
tion shall be maintained. It is only the
structure and the organization, the equip-
ment, the procedures, and the manuals that
are necessary to initiate registration if
and when a national emergency comes.
Mr. Saxbe. The Senator is correct. Whether
or not registrations are to be maintained
will be a decision when we go to a volunteer
army. It is not involved in this discus-
sion at the present time.
We are advised that the Selective Service System will
continue to maintain the structure and capacity to
register people.
The proposed Executive order is acceptable as to
form and legality.
ccli
Antonin 'Scalia
Assistant Attorney General
Office of Legal Counsel
2 FORD
- 3 -
TERMINATING REGISTRATION PROCEDURES
UNDER THE MILITARY SELECTIVE SERVICE ACT,
AS AMENDED
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
Under authority vested in the President by the
Military Selective Service Act (62 Stat. 604), as
amended, procedures have been established for the regis-
tration of male citizens of the United States and of
other male persons who are subject to registration under
Section 3 of said Act, as amended (85 Stat. 348).
Present military manpower requirements do not
necessitate year round registration of males as they
reach their eighteenth birthday, as the existing pro-
cedures require. It therefore is feasible to end the
existing registration procedures and, at a later date,
to institute new procedures for periodic registration.
NOW, THEREFORE, I, GERALD R. FORD, President of the
United States of America, by virtue of the authority
vested in me by the Constitution and the statutes of the
United States, including the Military Selective Service
Act, as amended, do hereby revoke Proclamations No. 2799
of July 20, 1948, No. 2937 of August 16, 1951, No. 2938
of August 16, 1951, No. 2942 of August 30, 1951, No.
2972 of April 17, 1952, No. 3314 of September 14, 1959,
and No. 4101 of January 13, 1972; thereby terminating
the present procedures for registration under the Mili-
tary Selective Service Act, as amended.
2
IN WITNESS WHEREOF, I have hereunto set my
hand this
day of
,
in
the year of our Lord nineteen hundred seventy-five, and
of the Independence of the United States of America the
one hundred and ninety-ninth.
FORD
THE WHITE HOUSE
WASHINGTON
February 18, 1975
MEMORANDUM FOR:
Phil Buchen
FROM:
Bill Casselman
pol-
SUBJECT:
Proclamation Terminating Selective
Service Registration
In general, I concur with OLC's revision. The proclamation should
make it clear that the registration procedures are being terminated,
and not the statutory registration requirement. However, I also
recommend that the Selective Service System seek repeal of 50 U.S.C.
App. 460(h) in part.
OLC's memorandum appears to be somewhat narrow in its interpretation
regarding compliance with the provisions of subsection 460(h). The full
text of that subsection provides:
"If at any time calls under this section for the induction of
persons for training and service in the Armed Forces are dis-
continued 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, 1971], 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. 11 (Emphasis added).
The FY 76 Budget states at page 78 that the new all volunteer System
will begin "major program adjustments" in 1976, including a phase down
of local board operations and deferral of classification activity. This will
FORD in LIBRARY State
2
result in significant personnel cutbacks and a $14 million reduction in
service to registrants, which will necessitate the closing of many local
boards. Whether any of these "adjustments" would be construed by the
courts as a change in the Selective Service System as it "is constituted
on the date of enactment of this subsection [460(h)] is a matter of
conjecture which was not addressed by OLC.
In construing an act which has been the subject of searching review by
the Federal courts, prudence would seem to dictate that, when in doubt,
one should seek the repeal of language which would appear to be incon-
sistent with major actions contemplated by the Executive. Accordingly,
Congress should be asked to delete the underscored language in
subsection 460(h), above, so as not to conflict with any of the proposed
changes in the Selective Service System.
The policy underlying the Executive Order also appears questionable.
Caesar Augustus once decreed that "all the world should be enrolled. 11
Although the Roman penalty for failure to register no doubt was more
harsh than that provided in the Military Selective Service Act, not
everyone bothered to heed even Caesar's proclamation.
Dubious historical analogies aside, the Selective Service System, under
present procedures, nevertheless registers approximately 95% of those
eligible for the draft (who are required to enroll 30 days before or 30 days
after their 18th birthday). As it turns out, according to reliable estimates,
almost 1/3 do not register until after the deadline. To provide an "annual
registration period" of relatively short duration may significantly reduce
the number of persons who register per year. Those who fail to register
during the annual period could be left without a local board before which
to take their case and would also be subject to criminal prosecution.
Finally, a great deal of confusion may arise from first terminating
registration procedures entirely and then, at a later date, establishing
an annual registration period. Despite the best intentions and public
information campaigns, a considerable number of draft eligibles
doubtlessly will misapprehend this proclamation, mistaking it for a
final termination of registration procedures--thus further complicating
the problem of prosecution potential.
I realize that these are involved policy issues that may already be "set
in concrete" (with reductions in the Selective Service budget having been
made accordingly), but I truly doubt the wisdom and effectiveness of the
proposed proclamation.
THE WHITE HOUSE
mi, Casselman V
ACTION MEMORANDUM
WASHINGTON
LOG NO.: 59
Date: February 14, 1975
Time: 11:30 a.m.
FOR ACTION: NSC/S
CC (for information): Warren Hendriks
Max Friedersdorf
Jerry Jones
Phil Areeda
Jack Marsh
Paul Theis
FROM THE STAFF SECRETARY
DUE: Date: Monday, February 17
Time: 3:00 p.m.
SUBJECT:
Proclamation: Terminating Registration Procedures.
under the Military Selective Service Act
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and BM
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
Su attached veew - 32
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
then :.. Hendriks
telephone the Staff Secretary immediately.
Scr the President
berry
GENERAL
Department of Justice
Mashington, D.C. 20530
FEB 13 1975
MEMORANDUM
Re: Proposed proclamation entitled
"Terminating Registration Procedures
Under the Military Selective Service Act"
The attached proposed proclamation was presented
by the Director of Selective Service and has been
forwarded for the consideration of this Department as
to form and legality by the Office of Management and
Budget with the approval of the Director, after revi-
sion in that agency. The proclamation has been
further revised in this Department.
Section 3 of the Military Selective Service Act,
as amended, 50 U.S.C. App. 453, requires male citizens
and certain other male persons to register the
Act "at such time or times and place or places, and in
such manner, as shall be determined by proclamation of
the President and by rules and regulations prescribed"
under the Act. See also 50 U.S.C. App. 460 (b) (1),
which authorizes the President to prescribe necessary
rules and regulations to carry out the provisions of
the Act, and 50 U.S.C. App. 465 (a), which provides
that persons shall be deemed to have notice of the
requirements of the Act upon publication by the Presi-
dent of a proclamation or other public notice fixing
the time for registration under section 3.
This proposed proclamation revokes the prior
proclamations providing for registration under the
Military Selective Service Act, as amended, terminating
the existing registration procedures.
THE WHITE HOUSE
WASHINGTON
March 4, 1975
MEMORANDUM TO:
JERRY JONES
(ATTN: JUDY JOHNSTON)
THROUGH:
PHIL BUCHEN T.W.B.
FROM:
BILL CASSELMAN
BR
SUBJECT:
PROCLAMATION: TERMINATING
REGISTRATION PROCEDURES UNDER
THE MILITARY SELECTIVE SERVICE ACT
This office concurs in the revisions made in the proposed proclamation
by the Office of Legal Counsel and also concurs in OLC's opinion
as to the acceptability of the proclamation as to form and legality.
However, we recommend that certain policy guidance received by
OLC, and upon which it based part of its opinion, be carefully
reviewed as to its sufficiency.
In its memorandum, OLC concludes, inter alia, that the termination
or suspension of registration procedures does not conflict with the
provisions of Section 10 (h) of the Act. In reaching this opinion, OLC
relies upon (1) a reading of the legislative history of 10 (h) to the effect
that the amendment was not intended by its author to require continuous
registration and (2) advice received from unnamed sources that the
Selective Service System will continue to maintain the "structure and
capability" to conduct registrations.
1 Section 10 (h) was added as an amendment to the Act in 1971 by
Public Law 92-129, 85 Stat. 348. It basically provides that, in the
event the Armed Forces are placed on an all-volunteer basis, the
Selective Service System, "as it is constituted on the date of enactment
of this subsection [September 28, 1971 " shall nevertheless be
maintained as an active standby organization with (1) "a complete
registration and classification structure capable of immediate
operation" and (2) personnel adequate to reinstitute immediately
the full operation of the System. " (Emphasis added.)
-2-
OLC does not specifically address the issue of whether this structure
and capability will be sufficient to maintain the System as it was
constituted on the date of enactment of Section 10(h), as required
by that Section. In view of the substantial revision in the Selective
Service System proposed in the FY 76 budget, there may be some
question on this point.
Accordingly, as a matter of caution, we recommend that the advice
given to OLC be reexamined to assure that the revised structure and
capability provided for in the new budget will, in fact, permit
maintenance of the Selective Service System as constituted on
September 28, 1971. In the event that a reduction in the budget
results in a significant change from the 1971 standard then it WO uld
be necessary to ask Congress to eliminate or reduce the requirements
of Section 10(h). In the alternative, the budget could be revised.
September 4, 1975
To:
Jay French
From:
Phil Buchen
PNSC
Bill Casselman worked on this
previously.
Could you dig out his file and
prepare comments for me...
N. FORD TEBRARY
MEMORANDUM
NATIONAL SECURITY COUNCIL
CONFIDENTIAL GDS
September 1, 1975
MEMORANDUM FOR:
PHIL BUCHEN
FROM:
BRENT SCOWCROFT
10
SUBJECT:
Selective Service Annual Registration
In December 1975, at the direction of the President, the Selective
Service plans to institute new administrative procedures for the man-
agement of a standby draft capability. As part of this new system,
Selective Service proposes to convert from present registration pro-
cedures requiring each male citizen to register during the month of
his eighteenth birthday, to an annual one-day registration of all young
men reaching age eighteen during the calendar year. The first annual
registration is scheduled to take place on March 31, 1976.
As currently envisioned, this registration would involve the physical re-
porting of the majority of approximately 1.7 million eligible men to some
20,000 temporary registration sites around the country. Manned by
volunteers, these sites would be located at American Legion/VFW posts,
National Guard armories, Army Reserve centers, high schools, and so
on. Registration day would be preceded by an extensive publicity effort,
initiated by the publication of a Presidential proclamation.
It occurs to us that, because of its visibility, such a procedure
might have domestic
implications worth considering before
the plan is finalized. We would therefore appreciate your comments.
CONFIDENTIAL - GDS
DAO, 6/29/88