50 U.S.C. § 3812 — Nonapplicability of certain laws

Page 978 TITLE 50—WAR AND NATIONAL DEFENSE § 3812 By virtue of the authority vested in me by the Con- stitution of the United States of America, and as Presi- dent of the United States of America, it is hereby or- dered as follows: SECTION 1. Section 9 of Executive Order No. 11803 of September 16, 1974, as amended [set out above] is amended to read: ‘‘The Board shall submit its final recommendations to the President not later than September 15, 1975, at which time it shall cease to exist.’’ SEC. 2. Any applications for Executive clemency, as to which the Presidential Clemency Board (established by Executive Order No. 11803) [set out above] has not taken final action shall be transferred, together with the files related thereto, to the Attorney General. SEC. 3. The Attorney General, with respect to the ap- plications and related files transferred to him by Sec- tion 2 of this Order, shall take all actions appropriate or necessary to complete the clemency process and shall expeditiously report to the President his findings and recommendations as to whether Executive clem- ency should be granted or denied in any case. In per- forming his responsibilities under this Order, the At- torney General shall apply the relevant criteria and comply with the appropriate and applicable instruc- tions and procedures established by Executive Order No. 11803 of September 16, 1974, as amended [set out above], Proclamation No. 4313 of September 16, 1974, as amended [set out above], Executive Order No. 11804 of September 16, 1974 [set out above], and, to the extent that he deems appropriate, the regulations of the Presi- dential Clemency Board and the Selective Service Sys- tem issued pursuant to the foregoing Executive orders. SEC. 4. The Director of the Office of Management and Budget is hereby designated and empowered to take such action as he deems necessary to ensure the or- derly and prompt termination of the activities of the Presidential Clemency Board and the assignment of re- sponsibilities directed by this Order. SEC. 5. Departments and agencies in the Executive branch shall, to the extent permitted by law, cooperate with and assist the Attorney General, the Director of the Selective Service and the Director of the Office of Management and Budget in the performance of their responsibilities under this Order. SEC. 6. The responsibilities assigned under this Order are to be completed no later than March 31, 1976, at which time the Attorney General shall submit his final recommendations to the President. GERALD R. FORD. EX. ORD. NO. 11967. IMPLEMENTATION OF PARDON FOR VIOLATIONS OF ACT, AUGUST 4, 1964 TO MARCH 28, 1973 Ex. Ord. No. 11967, Jan. 21, 1977, 42 F.R. 4393, provided: The following actions shall be taken to facilitate Presidential Proclamation of Pardon of January 21, 1977 [Proc. No. 4483, set out above]: 1. The Attorney General shall cause to be dismissed with prejudice to the Government all pending indict- ments for violations of the Military Selective Service Act [see References in Text note set out under section 3801 of this title] alleged to have occurred between Au- gust 4, 1964 and March 28, 1973 with the exception of the following: (a) Those cases alleging acts of force or violence deemed to be so serious by the Attorney General as to warrant continued prosecution; and (b) Those cases alleging acts in violation of the Military Selective Service Act by agents, employees or officers of the Selective Service System arising out of such employment. 2. The Attorney General shall terminate all inves- tigations now pending and shall not initiate further in- vestigations alleging violations of the Military Selec- tive Service Act [see References in Text note set out under section 3801 of this title] between August 4, 1964 and March 28, 1973, with the exception of the following: (a) Those cases involving allegations of force or vio- lence deemed to be so serious by the Attorney Gen- eral as to warrant continued investigation, or pos- sible prosecution; and (b) Those cases alleging acts in violation of the Military Selective Service Act by agents, employees or officers of the Selective Service System arising out of such employment. 3. Any person who is or may be precluded from reen- tering the United States under [former] 8 U.S.C. 1182(a)(22) or under any other law, by reason of having committed or apparently committed any violation of the Military Selective Service Act [see References in Text note set out under section 3801 of this title] shall be permitted as any other alien to reenter the United States. The Attorney General is directed to exercise his dis- cretion under 8 U.S.C. 1182(d)(5) or other applicable law to permit the reentry of such persons under the same terms and conditions as any other alien. This shall not include anyone who falls into the ex- ceptions of paragraphs 1(a) and (b) and 2(a) and (b) above. 4. Any individual offered conditional clemency or granted a pardon or other clemency under Executive Order 11803 [set out above] or Presidential Proclama- tion 4313, dated September 16, 1974 [set out above], shall receive the full measure of relief afforded by this pro- gram if they are otherwise qualified under the terms of this Executive Order. JIMMY CARTER. § 3812. Nonapplicability of certain laws (a) Certain provisions in title 18 or Act August 2, 1939 Nothing in sections 203, 205, or 207 of title 18 or in the second sentence of subsection (a) of sec- tion 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 regula- tions made pursuant thereto as an uncompen- sated 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 conscien- tious 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 Ad- ministrative 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 fol- lowing 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 ef- fective, any person shall be given an oppor- tunity to submit his views to the Director on such regulation, but no formal hearing shall be required on any such regulation. The require- ments of this subsection may be waived by the President in the case of any regulation if he (1) determines that compliance with such require- ments would materially impair the national de- fense, and (2) gives public notice to that effect at the time such regulation is issued. Page 979 TITLE 50—WAR AND NATIONAL DEFENSE § 3813 (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 amend- ed and to reserve officers of the Navy or to their beneficiaries under section 12 of the Act of Au- gust 4, 1942, as amended, no credit shall be al- lowed 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 frac- tional 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 per- forms continuous active service for one or more years (inclusive of such service performed dur- ing 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. (June 24, 1948, ch. 625, title I, § 13, 62 Stat. 623; June 19, 1951, ch. 144, title I, § 1(t), 65 Stat. 87; Pub. L. 88–110, § 6, Sept. 3, 1963, 77 Stat. 136; Pub. L. 92–129, title I, § 101(a)(32), Sept. 28, 1971, 85 Stat. 353.) 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 chap- ter. 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 sub- sec. (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 Selec- tive 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 reclassi- fication 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 ‘‘sections 203, 205, or 207 of title 18’’ for ‘‘sections 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. § 3813. Notice of requirements of this chapter; voluntary enlistments unaffected (a) Deeming of notice upon publication Every person shall be deemed to have notice of the requirements of this chapter upon publica- tion by the President of a proclamation or other public notice fixing a time for any registration under section 3802 of this title. (b) Duty to inform local board of current address and changes in status It shall be the duty of every registrant to keep his local board informed as to his current ad- dress and changes in status as required by such rules and regulations as may be prescribed by the President. (c) Separability of provisions If any provision of this chapter, or the applica- tion thereof to any person or circumstance, is held invalid, the remainder of the chapter, and the application of such provision to other per- sons or circumstances, shall not be affected thereby. (d) Voluntary enlistments or reenlistments; ab- sence of affect Except as provided in section 3803(c) of this title, nothing contained in this chapter shall be construed to repeal, amend, or suspend the laws now in force authorizing voluntary enlistment or reenlistment in the Armed 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 ex- cept that, whenever the Congress or the Presi- dent 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 ex- tent as he may deem necessary in the interest of national defense. (e) Furnishing of names and addresses to Sec- retary of Defense or Secretary of Homeland Security In order to assist the Armed Forces in recruit- ing individuals for voluntary service in the Armed Forces, the Director shall, upon the re- quest of the Secretary of Defense or the Sec- retary of Homeland Security, furnish to the Sec- retary the names and addresses of individuals registered under this Act. Names and addresses furnished pursuant to the preceding sentence may be used by the Secretary of Defense or Sec- retary of Homeland Security only for recruiting purposes. (June 24, 1948, ch. 625, title I, § 15, 62 Stat. 624; Pub. L. 92–129, title I, § 101(a)(33), Sept. 28, 1971, 85 Stat. 353; Pub. L. 97–86, title IX, § 916(c), Dec. 1, 1981, 95 Stat. 1129; Pub. L. 107–296, title XVII, § 1704(e)(11)(E), Nov. 25, 2002, 116 Stat. 2316; Pub. L. 118–159, div. A, title V, § 532(a), Dec. 23, 2024, 138 Stat. 1886.)