50 U.S.C. § 3802 — Registration

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 Page 947 TITLE 50—WAR AND NATIONAL DEFENSE § 3803 present themselves for registration prior to January 5, 1981. 1–106. Aliens who would be required to present them- selves for registration pursuant to Sections 1–101 to 1–105, but who are in processing centers on the dates fixed for registration, shall present themselves for reg- istration within 30 days after their release from such centers. 1–107. Aliens and noncitizen nationals of the United States who reside in the United States, but who are ab- sent from the United States on the days fixed for their registration, shall present themselves for registration within 30 days after their return to the United States. 1–108. Aliens and noncitizen nationals of the United States who, on or after July 1, 1980, come into and re- side in the United States shall present themselves for registration in accordance with Sections 1–101 to 1–105 or within 30 days after coming into the United States, whichever is later. 1–109. Persons who would have been required to present themselves for registration pursuant to Sec- tions 1–101 to 1–108 but for an exemption pursuant to Section 3 or 6(a) of the Military Selective Service Act, as amended [50 U.S.C. 3802, 3806(a)], or but for some con- dition beyond their control such as hospitalization or incarceration, shall present themselves for registration within 30 days after the cause for their exempt status ceases to exist or within 30 days after the termination of the condition which was beyond their control. 1–2. PLACES AND TIMES FOR REGISTRATION 1–201. Persons who are required to be registered and who are in the United States shall register at the places and by the means designated by the Director of Selective Service. These places and means may include but are not limited to any classified United States Post Office, the Selective Service Internet web site, tele- phonic registration, registration on approved Govern- ment forms, registration through high school and col- lege registrars, and the Selective Service reminder mailback card. 1–202. Citizens of the United States who are required to be registered and who are not in the United States, shall register via any of the places and methods author- ized by the Director of Selective Service pursuant to paragraph 1–201 or present themselves at a United States Embassy or Consulate for registration before a diplomatic or consular officer of the United States or before a registrar duly appointed by a diplomatic or consular officer of the United States. 1–203. The hours for registration in United States Post Offices shall be the business hours during the days of operation of the particular United States Post Of- fice. The hours for registration in United States Em- bassies and Consulates shall be those prescribed by the United States Embassies and Consulates. 1–3. MANNER OF REGISTRATION 1–301. Persons who are required to be registered shall comply with the registration procedures and other rules and regulations prescribed by the Director of Se- lective Service. 1–302. When reporting for registration each person shall present for inspection reasonable evidence of his identity. After registration, each person shall keep the Selective Service System informed of his current ad- dress. Having proclaimed these requirements for registra- tion, I urge everyone, including employers in the pri- vate and public sectors, to cooperate with and assist those persons who are required to be registered in order to ensure a timely and complete registration. Also, I direct the heads of Executive agencies, when requested by the Director of Selective Service and to the extent permitted by law, to cooperate and assist in carrying out the purposes of this Proclamation. IN WITNESS WHEREOF, I have hereunto set my hand this second day of July, in the year of our Lord nineteen hundred and eighty, and of the Independence of the United States of America the two hundred and fourth. JIMMY CARTER. § 3803. Persons liable for training and service (a) Age limits; training in National Security Training Corps; physical and mental fitness; adequate training facilities; assignment to stations and units; training period; medical specialist categories Except as otherwise provided in this chapter, every person required to register pursuant to section 3802 of this chapter who is between the ages of eighteen years and six months and twen- ty-six years, at the time fixed for his registra- tion, or who attains the age of eighteen years and six months after having been required to register pursuant to section 3802 of this title, or who is otherwise liable as provided in section 3806(h) of this title, shall be liable for training and service in the Armed Forces of the United States: Provided, That each registrant shall be immediately liable for classification and exam- ination, and shall, as soon as practicable fol- lowing his registration, be so classified and ex- amined, both physically and mentally, in order to determine his availability for induction for training and service in the Armed Forces: Pro- vided further, That, notwithstanding any other provision of law, any registrant who has failed or refused to report for induction shall continue to remain liable for induction and when avail- able shall be immediately inducted. The Presi- dent is authorized, from time to time, whether or not a state of war exists, to select and induct into the Armed Forces of the United States for training and service in the manner provided in this chapter (including but not limited to selec- tion and induction by age group or age groups) such number of persons as may be required to provide and maintain the strength of the Armed Forces. At such time as the period of active service in the Armed Forces required under this chapter of persons who have not attained the nineteenth anniversary of the day of their birth has been re- duced or eliminated pursuant to the provisions of subsection (k), and except as otherwise pro- vided in this chapter, every person who is re- quired to register under this chapter and who has not attained the nineteenth anniversary of the day of his birth on the date such period of active service is reduced or eliminated or who is otherwise liable as provided in section 3806(h) of this title, shall be liable for training in the Na- tional Security Training Corps: Provided, That persons deferred under the provisions of section 3806 of this title shall not be relieved from liabil- ity for induction into the National Security Training Corps solely by reason of having ex- ceeded the age of nineteen years during the pe- riod of such deferment. The President is author- ized, from time to time, whether or not a state of war exists, to select and induct for training in the National Security Training Corps as herein- after provided such number of persons as may be required to further the purposes of this chapter. No person shall be inducted into the Armed Forces for training and service or shall be in- ducted for training in the National Security