50 U.S.C. § 3819 — Authority of President to order Reserve

Page 984 TITLE 50—WAR AND NATIONAL DEFENSE § 3818 1 See References in Text note below. 495, which is classified principally to chapter 44 (§ 3001 et seq.) of this title. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 469 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. § 3818. Effective date This chapter shall become effective imme- diately; except that unless the President, or the Congress by concurrent resolution, declares a national emergency after June 24, 1948, no per- son shall be inducted or ordered into active serv- ice without his consent under this chapter with- in ninety days after June 24, 1948. (June 24, 1948, ch. 625, title I, § 20, 62 Stat. 627; Sept. 27, 1950, ch. 1059, § 1(14), 64 Stat. 1074; Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641.) 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. CODIFICATION Section was formerly classified to section 470 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. AMENDMENTS 1956—Act Aug. 10, 1956, repealed provisions requiring the Secretaries of the Army, Navy, and the Treasury to initiate and carry forward intensified voluntary enlist- ment campaigns for the Army, Air Force, Navy, Marine Corps, and the Coast Guard. 1950—Act Sept. 27, 1950, struck out ‘‘and’’ after ‘‘Air Force’’ and inserted ‘‘and the Secretary of the Treas- ury, for the Coast Guard’’ after ‘‘Marine Corps’’. § 3819. Authority of President to order Reserve components to active service; release from active duty; retention of unit organizations and equipment Until July 1, 1953, and subject to the limita- tions imposed by section 2 of the Selective Serv- ice Act of 1948, as amended,1 the President shall be authorized to order into the active military or naval service of the United States for a period of not to exceed twenty-four consecutive months, with or without their consent, any or all members and units of any or all Reserve components of the Armed Forces of the United States and retired personnel of the Regular Armed Forces. Unless he is sooner released under regulations prescribed by the Secretary of the military department concerned, any member of the inactive or volunteer reserve who served on active duty for a period of 12 months or more in any branch of the Armed Forces between the period December 7, 1941, and September 2, 1945, inclusive, who is now or may hereafter be or- dered to active duty pursuant to this section, shall upon completion of 17 or more months of active duty since June 25, 1950, if he makes ap- plication therefor to the Secretary of the branch of service in which he is serving, be released from active duty and shall not thereafter be or- dered to active duty for periods in excess of 30 days without his consent except in time of war or national emergency hereafter declared by the Congress: Provided, That the foregoing shall not apply to any member of the inactive or volun- teer reserve ordered to active duty whose rating or specialty is found by the Secretary of the military department concerned to be critical and whose release to inactive duty prior to the period for which he was ordered to active duty would impair the efficiency of the military de- partment concerned. The President may retain the unit organiza- tions and the equipment thereof, exclusive of the individual members thereof, in the active Federal service for a total period of five con- secutive years, and upon being relieved by the appropriate Secretary from active Federal serv- ice, National Guard, or Air National Guard units, shall, insofar as practicable, be returned to their National Guard or Air National Guard status in their respective States, Territories, the District of Columbia, and Puerto Rico, with pertinent records, colors, histories, trophies, and other historical impedimenta. (June 24, 1948, ch. 625, title I, § 21, as added June 30, 1950, ch. 445, § 2, 64 Stat. 318; amended June 19, 1951, ch. 144, title I, § 1(x), 65 Stat. 87; July 7, 1952, ch. 584, § 1, 66 Stat. 440.) Editorial Notes REFERENCES IN TEXT Section 2 of the Selective Service Act of 1948, referred to in text, is section 2 of act June 24, 1948, ch. 625, title I, 62 Stat. 605, now known as the Military Selective Service Act, which was classified to former section 452 of the former Appendix to this title prior to repeal by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641, and omis- sion in the editorial reclassification of title I of act June 24, 1948, ch. 625, as this chapter. CODIFICATION Section was formerly classified to section 471 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. AMENDMENTS 1952—Act July 7, 1952, authorized the President to re- tain unit organizations and their equipment, exclusive of individual members, for a period of five years. 1951—Act June 19, 1951, substituted ‘‘July 1, 1953’’ for ‘‘July 9, 1951’’, ‘‘twenty-four months’’ for ‘‘twenty-one months’’, and inserted last sentence. Executive Documents EX. ORD. NO. 10271. DELEGATION OF PRESIDENT’S AUTHORITY Ex. Ord. No. 10271, July 7, 1951, 16 F.R. 6661, as amend- ed by Ex. Ord. No. 13286, § 80, Feb. 28, 2003, 68 F.R. 10631, provided: There is hereby delegated to the Secretary of Defense the authority vested in the President by section 21 of the Universal Military Training and Service Act (64 Stat. 318), as amended by the 1951 Amendments to the Universal Military Training and Service Act (65 Stat. 87; Public Law 51, 82d Congress) [this section], to order into the active military or naval service of the United States for a period not to exceed twenty-four months, with or without their consent, any or all members and Page 985 TITLE 50—WAR AND NATIONAL DEFENSE § 3820 units of any or all Reserve components of the Armed Forces of the United States and retired personnel of the Regular Armed Forces: Provided, that so much of the authority of the President under the said section 21, as amended [this section], as relates to any Reserve com- ponent of the United States Coast Guard or to retired personnel of the Regular Coast Guard is hereby dele- gated to the Secretary of Homeland Security. The Secretary of Defense is hereby authorized to re- delegate, subject to such conditions as the Secretary may deem appropriate, to the Secretaries of the Army, Navy, and Air Force such functions under this order as affect their respective services. § 3820. Procedural rights (a) It is hereby declared to be the purpose of this section to guarantee to each registrant as- serting a claim before a local or appeal board, a fair hearing consistent with the informal and expeditious processing which is required by se- lective service cases. (b) Pursuant to such rules and regulations as the President may prescribe— (1) Each registrant shall be afforded the oppor- tunity to appear in person before the local or any appeal board of the Selective Service Sys- tem to testify and present evidence regarding his status. (2) Subject to reasonable limitations on the number of witnesses and the total time allotted to each registrant, each registrant shall have the right to present witnesses on his behalf be- fore the local board. (3) A quorum of any local board or appeal board shall be present during the registrant’s personal appearance. (4) In the event of a decision adverse to the claim of a registrant, the local or appeal board making such decision shall, upon request, fur- nish to such registrant a brief written statement of the reasons for its decision. (June 24, 1948, ch. 625, title I, § 22, as added Pub. L. 92–129, title I, § 101(a)(36), Sept. 28, 1971, 85 Stat. 353.) Editorial Notes CODIFICATION Section was formerly classified to section 471a of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. CHAPTER 50—SERVICEMEMBERS CIVIL RELIEF Sec. 3901. Short title. 3902. Purpose. SUBCHAPTER I—GENERAL PROVISIONS 3911. Definitions. 3912. Jurisdiction and applicability of chapter. 3913. Protection of persons secondarily liable. 3914. Extension of protections to citizens serving with allied forces. 3915. Notification of benefits. 3916. Information for members of the Armed Forces and their dependents on rights and protections of the Servicemembers Civil Re- lief Act. 3917. Extension of rights and protections to re- serves ordered to report for military service and to persons ordered to report for induc- tion. 3918. Waiver of rights pursuant to written agree- ment. Sec. 3919. Exercise of rights under chapter not to affect certain future financial transactions. 3920. Legal representatives. SUBCHAPTER II—GENERAL RELIEF 3931. Protection of servicemembers against default judgments. 3932. Stay of proceedings when servicemember has notice. 3933. Fines and penalties under contracts. 3934. Stay or vacation of execution of judgments, attachments, and garnishments. 3935. Duration and term of stays; codefendants not in service. 3936. Statute of limitations. 3937. Maximum rate of interest on debts incurred before military service. 3938. Child custody protection. 3938a. Annual notice to members of the Armed Forces regarding child custody protections guaranteed by the Servicemembers Civil Relief Act. SUBCHAPTER III—RENT, INSTALLMENT CON- TRACTS, MORTGAGES, LIENS, ASSIGNMENT, LEASES, COMMUNICATIONS SERVICE CON- TRACTS 3951. Evictions and distress. 3952. Protection under installment contracts for purchase or lease. 3953. Mortgages and trust deeds. 3954. Settlement of stayed cases relating to per- sonal property. 3955. Termination of residential or motor vehicle leases. 3956. Termination of certain consumer contracts. 3957. Protection of life insurance policy. 3958. Enforcement of storage liens. 3959. Extension of protections to dependents. SUBCHAPTER IV—LIFE INSURANCE 3971. Definitions. 3972. Insurance rights and protections. 3973. Application for insurance protection. 3974. Policies entitled to protection and lapse of policies. 3975. Policy restrictions. 3976. Deduction of unpaid premiums. 3977. Premiums and interest guaranteed by United States. 3978. Regulations. 3979. Review of findings of fact and conclusions of law. SUBCHAPTER V—TAXES AND PUBLIC LANDS 3991. Taxes respecting personal property, money, credits, and real property. 3992. Rights in public lands. 3993. Desert-land entries. 3994. Mining claims. 3995. Mineral permits and leases. 3996. Perfection or defense of rights. 3997. Distribution of information concerning bene- fits of subchapter. 3998. Land rights of servicemembers. 3999. Regulations. 4000. Income taxes. 4001. Residence for tax purposes. SUBCHAPTER VI—ADMINISTRATIVE REMEDIES 4011. Inappropriate use of chapter. 4012. Certificates of service; persons reported miss- ing. 4013. Interlocutory orders. SUBCHAPTER VII—FURTHER RELIEF 4021. Anticipatory relief. 4022. Power of attorney. 4023. Professional liability protection.