50 U.S.C. § 3801 — Short title; Congressional declaration of

Page 945 TITLE 50—WAR AND NATIONAL DEFENSE § 3801 Sec. 3814. Definitions. 3815. Repeals; appropriations; termination date. 3816. Utilization of industry. 3817. Savings provisions. 3818. Effective date. 3819. Authority of President to order Reserve com- ponents to active service; release from ac- tive duty; retention of unit organizations and equipment. 3820. Procedural rights. Editorial Notes CODIFICATION Title I of act June 24, 1948, ch. 625, which is classified principally to this chapter, was formerly set out in the Appendix to this title, prior to the elimination of the Appendix to this title and the editorial reclassification of title I principally as this chapter. For disposition of sections of the former Appendix to this title, see Table II, set out preceding section 1 of this title. § 3801. Short title; Congressional declaration of policy (a) This Act may be cited as the ‘‘Military Se- lective Service Act’’. (b) The Congress declares that an adequate armed strength must be achieved and main- tained to insure the security of this Nation. (c) The Congress further declares that in a free society the obligations and privileges of serving in the armed forces and the reserve components thereof should be shared generally, in accord- ance with a system of selection which is fair and just, and which is consistent with the mainte- nance of an effective national economy. (d) The Congress further declares, in accord- ance with our traditional military policy as ex- pressed in the National Defense Act of 1916, as amended, that it is essential that the strength and organization of the National Guard, both Ground and Air, as an integral part of the first line defenses of this Nation, be at all times maintained and assured. To this end, it is the intent of the Congress that whenever Congress shall determine that units and organizations are needed for the na- tional security in excess of those of the Regular components of the Ground Forces and the Air Forces, and those in active service under this chapter, the National Guard of the United States, both Ground and Air, or such part there- of as may be necessary, together with such units of the Reserve components as are necessary for a balanced force, shall be ordered to active Fed- eral service and continued therein so long as such necessity exists. (e) The Congress further declares that ade- quate provision for national security requires maximum effort in the fields of scientific re- search and development, and the fullest possible utilization of the Nation’s technological, sci- entific, and other critical manpower resources. (f) The Congress further declares that the Se- lective Service System should remain adminis- tratively independent of any other agency, in- cluding the Department of Defense. (June 24, 1948, ch. 625, title I, § 1, 62 Stat. 604; June 19, 1951, ch. 144, title I, § 1(a), 65 Stat. 75; Pub. L. 90–40, § 1(1), June 30, 1967, 81 Stat. 100; Pub. L. 92–129, title I, § 101(a)(1), Sept. 28, 1971, 85 Stat. 348; Pub. L. 96–107, title VIII, § 812, Nov. 9, 1979, 93 Stat. 816.) Editorial Notes REFERENCES IN TEXT The Military Selective Service Act, referred to in subsec. (a), is act June 24, 1948, ch. 625, 62 Stat. 604. Act was comprised of titles I and II, prior to repeal of title II by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641. Title I of the Act is classified principally to this chapter. Title II of the Act was classified to the Articles of War set out in former Title 10, Army and Air Force, to sec- tions 61, 61a, 62a, 65, and 652a of former Title 10, and to section 180 of former Title 14, Coast Guard, prior to re- peal. For complete classification of this Act to the Code, see Tables. The National Defense Act of 1916, referred to in sub- sec. (d), is act June 3, 1916, ch. 134, 39 Stat. 166, which was classified generally throughout former Title 10, Army and Air Force, prior to repeal by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641, and reenactment as parts of Title 10, Armed Forces, and Title 32, National Guard. This chapter, referred to in subsec. (d), 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. CODIFICATION Section was formerly classified to section 451 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. AMENDMENTS 1979—Subsec. (f). Pub. L. 96–107 added subsec. (f). 1971—Subsec. (a). Pub. L. 92–129 substituted ‘‘Military Selective Service Act’’ for ‘‘Military Selective Service Act of 1967’’. 1967—Subsec. (a). Pub. L. 90–40 substituted ‘‘Military Selective Service Act of 1967’’ for ‘‘Universal Military Training and Service Act’’. 1951—Subsec. (a). Act June 19, 1951, substituted ‘‘Uni- versal Military Training and Service Act’’ for ‘‘Selec- tive Service Act of 1948’’. Statutory Notes and Related Subsidiaries SHORT TITLE OF 1969 AMENDMENT Pub. L. 91–124, § 1, Nov. 26, 1969, 83 Stat. 220, provided: ‘‘That this Act [see Tables for classification] may be cited as the ‘Selective Service Amendment Act of 1969’.’’ SHORT TITLE OF 1955 AMENDMENT Act June 30, 1955, ch. 250, § 1, 69 Stat. 223, provided: ‘‘That this Act [see Tables for classification] may be cited as the ‘1955 Amendments to the Universal Mili- tary Training and Service Act’.’’ SHORT TITLE OF 1951 AMENDMENT Act June 19, 1951, ch. 144, title I, § 7, 65 Stat. 89, pro- vided that: ‘‘This title [see Tables for classification] may be cited as the ‘1951 Amendments to the Universal Military Training and Service Act’.’’ SHORT TITLE OF 1950 AMENDMENT Act Sept. 9, 1950, ch. 939, 64 Stat. 826, which amended section 3803 of this title, is popularly known as the ‘‘Doctors Draft Act’’. Act June 30, 1950, ch. 445, § 4, 64 Stat. 319, provided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Selective Service Extension Act of 1950’.’’ SEPARABILITY Act June 19, 1951, ch. 144, title I, § 5, 65 Stat. 88, pro- vided that: ‘‘If any provisions of this Act [see Tables for Page 946 TITLE 50—WAR AND NATIONAL DEFENSE § 3802 classification] or the application thereof to any person or circumstances is held invalid, the validity of the re- mainder of the Act and of the application of such provi- sion to other persons and circumstances shall not be af- fected thereby.’’ § 3802. Registration (a) Except as otherwise provided in this chap- ter it shall be the duty of every male citizen of the United States, and every other male person residing in the United States, who, on the day or days fixed for the first or any subsequent reg- istration, is between the ages of eighteen and twenty-six, to present himself for and submit to registration at such time or times and place or places, and in such manner, as shall be deter- mined by proclamation of the President and by rules and regulations prescribed hereunder. The provisions of this section shall not be applicable to any alien lawfully admitted to the United States as a nonimmigrant under section 1101(a)(15) of title 8, for so long as he continues to maintain a lawful nonimmigrant status in the United States. (b) Regulations prescribed pursuant to sub- section (a) may require that persons presenting themselves for and submitting to registration under this section provide, as part of such reg- istration, such identifying information (includ- ing date of birth, address, and social security ac- count number) as such regulations may pre- scribe. (June 24, 1948, ch. 625, title I, § 3, 62 Stat. 605; June 19, 1951, ch. 144, title I, § 1(c), 65 Stat. 76; Pub. L. 92–129, title I, § 101(a)(2), Sept. 28, 1971, 85 Stat. 348; Pub. L. 97–86, title IX, § 916(a), Dec. 1, 1981, 95 Stat. 1129.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), 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. CODIFICATION Section was formerly classified to section 453 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. AMENDMENTS 1981—Pub. L. 97–86 designated existing provisions as subsec. (a) and added subsec. (b). 1971—Pub. L. 92–129 substituted ‘‘male person residing in the United States’’ for ‘‘male person now or here- after in the United States’’ and inserted provision mak- ing section inapplicable to aliens lawfully admitted to the United States as nonimmigrants under section 1101(a)(15) of Title 8 for so long as they maintain lawful nonimmigrant status in the United States. 1951—Act June 19, 1951, made all male persons now or hereafter in the United States subject to registration. Executive Documents PROC. NO. 4360. TERMINATION OF REGISTRATION PROCEDURES Proc. No. 4360, Mar. 29, 1975, 40 F.R. 14567, 89 Stat. 1255, provided: Under authority vested in the President by the Mili- tary Selective Service Act (62 Stat. 604), as amended [see References in Text note set out under section 3801 of this title], procedures have been established 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) [50 U.S.C. 3802]. In order to evaluate an annual registration system, existing procedures are being terminated and will be replaced by new procedures which will provide for peri- odic registration. NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, by virtue of the au- thority vested in me by the Constitution and the stat- utes of the United States, including the Military Selec- tive Service Act, as amended, do hereby revoke Procla- mations 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 termi- nating the present procedures for registration under the Military Selective Service Act, as amended. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of March in the year of our Lord nineteen hundred seventy-five, and of the Inde- pendence of the United States of America the one hun- dred ninety-ninth. GERALD R. FORD. PROC. NO. 4771. REGISTRATION UNDER THE SELECTIVE SERVICE ACT Proc. No. 4771, July 2, 1980, 45 F.R. 45247, 94 Stat. 3775, as amended by Proc. No. 7275, Feb. 22, 2000, 65 F.R. 9199, provided: Section 3 of the Military Selective Service Act, as amended (50 U.S.C. App. 453) [now 50 U.S.C. 3802], pro- vides that male citizens of the United States and other male persons residing in the United States who are be- tween the ages of 18 and 26, except those exempted by Sections 3 and 6(a) of the Military Selective Service Act [50 U.S.C. 3802, 3806(a)], must present themselves for registration at such time or times and place or places, and in such manner as determined by the Presi- dent. Section 6(k) [50 U.S.C. 3806(k)] provides that such exceptions shall not continue after the cause for the ex- emption ceases to exist. The Congress of the United States has made available the funds (H.J. Res. 521, approved by me on June 27, 1980 [Pub. L. 96–282, June 27, 1980, 93 Stat. 552]), which are needed to initiate this registration, beginning with those born on or after January 1, 1960. NOW, THEREFORE, I, JIMMY CARTER, President of the United States of America, by the authority vested in me by the Military Selective Service Act, as amend- ed (50 U.S.C. App. 451 et seq.) [now 50 U.S.C. 3801 et seq.], do hereby proclaim as follows: 1–1. PERSONS TO BE REGISTERED AND DAYS OF REGISTRATION 1–101. Male citizens of the United States and other males residing in the United States, unless exempted by the Military Selective Service Act, as amended, who were born on or after January 1, 1960, and who have at- tained their eighteenth birthday, shall present them- selves for registration in the manner and at the time and places as hereinafter provided. 1–102. Persons born in calendar year 1960 shall present themselves for registration on any of the six days be- ginning Monday, July 21, 1980. 1–103. Persons born in calendar year 1961 shall present themselves for registration on any of the six days be- ginning Monday, July 28, 1980. 1–104. Persons born in calendar year 1962 shall present themselves for registration on any of the six days be- ginning Monday, January 5, 1981. 1–105. Persons born on or after January 1, 1963, shall present themselves for registration on the day they at- tain the 18th anniversary of their birth or on any day within the period of 60 days beginning 30 days before such date; however, in no event shall such persons