Page:United States Statutes at Large Volume 85.djvu/383

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[85 STAT. 353]
PUBLIC LAW 92-000—MMMM. DD, 1971
[85 STAT. 353]

85 STAT. ]

PUBLIC LAW 92-129-SEPT. 28, 1971

353

" (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 unless the indictment is found within five years ^"'^' P* ^^S. 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." (32) Section 13(b) is amended by adding at the end thereof the ^fguu 62^3^' following: "Notwithstanding the foregoing sentence, no regulation so use app.' issued under this Act shall become effective until the expiration of '*^3' thirty days following the date on which such regulation has been published in the Federal Eegister. After the publication of any regulation and prior to the date on which such regulation becomes effective, any person shall be given an opportunity to submit his views to the Director on such regulation, but no formal hearing shall be required on any such regulation. The requirements of this subsection may be waived by the President in the case of any regulation if he (1) determines that compliance with such requirements would materially impair the national defense, and (2) gives public notice to that effect at the time such regulation is issued." (33) Section 15(d) is amended to read as follows: ^^^^ use app. " (d) Except as provided in section 4(c), nothing contained in this es Stat. 78. title shall be construed to repeal, amend, or suspend the laws now in ^^so use app force authorizing voluntary enlistment or reenlistment in the Armed 454. Forces of the United States, including the reserve components thereof, except that no person shall be accepted for enlistment after he has been issued an order to report for induction unless authorized by the Director and the Secretary of Defense and except that, whenever the Congress or the President has declared that the national interest is imperiled, voluntary enlistment or reenlistment in such forces, and their reserve components, may be suspended by the President to such extent as he may deem necessary in the interest of national defense." 50 (34) Section 16(g)(3) is amended by inserting "bona fide" 466. use app. immediately before "vocation". (35) Section 17(c) is amended by striking out "July 1, 1971" and Induction au" inserting in place thereof "July 1, 1973". The amendment made by the thority,. time extension 8 1 Stat. 105. preceding sentence shall take effect July 2, 1971. 50 USC app. (36) At the end of the Act add a new section as follows: 467. ii

PROCEDURAL

RIGHTS

"SEC. 22. (a) I t is hereby declared to be the purpose of this section to guarantee to each registrant asserting a claim before a local or appeal board, a fair hearing consistent with the informal and expeditious processing which is required b}^ selective service cases. " (b) Pursuant to such rules and regulations as the President may prescribe— " (1) Each registrant shall be afforded the opportunity to appear in person before the local or any appeal board of the Selective Service System to testify and present evidence regarding his status. "(2) Subject to reasonable limitations on the number of witnesses and the total time allotted to each registrant, each registrant shall have the right to present witnesses on his behalf before the local board. "(3) A quorum of any local board or appeal board shall be present during the registrant's personal appearance. "(4) In the event of a decision adverse to the claim of a registrant, the local or appeal board making such decision shall, upon request, furnish to such registrant a brief written statement of the reasons for its decision."

6 4 Stat. 318. 50 USC app.

471.