§3812 Nonapplicability of certain laws

Summary

People appointed under this chapter as unpaid Selective Service officials, as people who hold appeal hearings for conscientious objectors, or as members of the National Selective Service Appeal Board are not covered by sections 203, 205, or 207 of title 18 or by the second sentence of subsection (a) of the Act of August 2, 1939. All actions under this chapter are generally kept out of the Administrative Procedure Act except for the public information rules in section 3 (5 U.S.C. 552). Any regulation must be published in the Federal Register and wait 30 days before it becomes effective. During that wait, anyone may send views to the Director, but no formal hearing is required. The President may waive these steps if he finds they would materially harm the national defense and gives public notice when issuing the rule. When figuring lump-sum payments for Air Force reserve officers under the Act of June 16, 1936, or for Navy reserve officers or their beneficiaries under the Act of August 4, 1942, no credit is allowed for active service performed from June 24, 1948, until this chapter ends. Each lump-sum must be prorated for any fractional year of active service if a reserve officer has continuous active service of one or more years and that service includes a partial year just before June 24, 1948, just after this chapter ends, or both.