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

Federal law — U.S. Code and appendices · legal_authorities

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

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Stable record: federal_law:legal_authorities:record_usc_c19c016fc8cd285a0b575548
Source file: Laws/federal/codes/united-states-code/title-50/section-3812-nonapplicability-of-certain-laws--e2b23bd032.md
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Source location: Title 50, Chapter 49, § 3812; chapter-049-military-selective-service.md

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**(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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim) et seq. and 701 et seq.] except as to the requirements of section 3 of such Act [[5 U.S.C. 552](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim)]. 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.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 551 — Definitions

For the purpose of this subchapter— (1) “agency” means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include— (A) the Congress; (B) the courts of the United States; (C) the governments of the territories or possessions of the United States; (D) the government of the District of Columbia; or except as to the requirements of [section 552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim)— (E) agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them; (F) courts martial and military commissions; (G) military authority exercised in the field in time of war or in occupied territory; or (H) functions conferred by sections 1738, 1739, 1743, and 1744 of title 12; subchapter II of chapter 471 of title 49; or sections 1884, 1891–1902, and former section 1641(b)(2), of title 50, appendix; 11 See References in Text note below. (2) “person” includes an individual, partnership, corporation, association, or public or private organization other than an agency; (3) “party” includes a person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in an agency proceeding, and a person or agency admitted by an agency as a party for limited purposes; (4) “rule” means the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency and includes the approval or prescription for the future of rates, wa

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Federal law — U.S. Code and appendices · legal_authorities

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

**(a)** This Act may be cited as the “Military Selective Service Act”. **(b)** The Congress declares that an adequate armed strength must be achieved and maintained 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 accordance with a system of selection which is fair and just, and which is consistent with the maintenance of an effective national economy. **(d)** The Congress further declares, in accordance with our traditional military policy as expressed 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 national 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 thereof as may be necessary, together with such units of the Reserve components as are necessary for a balanced force, shall be ordered to active Federal service and continued therein so long as such necessity exists. **(e)** The Congress further declares that adequate provision for national security requires maximum effort in the fields of scientific research and development, and the fullest possible utilization of the Nation’s technological, scientific, and other critical manpower resources. **(f)** The Congress further declares that the S

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3801

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 552 — Public information; agency rules, opinions, orders, records, and proceedings

**(a)** Each agency shall make available to the public information as follows: (1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public— (A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions; (B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available; (C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations; (D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and (E) each amendment, revision, or repeal of the foregoing. Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register. (2) Each agency, in accordance with published rules, shall make available for public inspection in an electronic format— (A) final opinions, including concurring and dissen

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 552

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 7324 — Political activities on duty; prohibition

**(a)** An employee may not engage in political activity— (1) while the employee is on duty; (2) in any room or building occupied in the discharge of official duties by an individual employed or holding office in the Government of the United States or any agency or instrumentality thereof; (3) while wearing a uniform or official insignia identifying the office or position of the employee; or (4) using any vehicle owned or leased by the Government of the United States or any agency or instrumentality thereof. **(b)** (1) An employee described in paragraph (2) of this subsection may engage in political activity otherwise prohibited by subsection (a) if the costs associated with that political activity are not paid for by money derived from the Treasury of the United States. (2) Paragraph (1) applies to an employee— (A) the duties and responsibilities of whose position continue outside normal duty hours and while away from the normal duty post; and (B) who is— (i) an employee paid from an appropriation for the Executive Office of the President; or (ii) an employee appointed by the President, by and with the advice and consent of the Senate, whose position is located within the United States, who determines policies to be pursued by the United States in relations with foreign powers or in the nationwide administration of Federal laws.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3806 — Deferments and exemptions from training and service

**(a) In general** (1) Commissioned officers, warrant officers, pay clerks, enlisted men, and aviation cadets of the Regular Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, and the Environmental Science Services Administration; 11 See Transfer of Functions note below. cadets, United States Military Academy; midshipmen, United States Naval Academy; cadets, United States Air Force Academy; cadets, United States Coast Guard Academy; midshipmen, Merchant Marine Reserve, members of the United States Navy Reserve; students enrolled in an officer procurement program at military colleges the curriculum of which is approved by the Secretary of Defense; members of the reserve components of the Armed Forces and the Coast Guard, while on active duty; and foreign diplomatic representatives, technical attachés of foreign embassies and legations, consuls general, consuls, vice consuls and other consular agents of foreign countries who are not citizens of the United States, and members of their families, and persons in other categories to be specified by the President who are not citizens of the United States, shall not be required to be registered under [section 3802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3802&num=0&edition=prelim) and shall be relieved from liability for training and service under [section 3803 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3803&num=0&edition=prelim), except that aliens admitted for permanent residence in the United States shall not be so exempted: Provided, That any alien lawfully admitted for permanent residence as defined in paragraph (20) of [section 1101(a) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-ti

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3806

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 551 — Definitions

Page 105 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 551 to any case commenced on or after October 1, 1984, and finally disposed of before the date of the enactment of this Act [Aug. 5, 1985], except that in any such case, the 30-day period referred to in section 504(a)(2) of title 5, United States Code, or section 2412(d)(1)(B) of title 28, United States Code, as the case may be, shall be deemed to commence on the date of the enactment of this Act. ‘‘(c) APPLICABILITY OF AMENDMENTS TO PRIOR BOARD OF CONTRACTS APPEALS CASES.—Section 504(b)(1)(C)(ii) of title 5, United States Code, as added by section 1(c)(2) of this Act, and section 2412(d)(2)(E) of title 28, United States Code, as added by section 2(c)(2) of this Act, shall apply to any adversary adjudication pending on or commenced on or after October 1, 1981, in which applications for fees and other expenses were timely filed and were dismissed for lack of jurisdiction.’’ EFFECTIVE DATE Pub. L. 96–481, title II, § 208, Oct. 21, 1980, 94 Stat. 2330, as amended by Pub. L. 99–80, § 5, Aug. 5, 1985, 99 Stat. 186, provided that: ‘‘This title and the amendments made by this title [see Short Title note below] shall take effect of [on] October 1, 1981, and shall apply to any adversary adjudication, as defined in section 504(b)(1)(C) of title 5, United States Code, and any civil action or adversary adjudication described in section 2412 of title 28, United States Code, which is pending on, or commenced on or after, such date. Awards may be made for fees and other expenses incurred before Oc- tober 1, 1981, in any such adversary adjudication or civil action.’’ Pub. L. 96–481, title II, § 203(c), Oct. 21, 1980, 94 Stat. 2327, which provided that effective Oct. 1, 1984, this sec- tion is repealed

Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 551

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 552 — Public information; agency rules, opinions,

Page 109 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 552 cies, as appropriate and consistent with applicable law. In addition, any personnel positions, committees, task forces, or other entities established pursuant to the Ex- ecutive Orders identified in section 2 of this order, in- cluding the regulatory reform officer positions and reg- ulatory reform task forces established by sections 2 and 3 of Executive Order 13777 [former 5 U.S.C. 601 note], shall be abolished, as appropriate and consistent with applicable law. SEC. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented in a manner con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. J.R. BIDEN, JR. § 552. Public information; agency rules, opinions, orders, records, and proceedings (a) Each agency shall make available to the public information as follows: (1) Each agency shall separately state and cur- rently publish in the Federal Register for the guidance of the public— (A) descriptions of its central and field orga- nization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, t

Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 552

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Federal law — U.S. Code and appendices · legal_authorities

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 Mana

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3812

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