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 chapter. For complete classification of title I to the Code, see Tables.
This Act, referred to in subsecs. (c)(1), (2), (f), and (k)(5), (7)(A), is act June 24, 1948, ch. 625, 62 Stat. 604, known as the Military Selective 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.
The effective period of this Act, referred to in subsec. (c)(2), is set out in section 3815 of this title.
Subsection (g) of this section, referred to in subsec. (d)(2), means subsection (g) prior to repeal by act June 19, 1951, § 1(h). See 1951 Amendment note below.
Section 3 of the Act of July 25, 1947 (Public Law 239, Eightieth Congress), referred to in subsec. (e), is section 3 of act July 25, 1947, ch. 327, 61 Stat. 451, which is not classified to the Code.
Act of March 7, 1942 (56 Stat. 143 to 148), referred to in subsec. (e), popularly known as the Missing Persons Act, was classified to sections 1001 to 1018 of the former Appendix to this title, prior to repeal by Pub. L. 89–554, Sept. 6, 1966, § 8(a), 80 Stat. 632, and reenactment as subchapter VII (§ 5561 et seq.) of chapter 55 of Title 5, Government Organization and Employees, and chapter 10 (§ 551 et seq.) of Title 37, Pay and Allowances of the Uniformed Services.
The Commission, referred to in subsec. (k)(5), means the National Security Training Commission, which expired June 30, 1957, pursuant to letter of the President on Mar. 25, 1957, following the Commission’s own recommendation for its termination.
Codification
Section was formerly classified to section 454 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Amendments
2002—Subsecs. (a), (b). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation” wherever appearing.
1997—Subsec. (k)(10). Pub. L. 105–85 substituted “shall be entitled to receive a dependency allowance equal to the basic allowance for housing provided for persons in pay grade E–1 under section 403 of title 37” for “as such terms are defined in the Career Compensation Act of 1949, shall be entitled to receive a dependency allowance equal to the sum of the basic allowance for quarters provided for persons in pay grade E–1 by section 302(f) of the Career Compensation Act of 1949 as amended by section 3 of the Dependents’ Assistance Act of 1950 as may be extended or amended”.
1975—Subsec. (a). Pub. L. 94–106 in paragraph relating to military training for persons inducted after June 19, 1951, for service in the armed force into which they were inducted, substituted twelve weeks for four months in two places.
1971—Subsec. (a). Pub. L. 92–129, § 101(a)(3), (4), struck out provisions which had given special coverage for male aliens and substituted “Secretary of Transportation” for “Secretary of the Treasury”.
Subsec. (b). Pub. L. 92–129, § 101(a)(5), substituted “Secretary of Transportation” for “Secretary of the Treasury”.
Subsec. (d)(1). Pub. L. 92–129, § 101(a)(6), struck out “(except a person enlisted under subsection (g) of this section)” after “inducted, enlisted, or appointed”.
Subsec. (d)(3). Pub. L. 92–129, § 101(a)(7), substituted “Secretary of Transportation” for “Secretary of the Treasury”.
1967—Subsec. (a). Pub. L. 90–40, § 1(2)(a), inserted proviso that registrants failing or refusing to report for induction continue to remain liable for induction and to be immediately inducted when available.
Subsec. (g). Pub. L. 90–40, § 1(2)(b), added subsec. (g).
1966—Subsec. (k)(3), (4), (6). Pub. L. 89–554 repealed pars. (3), (4) and (6) which established the National Security Training Commission, provided for its composition, tenure, pay and duties, and authorized appointment and pay of employees.
1962—Subsec. (d)(3). Pub. L. 87–651 amended par. (3) generally, striking out provisions which required each person inducted into the National Security Training Corps to serve in the Armed Forces or the National Security Training Corps for a total of eight years, unless sooner discharged because of personal hardship, and requiring each person covered by this subsection who is not a reserve, and who is qualified, upon his release from training, to be transferred to a reserve component to complete the service required by this subsection.
1958—Subsec. (a). Pub. L. 85–564 inserted, at end of third par., proviso authorizing President to modify standards fixed by preceding two provisos, except in war or national emergency.
Subsec. (d)(3). Pub. L. 85–861 repealed provisions that required persons inducted, enlisted, or appointed, in the Armed Forces to serve on active training and service in the Armed Forces and in a reserve component for a total of six years, and inserted provisions requiring transfer to reserve components of persons released from active training and service in the Armed Forces or from training in the National Security Training Corps and authorizing enlistment, enrollment, or appointment in, or assignment to, an organized unit of a reserve component or an officers’ training program of the armed force in which a person served. See section 651 of Title 10, Armed Forces.
1957—Subsec. (a). Pub. L. 85–62, §§ 1, 9, temporarily inserted next to last paragraph providing that no medical, dental, or allied specialist shall be inducted if he applies or applied for appointment as a Reserve officer in one of such categories and is rejected on the sole ground of physical disqualification. See Effective and Termination Dates of 1957 Amendment note below.
Subsec. (j). Pub. L. 85–62, §§ 3, 9, temporarily struck out “as referred to in subsection (i)” after “categories of persons” at end of first sentence, and substituted “thirty-fifth” for “fifty-first” in last sentence of second par. See Effective and Termination Dates of 1957 Amendment note below.
Subsec. (l). Pub. L. 85–62, §§ 2, 9, temporarily added subsec. (l). See Effective and Termination Dates of 1957 Amendment note below.
1956—Subsec. (a). Act Aug. 10, 1956, § 53, repealed provisions prohibiting assignment to duty outside the United States until the member of the Armed Forces has had the equivalent of four months of basic training, and relating to communications with Members of Congress. See sections 671 and 1034 of Title 10, Armed Forces.
Subsec. (b). Act Aug. 10, 1956, § 22(a), authorized Secretaries of the Army, Navy, Air Force, and Treasury, to provide by regulations for release from training and service in the Armed Forces of those individuals who are accepted into organized units of the Army National Guard and Air National Guard and other reserve components.
Subsec. (d)(3). Act Aug. 10, 1956, § 22(b), purportedly repealed par. (3) and amended it to provide that “Each person who is inducted into the National Security Training Corps shall serve in the armed forces or the National Security Training Corps for a total of eight years, unless he is sooner discharged because of personal hardship under regulations prescribed by the Secretary of Defense. Each person covered by this subsection who is not a Reserve, and who is qualified, shall, upon his release from training, be transferred to a reserve component of an armed force to complete the service required by this subsection.” See 1958 and 1962 Amendment notes above.
Subsec. (f). Act Aug. 10, 1956, § 53, purportedly repealed subsec. (f). However, section 22(c) of the act amended subsection to clarify authority to receive compensation.
1955—Subsec. (d)(3). Act Aug. 9, 1955, provided for a six-year term of duty for persons who are inducted, enlisted, or appointed after Aug. 9, 1955.
Subsec. (i)(1). Act June 30, 1955, exempted from service persons who attained their thirty-fifth anniversary of their date of birth and who were rejected for service on the ground of physical disqualification, and to reduce maximum age of liability of induction from 51 to 46 years of age.
1953—Subsec. (i)(2). Act June 29, 1953, § 6, in cl. “First” struck out “subsequent to the completion of or release from the program or course of instruction” after “Public Health Service”; and, in cl. “Second”, substituted “seventeen months” for “twenty-one months”, and struck out “subsequent to the completion of or release from the program or course of instruction” after “Public Health Service”.
Subsec. (i)(4) to (7). Act June 29, 1953, § 1, added pars. (4) to (7).
Subsec. (j). Act June 29, 1953, § 2, added third par.
1952—Subsec. (d)(3). Act July 9, 1952, substituted “appointed under any provision of law, in the Armed Forces, including the reserve components thereof,” for “appointed in the Armed Forces”.
1951—Subsec. (a). Act June 19, 1951, § 1(d), lowered age limit from 19 years to 18½, provided for training in National Security Training Corps, lowered physical and mental standards, provided for a basic training period, and allowed communication with Members of Congress.
Subsec. (b). Act June 19, 1951, § 1(e), increased length of service from 21 to 24 months.
Subsec. (c). Act June 19, 1951, § 1(f), struck out short-term Army enlistment period and the General Classification Test, and established age for voluntary induction.
Subsec. (d). Act June 19, 1951, § 1(g), inserted “and prior to June 19, 1951,” after “hereafter” in pars. (1) and (2), and added par. (3).
Subsec. (e). Act June 19, 1951, § 1(i), inserted “6g” after “sections” in par. (1), and extended period of service from 21 to 24 months.
Subsec. (g). Act June 19, 1951, § 1(h), repealed subsec. (g), which authorized and directed the Secretaries of the Army, the Navy, and the Air Force to accept enlistments for periods of one year in the respective forces from among qualified male persons between the ages of eighteen and nineteen, subject to the authorized one-year enlistee active duty personnel strengths established by section 452 of the former Appendix to this title.
Subsec. (h). Act June 19, 1951, § 1(h), repealed subsec. (h) which related to permanent assignment outside continental United States.
Subsec. (k). Act June 19, 1951, § 1(j), added subsec. (k).
1950—Subsec. (a). Act Sept. 27, 1950, § 1(1)–(4), inserted before period in third sentence of first par. “and such number of persons as in his judgment may be required for the United States Coast Guard”, inserted before period in second par. “or the Secretary of the Treasury”, inserted after “the Secretary of Defense” in third par. “or the Secretary of the Treasury”, inserted after “United States Marine Corps” in fourth par. “or the United States Coast Guard”.
Subsec. (b). Act Sept. 27, 1950, § 1(5), inserted before period “or the Secretary of the Treasury”.
Subsec. (c). Act Sept. 27, 1950, § 3(a), added par. (4).
Subsecs. (i), (j). Act Sept. 9, 1950, §§ 1, 9, temporarily added subsecs. (i) and (j). See Termination Date of Subsection (i) and Former Subsection (j) note below.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 1957 Amendment
Pub. L. 85–62, § 9, June 27, 1957, 71 Stat. 208, as amended by Pub. L. 86–4, § 4, Mar. 23, 1959, 73 Stat. 13; Pub. L. 88–2, § 4, Mar. 28, 1963, 77 Stat. 4; Pub. L. 90–40, § 4, June 30, 1967, 81 Stat. 105; Pub. L. 92–129, title I, § 103, Sept. 28, 1971, 85 Stat. 355, provided that:
“This Act [see Tables for classification] takes effect July 1, 1957, and shall terminate July 1, 1973.”
Effective Date of 1952 Amendment
Act July 9, 1952, ch. 608, pt. VIII, § 813, 66 Stat. 509, provided that the amendment made by that section is effective as of June 19, 1951.
Termination Date of Subsection (i) and Former Subsection (j)
Act Sept. 9, 1950, ch. 939, § 7, 64 Stat. 828, as amended by acts June 19, 1951, § 2(b); June 29, 1953, § 9; and June 30, 1955, § 201, and by Pub. L. 85–62, § 8, provided that subsecs. (i) and (j) of this section, which were added by act Sept. 9, 1950, shall terminate as of June 30, 1957. See Effective and Termination Dates of 1957 Amendment note set out above with respect to subsec. (j) as reenacted and amended by Pub. L. 85–62.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Executive Documents
Proc. No. 2906. Registration of Doctors, Dentists and Allied Specialists
Proc. No. 2906, Oct. 6, 1950, 15 F.R. 6845, 64 Stat. Pt. 2, p. A437, as amended Proc. No. 2915, Dec. 28, 1950, 15 F.R. 9419, 64 Stat. Pt. 2, p. A455, provided:
1. Every male person who participated as a student in the Army specialized training program or any similar program administered by the Navy, or was deferred from service during World War II for the purpose of pursuing a course of instruction leading to education in a medical, dental, or allied specialist category, and has had less than twenty-one months of active duty in the Army, the Air Force, the Navy, the Marine Corps, the Coast Guard, or the Public Health Service subsequent to the completion of, or release from, such program or course of instruction (exclusive of time spent in post-graduate training), and who, on the day or any of the days hereinafter fixed for his registration (a) shall have received from any school, college, university, or similar institution of learning, one or more of the degrees of bachelor of medicine, doctor of medicine, doctor of dental surgery, doctor of dental medicine, doctor of veterinary surgery, and doctor of veterinary medicine, (b) is within any of the several States of the United States, the District of Columbia, the Territory of Alaska, the Territory of Hawaii, Puerto Rico, or the Virgin Islands, (c) is not a member of any reserve component of the armed forces of the United States, and (d) shall not have attained the fiftieth anniversary of the day of his birth is required to and shall on that day or any of those days present himself for and submit to registration before a duly designated registration official or selective service local board having jurisdiction in the area in which he has his permanent home or in which he may happen to be on that day or any of those days.
2. The special registration of the male persons required to submit to registration by paragraph numbered 1 hereof shall take place in the several States of the United States, the District of Columbia, the Territories of Alaska and Hawaii, Puerto Rico, and the Virgin Islands between the hours of 8:00 a.m. and 5:00 p.m. on the day or days hereinafter designated for their registration, as follows:
(a) Persons who shall have received any of the degrees above referred to on or before October 16, 1950, shall be registered on Monday, the 16th day of October, 1950.
(b) Persons who receive any of the degrees above referred to after October 16, 1950, shall be registered on the day they receive any such degree, or within five days thereafter.
(c) Persons who shall have received any of the degrees above referred to and who enter any of the several States of the United States, the District of Columbia, the Territory of Alaska, the Territory of Hawaii, Puerto Rico, or the Virgin Islands after October 16, 1950, shall be registered on the day of such entrance, or within five days thereafter.
3. Every male person who has not had active service in the Army, the Air Force, the Navy, the Marine Corps, the Coast Guard, or the Public Health Service subsequent to September 16, 1940, and every male person not included in the first or the second of the priorities defined in section 4(i)(2) of the Selective Service Act of 1948, as amended [now the Military Selective Service Act, former 50 U.S.C. 3803(i)(2)], who has had active service in the Army, the Air Force, the Navy, the Marine Corps, the Coast Guard, or the Public Health Service subsequent to September 16, 1940, who on the day or any of the days hereafter fixed by the Director of Selective Service for his registration (a) shall have received from a school, college, university, or similar institution of learning one or more of the degrees of bachelor of medicine, doctor of medicine, doctor of dental surgery, doctor of dental medicine, doctor of veterinary surgery, and doctor of veterinary medicine, (b) is within any of the several States of the United States, the District of Columbia, the Territory of Alaska, the Territory of Hawaii, Puerto Rico, or the Virgin Islands, (c) is not a member of any reserve component of the armed forces of the United States, and (d) shall not have attained the fiftieth anniversary of the day of his birth is required to and shall on that day or any of those days present himself for and submit to registration before a duly designated registration official or selective service local board having jurisdiction in the area in which he has his permanent home or in which he may happen to be on that day or any of those days.
4. The Director of Selective Service is hereby authorized and directed to fix the date or dates for the special registration required under paragraph numbered 3 hereof: Provided, that the date or dates so fixed shall be not later than January 16, 1951.
5. The Director of Selective Service is hereby authorized to require special registration of, and fix the date or dates of registration for, all other persons who are subject to registration under section 4(i) of the Selective Service Act of 1948, as amended, and who are not required to register under or pursuant to this proclamation.
6. All orders and directives of the Director of Selective Service issued pursuant to paragraph numbered 4 or paragraph numbered 5 hereof shall be published in the Federal Register.
7. (a) A person subject to registration under or pursuant to this proclamation who, because of circumstances beyond his control, is unable to present himself for and submit to registration during the hours of the day or any of the days fixed for registration shall do so as soon as possible after the cause for such inability ceases to exist.
(b) Every person subject to registration under or pursuant to this proclamation who has registered in accordance with Proclamation No. 2799 of July 20, 1948, issued under the Selective Service Act of 1948, as amended, [now the Military Selective Service Act] and the regulations prescribed thereunder, shall, notwithstanding such registration, present himself for and submit to registration as required by or pursuant to this proclamation.
(c) The duty of any person to present himself for and submit to registration in accordance with Proclamation No. 2799 of July 20, 1948, issued under the Selective Service Act of 1948, as amended [now the Military Selective Service Act] and the regulations prescribed thereunder, shall not be affected by this proclamation.
8. Every person subject to registration under or pursuant to this proclamation is required to familiarize himself with the rules and regulations governing such registration and to comply therewith.
9. I call upon the Governors of each of the several States, the Territories of Alaska and Hawaii, Puerto Rico, and the Virgin Islands and the Board of Commissioners of the District of Columbia, and all officers and agents of the United States and all officers and agents of the several States, the Territories of Alaska and Hawaii, Puerto Rico, the Virgin Islands, and the District of Columbia, and political subdivisions thereof, and all local boards and agents thereof appointed under the provisions of title I of the Selective Service Act of 1948, as amended [now the Military Selective Service Act, 50 U.S.C. 3801 et seq.], or the regulations prescribed thereunder, to do and perform all acts and services necessary to accomplish effective and complete registration.
10. In order that there may be full cooperation in carrying into effect the purposes of section 4(i) of title I of the Selective Service Act of 1948, as amended, I urge all employers and Government agencies of all kinds—Federal, State, territorial, and local—to give those under their charge sufficient time in which to fulfill the obligations of registration incumbent upon them under the said Act and under or pursuant to this proclamation.
Proc. No. 2915. Exemptions From Registration
Proc. No. 2915, Dec. 28, 1950, 15 F.R. 9419, 64 Stat. 494, provided:
Proclamation No. 2906 of October 6, 1950 [set out above], be, and it is hereby, amended, effective as of October 6, 1950, so as to exempt from the force and effect thereof, until otherwise directed by the President by proclamation, (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, the Coast and Geodetic Survey, and the Public Health Service, and (2) aliens who are residing in the United States and have not declared their intention of becoming citizens of the United States and who are also in one of the following categories: (a) alien students admitted under subdivision (e) of section 4 of the Immigration Act approved May 26, 1924, as amended [former 8 U.S.C. 204], (b) aliens recognized as diplomatic, consular, military or civilian officials or employees of a foreign government and members of their families, (c) aliens who are officials or employees of a public international organization recognized under the International Organizations Immunities Act, approved December 29, 1945 (59 Stat. 669) [22 U.S.C. 288 et seq.], and members of their families, (d) aliens who have entered the United States and remain therein pursuant to the provisions of section 11 of the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, as approved in Public Law 357, 80th Congress (61 Stat. 756) [22 U.S.C. 287 note], (e) aliens who are nationals of a country with which there is in effect a treaty or international agreement exempting its nationals from military service while they are within the United States, or (f) other aliens whose admission to the United States is for a temporary stay only: Provided, That such exemption shall not continue after the cause thereof shall cease to exist.
Ex. Ord. No. 10762. Delegation of Authority to Secretary of Defense
Ex. Ord. No. 10762, Mar. 28, 1958, 23 F.R. 2119, provided:
1. There is hereby delegated to the Secretary of Defense:
(a) The authority vested in the President by section 4(l)(1) of the Universal Military Training and Service Act [50 U.S.C. 3803(l)(1)], as added by section 2 of the Act of June 27, 1957 (P.L. 85–62; 71 Stat. 206), to order to active duty (other than for training) for a period of not more than 24 consecutive months, with or without his consent, any member of a reserve component of the armed forces of the United States who is in a medical, dental, or allied specialist category, who has not attained the thirty-fifth anniversary of the date of his birth, and who has not performed at least one year of active duty (other than for training).
(b) The authority vested in the President by section 5(c) of the Universal Military Training and Service Act [50 U.S.C. 3805(c)], as added by section 5 of the Act of June 27, 1957 (P.L. 85–62; 71 Stat. 207), to prescribe regulations with respect to the appointment, reappointment, or promotion of any qualified person who (1) is liable for induction or (2) as a member of a reserve component is ordered to active duty as a physician or dentist or in an allied specialist category in the armed forces of the United States.
2. Executive Order No. 10478 of August 5, 1953, as amended by Executive Order No. 10658 of February 15, 1956, is hereby revoked.
Ex. Ord. No. 10776. Delegation of President’s Authority
Ex. Ord. No. 10776, July 28, 1958, 23 F.R. 5683, provided:
By virtue of the authority vested in me by title 3 of the United States Code, and as President of the United States and Commander in Chief of the Armed Forces, there is hereby delegated to the Secretary of Defense the authority (relating to the prescribing of rules and regulations modifying the standards and requirements with respect to induction of persons into the armed forces) vested in the President by the last proviso of section 4(a) of the Universal Military Training and Service Act [50 U.S.C. 3803(a)], added by the act of July 28, 1958 [Pub. L. 85–564]. The Secretary of Defense is hereby authorized to re-delegate that authority to any official of the Department of Defense who is required to be appointed by and with the advice and consent of the Senate. No person shall be inducted into the armed forces for training and service who does not meet the standards and requirements specified in the rules and regulations prescribed by the Secretary or his designee pursuant to this order.