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EFFECTIVE DATE Section effective Nov. 7, 1973, see section 10 of Pub. L. 93-148, set out as a note under section 1541 of this title.

§ 1547. Interpretation of joint resolution. (a) Inferences from any law or treaty.

Authority to introduce United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances shall not be inferred

(1) from any provision of law (whether or not in effect before November 7, 1973), including any provision contained in any appropriation Act, unless such provision specifically authorizes the introduction of United States Armed Forces into hostilities or into such situations and states that it is intended to constitute specific statutory authorization within the meaning of this joint resolution; or

(2) from any treaty heretofore or hereafter ratified unless such treaty is implemented by legislation specifically authorizing the introduction of United States Armed Forces into hostilities or into such situations and stating that it is intended to constitute specific statutory authorization within the meaning of this joint resolution.

(b) Joint headquarters operations of high-level military commands.

Nothing in this joint resolution shall be construed to require any further specific statutory authorization to permit members of United States Armed Forces to participate jointly with members of the armed forces of one or more foreign countries in the headquarters operations of high-level military commands which were established prior to November 7, 1973, and pursuant to the United Nations Charter or any treaty ratified by the United States prior to such date.

(c) Introduction of United States Armed Forces. For purposes of this joint resolution, the term "introduction of United States Armed Forces" includes the assignment of members of such armed forces to command, coordinate, participate in the movement of, or accompany the regular or irregular military forces of any foreign country or government when such military forces are engaged, or there exists an imminent threat that such forces will become engaged, in hostilities.

(d) Constitutional authorities or existing treaties unaffected; construction against grant of Presidential authority respecting use of United States Armed Forces.

Nothing in this joint resolution

(1) is intended to alter the constitutional authority of the Congress or of the President, or the provisions of existing treaties; or

(2) shall be construed as granting any authority to the President with respect to the introduction of United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances which authority he would not have had in the absence of this joint resolution.

(Pub. L. 93-148, § 8, Nov. 7, 1973, 87 Stat. 558.)

EFFECTIVE DATE

Section effective Nov. 7, 1973, see section 10 of Pub. L. 93-148, set out as a note under section 1541 of this title. § 1548. Separability clause.

If any provision of this joint resolution or the application thereof to any person or circumstance is held invalid, the remainder of the joint resolution and the application of such provision to any other person or circumstance shall not be affected thereby. (Pub. L. 93-148, § 9, Nov. 7, 1973, 87 Stat. 559.)

EFFECTIVE DATE

Section effective Nov. 7, 1973, see section 10 of Pub. L. 93-148, set out as a note under section 1541 of this title.

Act

TITLE 50, APPENDIX.-WAR AND NATIONAL DEFENSE

Sec. Micronesian War and Postwar Claims [New].. 2018

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TERMINATION OF HOSTILITIES IN INDOCHINA

Pub. L. 92-129, title IV, § 401, Sept. 28, 1971, 85 Stat. 360 provided that:

"It is hereby declared to be the sense of Congress that the United States terminate at the earliest practicable date all military operations of the United States in Indochina, and provide for the prompt and orderly withdrawal of all United States military forces at a date certain subject to the release of all American prisoners of war held by the Government of North Vietnam and forces allied with such Government, and an accounting for all Americans missing in action who have been held by or known to such Government or such forces. The Congress hereby urges and requests the President to implement the above expressed policy by initiating immediately the following actions:

"(1) Negotiate with the Government of North Vietnam for an immediate cease-fire by all parties to the hostilities in Indochina.

"(2) Negotiate with the Government of North Vietnam for the establishing of a final date for the withdrawal from Indochina of all military forces of the United States contingent upon the release at a date certain of all American prisoners of war held by the Government of North Vietnam and forces allied with such Government.

"(3) Negotiate with the Government of North Vietnam for an agreement which would provide for a series of phased and rapid withdrawals of United States military forces from Indochina subject to a corresponding series of phased releases of American prisoners of war, and for the release of any remaining American prisoners of war concurrently with the withdrawal of all remaining military forces of the United States by not later than the date established pursuant to paragraph (2) hereof."

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

§6 Alien Property Custodian; general powers and duties.

The President is authorized to appoint and prescribe the duties of an official to be known as the alien property custodian, who shall be empowered to receive all money and property in the United States due or belonging to an enemy, or ally of enemy, which may be paid, conveyed, transferred, assigned, or delivered to said custodian under the provisions of this Act [sections 1 to 6, 7 to 39 and 41 to 44 of this Appendix]; and to hold, administer, and account for the same under the general direction of the President and as provided in this Act [said sections]. The President may further employ in the District of Page 2153

Columbia and elsewhere and fix the compensation of such clerks, attorneys, investigators, accountants, and other employees as he may find necessary for the due administration of the provisions of this Act [said sections]; Provided, That such clerks, investigators, accountants, and other employees shall be appointed from lists of eligibles to be supplied by the Civil Service Commission and in accordance with the civil-service law: Provided further, That the President shall cause a detailed report to be made to Congress on the first day of January of each year of all proceedings had under this Act [said sections] during the year preceding. Such report shall contain a list of all persons appointed or employed, with the salary or compensation paid to each, and a statement of the different kinds of property taken into custody and the disposition made thereof. (As amended June 6, 1972, Pub. L. 92–310, title II, § 235, 86 Stat. 214.)

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This Act, referred to in subsec. (a) is act June 24, 1948, ch. 625, 62 Stat. 604, as amended. Title I of the Act, as amended, is classified to sections 451, 453, 454, 455, 456, and 458 to 471a of this Appendix. Title II of the Act was classified to various sections of former Title 10, Army and Air Force. See Tables volume. For location of such sections in revised Title 10, Armed Forces, see disposition table, set out at the beginning of Title 10, Armed Forces.

AMENDMENTS

1971-Subsec. (a). Pub. L. 92-129 substituted "Military Selective Service Act" for "Military Selective Service Act of 1967".

§ 453. Registration.

Except as otherwise provided in this title [sections 451, 453, 454, 455, 456, and 458 to 471a of this Appendix] 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 registration, 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 determined 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 101 (a) (15) of the Immigration and Nationality Act, as amended (66 Stat. 163; 8 U.S.C. 1101), for so long as he continues to maintain a lawful nonimmigrant status in the United States. (As amended Sept. 28, 1971, Pub. L. 92-129, title I, §101(a)(2), 85 Stat. 348).

AMENDMENTS

1971-Pub. L. 92-129 substituted "male person residing in the United States" for "male person now or hereafter in the United States" and added provision making section inapplicable to aliens lawfully admitted to the United States as nonimmigrants under section 1101(a)(10) of Title 8 for so long as they maintain lawful nonimmigrant status in the United States.

PROC. NO. 4101. REGISTRATION-SUPPLEMENTING PRIOR

PROCLAMATIONS

Proc. No. 4101, Jan. 13, 1972, 37 F.R. 659, provided: Under authority vested in him by the Military Selective Service Act (62 Stat. 604), as amended [section 451 et seq. of this Appendix], the President by Proclamations 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, and No. 3314 of September 14, 1959 [set out as a note under this section] provided 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 [this section].

Public Law 92-129, approved September 28, 1971 [section 451 et seq. of this Appendix], excluded from the requirement of registration under section 3 of the said act [this section] any alien lawfully admitted to the United States as a nonimmigrant under section 101 (a) (15) of the Immigration and Nationality Act, as amended (66 Stat. 163; 8 U.S.C. 1101), for so long as he continues to maintain a lawful nonimmigrant status in the United States.

Certain provisions of the aforesaid proclamations refer to persons who shall be registered on the day they attain the eighteenth anniversary of the day of their birth or within five days thereafter.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, acting under and by virtue of the authority vested in me by the Constitution and the statutes, including the Military Selective Service Act, as amended [section 451 et seq. of this Appendix], do proclaim that the registration of persons shall continue to be accomplished in accordance with the provisions of the aforesaid proclamations except (1) that aliens excluded from the requirement of registration by Public Law 92129 approved September 28, 1971 [section 451 et seq. of this Appendix] shall not be registered, and (2) that persons required by the aforesaid proclamations to be registered on the day they attain the eighteenth anniversary of the day of their birth or within five days thereafter shall be registered on the day they attain the eighteenth anniversary of the day of their birth or within the period of sixty days commencing thirty days before such date.

IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of January, in the year of our Lord nineteen hundred seventy-two, and of the Independence of the United States of America the one hundred ninetysixth.

RICHARD NIXON.

§ 454. 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 title [sections 451, 453, 454, 455, 456, and 458 to 471a of this

Appendix], every person required to register pursuant to section 3 of this title [section 453 of this Appendix] who is between the ages of eighteen years and six months and twenty-six years, at the time fixed for his registration, or who attains the age of eighteen years and six months after having been required to register pursuant to section 3 of this title [section 453 of this Appendix], or who is otherwise liable as provided in section 6(h) of this title [section 456 (h) of this Appendix], 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 examination, and shall, as soon as practicable following his registration, be so classified and examined, both physically and mentally, in order to determine his availability for induction for training and service in the Armed Forces: Provided 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 available shall be immediately inducted. The President 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 title [sections 451, 453, 454, 455, 456, and 458 to 471a of this Appendix] (including but not limited to selection 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 title [sections 451, 453, 454, 455, 456, and 458 to 471a of this Appendix] of persons who have not attained the nineteenth anniversary of the day of their birth has been reduced or eliminated pursuant to the provisions of section 4(k) of this title [subsection (k) of this section], and except as otherwise provided in this title [sections 451, 453, 454, 455, 456, and 458 to 471a of this Appendix], every person who is required to register under this title [said sections] 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 6(h) of this title [section 456 (h) of this Appendix], shall be liable for training in the National Security Training Corps: Provided, That persons deferred under the provisions of section 6 of this title [section 456 of this Appendix] shall not be relieved from liability for induction into the National Security Training Corps solely by reason of having exceeded the age of nineteen years during the period of such deferment. The President is authorized, 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 hereinafter provided such number of persons as may be required to further the purposes of this title [sections 451, 453, 454, 455, 456, and 458 to 471a of this Appendix]

No person shall be inducted for such training and service until adequate provision shall have been made for such shelter, sanitary facilities, water supplies, heating and lighting arrangements, medical care, and hospital accommodations for such persons

as may be determined by the Secretary of Defense or the Secretary of Transportation to be essential to the public and personal health.

(b) Length of service; release of individuals accepted into Army National Guard, Air National Guard, and other reserve components.

Each person inducted into the Armed Forces under the provisions of subsection (a) of this section shall serve on active training and service for a period of twenty-four consecutive months, unless sooner released, transferred, or discharged in accordance with procedures prescribed by the Secretary of Defense (or the Secretary of Transportation with respect to the United States Coast Guard) or as otherwise prescribed by subsection (d) of section 4 of this title [subsection (d) of this section]. The Secretaries of the Army, Navy, and Air Force, with the approval of the Secretary of Defense (and the Secretary of Transportation with respect to the United States Coast Guard), may provide, by regulations which shall be as nearly uniform as practicable, for the release from training and service in the armed forces prior to serving the periods required by this subsection of individuals who volunteered for and are accepted into organized units of the Army National Guard and Air National Guard and other reserve components.

(d) Transfer to Reserve component; period of service. (1) Each person who hereafter and prior to the enactment of the 1951 Amendments to the Universal Military Training and Service Act [June 19, 1951] is inducted, enlisted, or appointed and serves for a period of less than three years in one of the armed forces and meets the qualifications for enlistment or appointment in a reserve component of the armed force in which he serves, shall be transferred to a reserve component of such armed force, and until the expiration of a period of five years after such transfer, or until he is discharged from such reserve component, whichever occurs first, shall be deemed to be a member of such reserve component and shall be subject to such additional training and service as may now or hereafter be prescribed by law for such reserve component: Provided, That any such person who completes at least twenty-one months of service in the armed forces and who thereafter serves satisfactorily (1) on active duty in the armed forces under a voluntary extension for a period of at least one year, which extension is authorized, or (2) in an organized unit of any reserve component of any of the armed forces for a period of at least thirty-six consecutive months, shall, except in time of war or national emergency declared by the Congress, be relieved from any further liability under this subsection to serve in any reserve component of the armed forces of the United States, but nothing in this subsection shall be construed to prevent any such person, while in a reserve component of such forces, from being ordered or called to active duty in such forces.

(3) Each person who, subsequent to June 19, 1951, and on or before August 9, 1955, is inducted, en

listed, or appointed, under any provision of law, in the Armed Forces, including the reserve components thereof, or in the National Security Training Corps prior to attaining the twenty-sixth anniversary of his birth, shall be required to serve on active training and service in the Armed Forces or in training in the National Security Training Corps, and in a reserve component, for a total period of eight years, unless sooner discharged on grounds of personal hardship, in accordance with regulations and standards prescribed by the Secretary of Defense (or the Secretary of Transportation with respect to the United States Coast Guard). Each such person, on release from active training and service in the Armed Forces or from training in the National Security Training Corps, shall, if physically and mentally qualified, be transferred to a reserve component of the Armed Forces, and shall serve therein for the remainder of the period which he is required to serve under this paragraph and shall be deemed to be a member of the reserve component during that period. If the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force, or the Secretary of Transportation with respect to the United States Coast Guard, determines that 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 he served is available to, and can, without undue personal hardship, be filled by such a person, that person shall enlist, enroll, or accept appointment in, or accept assignment to, the organized unit or officers' training program, and serve satisfactorily therein.

(As amended Sept. 28, 1971, Pub. L. 92-129, title I, § 101(a) (3)-(7), 85 Stat. 348, 349.)

AMENDMENTS

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)" following "inducted, enlisted, or appointed".

Subsec. (d) (3). Pub. L. 92-129, § 101 (a) (7), substituted "Secretary of Transportation" for "Secretary of the Treasury".

EFFECTIVE AND TERMINATION DATES OF 1957 AMENDMENTS

Section 9 of Pub. L. 85-62 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 [amending this section and sections 455 and 456 of this Appendix, and notes set out under this section and former section 454a of this Appendix, and notes set out under former section 171a of former Title 5. Executive Departments and Government Officers and Employees, and section 234b of former Title 37, Pay and Allowances] takes effect July 1, 1957, and shall terminate on July 1, 1973."

OFFICE OF EMERGENCY PREPAREDNESS Functions of the Director of the Office of Emergency Preparedness under Ex. Ord. No. 11415, June 24, 1968, 33 F.R. 9329 [set out as a note under this section], transferred to the Administrator of General Services, see section 3 of Ex. Ord. No. 11725, June 27, 1973, 38 F.R. 17175, set out as a note under section 2271 of this Appendix.

§ 455. Manner of selection of men for training and service; quotas; appointment, reappointment, or promotion of persons in medical categories.

(a) (1) The selection of persons for training and service under section 4 [section 454 of this Appendix] shall be made in an impartial manner, under such rules and regulations as the President may prescribe, from the persons who are liable for such training and service and who at the time of selection are registered and classified, but not deferred or exempted: Provided, That in the selection of persons for training and service under this title [sections 451, 453, 454, 455, 456 and 458 to 471a of this Appendix], and in the interpretation and execution of the provisions of this title [said sections], there shall be no discrimination against any person on account of race or color: Provided further, That in the classification of registrants within the jurisdiction of any local board, the registrants of any particular registration may be classified, in the manner prescribed by and in accordance with rules and regulations prescribed by the President, before, together with, or after the registrants of any prior registration or registrations; and in the selection for induction of persons within the jurisdiction of any local board and within any particular classification, persons who were registered at any particular registration may be selected, in the manner prescribed by and in accordance with rules and regulations prescribed by the President, before, together with, or after persons who were registered at any prior registration or registrations: Provided further, That nothing herein shall be construed to prohibit the President, under such rules and regulations as he may prescribe, from providing for the selection or induction of persons by age group or groups or from providing for the selection or induction of persons qualified in needed medical, dental, or allied specialist categories pursuant to requisitions submitted by the Secretary of Defense: And provided further, That, notwithstanding any other provision of law, except section 314 of the Immigration and Nationality Act (8 U.S.C. 1425), no person who is qualified in a needed medical, dental, or allied specialist category, and who is liable for induction under section 4 of this title [section 454 of this Appendix], shall be held to be ineligible for appointment as a commissioned officer of an Armed Force of the United States on the sole ground that he is not a citizen of the United States or has not made a declaration of intent to become a citizen thereof, and any such person who is not a citizen of the United States and who is appointed as a commissioned officer may, in lieu of the oath prescribed by section 3331 of Title 5, take such oath of service and obedience as the Secretary of Defense may prescribe: And provided further, That

(1) no local board shall order for induction for training and service in the Armed Forces of the United States any person who has not attained the age of nineteen unless there is not within the jurisdiction of such local board a sufficient number of persons who are deemed by such local board to be available for induction and who have attained the age of nineteen to enable such local board to meet a call for men which it has been ordered to furnish for induction;

(2) no local board shall order for induction for training and service in the Armed Forces of the United States any person who has not attained the age of nineteen, if there is any person within the jurisdiction of such local board who (i) is as much as ninety days older, (ii) has not attained the age of nineteen, and (iii) is deemed by the local board to be available for induction; and

(3) no local board shall order for induction for training and service in the Armed Forces of the United States an alien unless such alien shal have resided in the United States for one year.

(d) Whenever the President has provided for the selection of persons for training and service in accordance with random selection under subsection (a) of this section, calls for induction may be placed under such rules and regulations as he may prescribe, notwithstanding the provisions of subsection (b) of this section.

(e) Notwithstanding any other provision of this Act, not more than 130,000 persons may be inducted into the Armed Forces under this Act in the fiscal year ending June 30, 1972, and not more than 140,000 in the fiscal year ending June 30, 1973, unless a number greater than that authorized in this subsection for such fiscal year or years is authorized by a law enacted after the date of enactment of this subsection [September 28, 19711. (As amended Sept. 28, 1971, Pub. L. 92-129, title I, § 101(a) (8), (9), 85 Stat. 349.)

REFERENCES IN TEXT

This Act, referred to in subsec. (e), is act June 24, 1948, ch. 625, 62 Stat. 604, as amended. Title I of the Act, as amended, is classified to sections 451, 453, 454, 455, 456, and 458 to 471a of this Appendix. Title II of the Act was classified to various sections of former Title 10, Army and Air Force. See Tables volume. For location of such sections in revised Title 10, Armed Forces, see disposition table, set out at the beginning of Title 10, Armed Forces.

CODIFICATION

In subsec. (a) (1), "section 3331 of Title 5" was substituted for "section 1757 of the Revised Statutes, as amended (5 U.S.C. 16)" on authority of section 7(b) of Pub. L. 89-554, Sept. 6, 1966, 80 Stat, 631, section 1 of which enacted Title 5, Government Organization and Employees.

1971-Subsec.

AMENDMENTS

(a)(1). Pub. L. 92-129, § 101 (a) (8), added cl. (3), covering induction orders for aliens residing in the United States for one year, to the last proviso.

Subsecs. (d), (e). Pub. L. 92-129, § 101(a) (9), added subsecs. (d) and (e).

EFFECTIVE AND TERMINATION DATE OF 1957 AMENDMENT Pub. L. 85-62 effective July 1, 1957, and terminating July 1, 1973, see note set out under section 454 of this Appendix.

§ 456. Deferments and exemptions from training and service.

(a) (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; 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, United States Naval Reserves; students enrolled in

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