50 U.S.C. § 3812: Nonapplicability of certain…

Summary

People appointed under this chapter as unpaid Selective Service officials, as individuals who run hearings on conscientious-objector appeals, 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 section 9 of the Act of August 2, 1939 (53 Stat. 1148). Rules and actions under this chapter are mostly not subject to the Administrative Procedure Act (5 U.S.C. 551 et seq. and 701 et seq.), except they must follow section 3 of that Act (5 U.S.C. 552). No regulation becomes effective until 30 days after it is published in the Federal Register. After publication and before it takes effect, anyone may send their views to the Director, but no formal hearing is needed. The President can waive these notice steps if he finds doing them would significantly harm the national defense and announces that when issuing the rule. When computing lump-sum payments under section 2 of the Act of June 16, 1936, and section 12 of the Act of August 4, 1942, no credit is given for active service performed from June 24, 1948, until this chapter ends. If a reserve officer’s continuous active service spans whole years plus a partial year right before June 24, 1948, or right after this chapter ends, the lump-sum must be prorated for that partial year.

Title 50, §3812

War and National Defense, Source: USLM XML via OLRC

(a)Certain provisions in title 18 or Act August 2, 1939

Nothing in section 203, 205, or 207 of title 18 or in the second sentence of subsection (a) of section 9 of the Act of August 2, 1939 (53 Stat. 1148), entitled “An Act to prevent pernicious political activities”, as amended, shall be deemed to apply to any person because of his appointment under authority of this chapter or the regulations made pursuant thereto as an uncompensated official of the Selective Service System, or as an individual to conduct hearings on appeals of persons claiming exemption from combatant or noncombatant training because of conscientious objections, or as a member of the National Selective Service Appeal Board.

(b)Administrative Procedure Act

All functions performed under this chapter shall be excluded from the operation of the Administrative Procedure Act (60 Stat. 237) [5 U.S.C. 551 et seq. and 701 et seq.] except as to the requirements of section 3 of such Act [5 U.S.C. 552]. Notwithstanding the foregoing sentence, no regulation issued under this Act shall become effective until the expiration of thirty days following the date on which such regulation has been published in the Federal Register. 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.

(c)Certain provisions of Act June 16, 1936, or Act August 4, 1942; computation of lump-sum payments

In computing the lump-sum payments made to Air Force reserve officers under the provisions of section 2 of the Act of June 16, 1936, as amended and to reserve officers of the Navy or to their beneficiaries under section 12 of the Act of August 4, 1942, as amended, no credit shall be allowed for any period of active service performed from June 24, 1948, to the date on which this chapter shall cease to be effective. Each such lumpsum payment shall be prorated for a fractional part of a year of active service in the case of any reserve officer subject to the provisions of either such section, if such reserve officer performs continuous active service for one or more years (inclusive of such service performed during the period in which this chapter is effective) and such active service includes a fractional part of a year immediately prior to June 24, 1948, or immediately following the date on which this chapter shall cease to be effective, or both.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this title”, meaning title I of act

June 24, 1948, ch. 625, 62 Stat. 604, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables. section 9 of the Act of

August 2, 1939, referred to in subsec. (a), is section 9 of act Aug. 2, 1939, ch. 410, 53 Stat. 1148, which was classified to section 118i(a) of former title 5, prior to repeal by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378, and reenactment as section 7324(a)(2) of Title 5, Government Organization and Employees. Section 7324 of Title 5 was omitted and a new section 7324 enacted in the general amendment of subchapter III (§ 7321 et seq.) of chapter 73 of Title 5 by Pub. L. 103–94, § 2(a), Oct. 6, 1993, 107 Stat. 1001. See section 7323(b)(2)(A) of Title 5. The Administrative Procedure Act, referred to in subsec. (b), is act

June 11, 1946, ch. 324, 60 Stat. 237, which was classified to sections 1001 to 1011 of former title 5 and which was repealed and reenacted as subchapter II (§ 551 et seq.) of chapter 5, and chapter 7 (§ 701 et seq.), of Title 5, Government Organization and Employees, by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378. See

Short Title

note preceding section 551 of Title 5. This Act, referred to in subsec. (b), is act June 24, 1948, ch. 625, 62 Stat. 604, 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 3801 of this title and Tables. section 2 of the Act of

June 16, 1936, referred to in subsec. (c), is section 2 of act

June 16, 1936, ch. 587, 49 Stat. 1524, which is not classified to the Code. section 12 of the Act of

August 4, 1942, referred to in subsec. (c), is section 12 of act Aug. 4, 1942, ch. 547, 56 Stat. 738, which is not classified to the Code. Codification Section was formerly classified to section 463 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Amendments

1971—Subsec. (b). Pub. L. 92–129 inserted provisions covering the publication of

Regulations

in the Federal Register. 1963—Subsec. (a). Pub. L. 88–110 substituted “section 203, 205, or 207 of title 18” for “section 281, 283, or 284 of title 18, in section 99 of title 5”. 1951—Subsec. (a). Act June 19, 1951, brought within its provisions members of the National Selective Service Appeal Board.

§3812 Nonapplicability of Certain Laws

Summary

Title 50, §3812

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

References in Text

Amendments

Regulations

Citations & Metadata