(13) Has in any other way participated in the activities, planning, actions, objectives, or purposes of the organization;

(14) The enumeration of the above subjects of evidence on membership or participation in the Communist Party or any other organization as above defined, shall not limit the inquiry into and consideration of any other subject of evidence on membership and participation as herein stated. (Aug. 24, 1954, ch. 886, § 5, 68 Stat. 777.)

REFERENCES IN TEXT

"This Act", as used in the text of opening paragraph, refers to the Communist Control Act of 1954, act Aug. 24, 1954. For distribution of that act in this Code, see Short Title note under section 841 of this title.

SUBCHAPTER IV.-REGISTRATION OF CERTAIN PERSONS TRAINED IN FOREIGN ESPIONAGE SYSTEMS

CODIFICATION

This subchapter was not enacted as a part of the Internal Security Act of 1950, which comprises this chapter.

§ 851. Registration of certain persons; filing statement; regulations.

Except as provided in section 852 of this title, every person who has knowledge of, or has received instruction or assignment in, the espionage, counterespionage, or sabotage service or tactics of a government of a foreign country or of a foreign political party, shall register with the Attorney General by filing with the Attorney General a registration statement in duplicate, under oath, prepared and filed in such manner and form, and containing such statements, information, or documents pertinent to the purposes and objectives of this subchapter as the Attorney General, having due regard for the national security and the public interest, by regulations prescribes. (Aug. 1, 1956, ch. 849, § 2, 70 Stat. 899.) SEPARABILITY

Section 9 of act Aug. 1, 1956, provided: "If any provision of this Act [this subchapter] or the application thereof to any person or circumstances is held invalid, the remainder of the Act [this subchapter], and the application of such provisions to other persons or circumstances, is not affected thereby."

§ 852. Exemption from registration.

The registration requirements of section 851 of this title do not apply to any person

(a) who has obtained knowledge of or received instruction or assignment in the espionage, counterespionage, or sabotage service or tactics of a foreign government or foreign political party by reason of civilian, military, or police service or employment with the United States Government, the governments of the several States, their political subdivisions, the District of Columbia, the Territories, or the Canal Zone;

(b) who has obtained such knowledge solely by reason of academic or personal interest not under the supervision of or in preparation for service with the government of a foreign country or a foreign political party;

(c) who has made full disclosure of such knowledge, instruction, or assignment to officials within

an agency of the United States Government having responsibilities in the field of intelligence, which disclosure has been made a matter of record in the files of such agency, and concerning whom a written determination has been made by the Attorney General or the Director of Central Intelligence that registration would not be in the interest of national security;

(d) whose knowledge of, or receipt of instruction or assignment in, the espionage, counterespionage, or sabotage service or tactics of a government of a foreign country or of a foreign political party, is a matter of record in the files of an agency of the United States Government having responsibilities in the field of intelligence and concerning whom a written determination is made by the Attorney General or the Director of Central Intelligence, based on all information available, that registration would not be in the interest of national security;

(e) who is a duly accredited diplomatic or consular officer of a foreign government, who is so recognized by the Department of State, while he is engaged exclusively in activities which are recognized by the Department of State as being within the scope of the functions of such officer, and any member of his immediate family who resides with him;

(f) who is an official of a foreign government recognized by the United States, whose name and status and the character of whose duties as such official are of record in the Department of State, and while he is engaged exclusively in activities which are recognized by the Department of State as being within the scope of the functions of such official, and any member of his immediate family who resides with him;

(g) who is a member of the staff of or employed by a duly accredited diplomatic or consular officer of a foreign government who is so recognized by the Department of State, and whose name and status and the character of whose duties as such member or employee are a matter of record in the Department of State, while he is engaged exclusively in the performance of activities recognized by the Department of State as being within the scope of the functions of such member or employee;

(h) Who is an officially acknowledged and sponsored representative of a foreign government and is in the United States on an official mission for the purpose of conferring or otherwise cooperating with United States intelligence or security personnel;

(i) who is a civilian or one of the military personnel of a foreign armed service coming to the United States pursuant to arrangements made under a mutual defense treaty or agreement, or who has been invited to the United States at the request of an agency of the United States Government; or

(j) who is a person designated by a foreign government to serve as its representative in or to an international organization in which the United States participates or is an officer or employee of such an organization or who is a member of the immediate family of, and resides with, such a representative, officer, or employee. (Aug. 1, 1956, ch. 849, 3, 70 Stat. 899.)

§ 853. Retention of registration statements; public examination; withdrawal.

The Attorney General shall retain in permanent form one copy of all registration statements filed under this subchapter. They shall be public records and open to public examination at such reasonable hours and under such regulations as the Attorney General prescribes, except that the Attorney General, having due regard for the national security and public interest, may withdraw any registration statement from public examination. (Aug. 1, 1956, ch. 849, § 4, 70 Stat. 900.)

§ 854. Rules, regulations, and forms.

The Attorney General may at any time, make, prescribe, amend, and rescind such rules, regulations and forms as he deems necessary to carry out the provisions of this subchapter. (Aug. 1, 1956, ch. 849, 5, 70 Stat. 900.)

§ 855. Violations; penalties; deportation.

(a) Whoever willfully violates any provision of this subchapter or any regulation thereunder, or in any registration statement willfully make a false statement of a material fact or willfully omits any material fact, shall be fined not more than $10,000 or imprisoned for not more than five years, or both.

(b) Any alien convicted of a violation of this subchapter or any regulation thereunder is subject to deportation in the manner provided by sections 1251-1260 of Title 8. (Aug. 1, 1956, ch. 849, § 6, 70 Stat. 900.)

CROSS REFERENCES

Felony defined, see section 1 of Title 18, Crimes and Criminal Procedure.

§856. Continuing offense.

Failure to file a registration statement as required by this subchapter is a continuing offense for as long as such failure exists, notwithstanding any statute of limitation or other statute to the contrary. (Aug. 1, 1956, ch. 849, § 7, 70 Stat. 900.)

CROSS REFERENCES

Period of limitations upon non-capital offenses, see section 3282 of Title 18, Crimes and Criminal Procedure. § 857. Compliance with other registration statutes. Compliance with the registration provisions of this subchapter does not relieve any person from compliance with any other applicable registration statute. (Aug. 1, 1956, ch. 849, § 8, 70 Stat. 900.) Chapter 24.-NATIONAL DEFENSE FACILITIES §§ 881-887. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641.

Section 881, act Sept. 11, 1950, ch. 945, § 2, 64 Stat. 829, stated the purpose of former chapter 24, which provided for national defense facilities, and is now covered by section 2231 of Title 10, Armed Forces.

Section 882, acts Sept. 11, 1950, ch. 945, § 3, 64 Stat. 830; Aug. 9, 1955, ch. 662, § 1 (a), (b), 69 Stat. 593; Aug. 3, 1956, ch. 939, title IV, § 414, 70 Stat. 1018; Aug. 29, 1957, Pub. L. 85-215, § 2, 71 Stat. 490, related to acquisition and construction of defense facilities, and is now covered by section 2233 of Title 10, Armed Forces. See, also, note under section 2233 of Title 10. Acts Aug. 9, 1955, ch. 662, § 1 (a), (b), 69 Stat. 593; Aug. 3, 1956, ch. 939, title IV, § 414, 70 Stat. 1018; Aug. 29, 1957, Pub. L. 85-215, § 2, 71 Stat. 490, were repealed by Pub. L. 85–861, § 36A, Sept. 2, 1958, 72 Stat. 1569, 1570.

Section 883, acts Sept. 11, 1950, ch. 945, § 4, 64 Stat. 830; Aug. 9, 1955, ch. 662, § 1 (c)-(e), 69 Stat. 593, related to location of facilities, change of location of units, title and maintenance of facilities, and to use of Federal and State facilities, and is now covered by sections 2233, 2236 and 2238 of Title 10, Armed Forces. Act Aug. 9, 1955, ch. 662, § 1 (c)-(e), 69 Stat. 593, was repealed by Pub. L. 85-861, § 36A, Sept. 2, 1958, 72 Stat. 1569.

Section 884, act Sept. 11, 1950, ch. 945, § 5, 64 Stat. 831, authorized the Secretary of Defense to delegate his authority under former chapter 24, and is now covered by section 2233 of Title 10, Armed Forces.

Section 885, acts Sept. 11, 1950, ch. 945, § 6, 64 Stat. 831; Aug. 9, 1955, ch. 662, § 1(f), 69 Stat. 594, related to supervision of construction, expansion, rehabilitation or conversion of facilities, and is now covered by section 2237 of Title 10, Armed Forces. Act Aug. 9, 1955, ch. 662, § 1(f), 69 Stat. 594, was repealed by Pub. L. 85-861, § 36A, Sept. 2, 1958, 72 Stat. 1569.

Section 886, acts Sept. 11, 1950, ch. 945, § 7, 64 Stat. 831; Aug. 9, 1955, ch. 662, § 1 (g), (h), 69 Stat. 594, defined terms used in former sections 881-887 of this title, and is now covered by section 2232 of Title 10, Armed Forces. Act Aug. 9, 1955, ch. 662, § 1 (g), (h), 69 Stat. 594, was repealed by Pub. L. 85-861, § 36A, Sept. 2, 1958, 72 Stat. 1569.

Section 887, act Sept. 11, 1950, ch. 945, § 8, 64 Stat. 832, authorized appropriations to carry out the purposes of former chapter 24.

Armed Forces. Act Aug. 9, 1955, ch. 665, § 2 (b)-(d), 69 Stat. 598, was repealed by Pub. L. 85-861, § 36A, Sept. 2, 1958, 72 Stat. 1569.

SUBCHAPTER I.-GENERAL PROVISIONS

88 901-905. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641.

Section 901, act July 9, 1952, ch. 608, Pt. I, § 101, 66 Stat. 481, defined terms used in this chapter, and is now covered by sections 101 and 276 of Title 10, Armed Forces.

Sections 902-905, act July 9, 1952, ch. 608, Pt. VIII, §§ 809-812, 66 Stat. 509, related to savings provisions for laws relating to appointment in reserve components, accrued rights, authority to order reservists to active duty, responsibilities and functions of Chief of the National Guard Bureau, and to retroactive pay.

SUBCHAPTER II.-RESERVE COMPONENTS
GENERALLY

PART 1. Purpose and GENERAL ORGANIZATION

§§ 921-935. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641.

Section 921, act July 9, 1952, ch. 608, Pt. II, § 201, 66 Stat. 482, stated the purpose of the reserve components, and provided for the maintenance of National Guard and Air National Guard, and is now covered by sections 262 and 263 of Title 10, Armed Forces, and section 102 of Title 32, National Guard.

Section 922, act July 9, 1952, ch. 608, Pt. II, § 202, 66 Stat. 482, enumerated the reserve components, and is now covered by section 261 of Title 10.

Section 923, act July 9, 1952, ch. 608, Pt. II, § 203, 66 Stat. 483, provided for the maximum numerical strength of the reserve components, and is now covered by sections 3221, 3224, 4513, 8221, and 8224 of Title 10, Armed Forces, and section 752a of Title 14, Coast Guard.

Section 924, act July 9, 1952, ch. 608, Pt. II, § 204, 66 Stat. 483, provided for the composition of reserve components, and is now covered by section 267 of Title 10.

Section 925, acts July 9, 1952, ch. 608, Pt. II, § 205, 66 Stat. 483; Aug. 9, 1955, ch. 665, § 2(a), 69 Stat. 598, prescribed the composition and maximum strength of the Ready Reserve, and is now covered by section 268 of Title 10, Armed Forces. Act Aug. 9, 1955, ch. 665, § 2(a), 69 Stat. 598 was repealed by Pub. L. 85-861, § 36A, Sept. 2, 1958, 72 Stat. 1569.

Section 926, act July 9, 1952, ch. 608, Pt. II, § 206, 66 Stat. 483, related to the Standby Reserve, its composition, and for ordering units to active duty, and is now covered by sections 273 and 674 of Title 10, Armed Forces.

Section 927, act July 9, 1952, ch. 608, Pt. II, § 207, 66 Stat. 483, related to the Retired Reserve, its composition, establishment of reserve retired lists, ordering members into active duty, and is now covered by sections 274, 675, and 1376 of Title 10.

Section 928, acts July 9, 1952, ch. 608, Pt. II, § 208, 66 Stat. 484; Aug. 9, 1955, ch. 665, § 2 (b)-(d), 69 Stat. 598, 599, related to term of service in the Ready Reserve, placement, requests for assignment, training duty, extension of membership, transfer to Standby Reserve, applications for transfer and screening of units and members, and is now covered by sections 269-272 of Title 10,

Section 929, act July 9, 1952, ch. 608, Pt. II, § 209, 66 Stat. 484, related to transferees, enlistment or appointment in Armed Forces, and is now covered by sections 512 and 595 of Title 10, Armed Forces.

Section 930, act July 9, 1952, ch. 608, Pt. II, § 210, 66 Stat. 485, related to the composition of the Standby Reserve, and is now covered by section 267 of Title 10.

Section 931, act July 9, 1952, ch. 608, Pt. II, § 211, 66 Stat. 485, provided for inactive status list in the Standby Reserve, regulations governing transfer, limitation on benefits, and is now covered by sections 273 and 1334 of Title 10.

Section 932, act July 9, 1952, ch. 608, Pt. II, § 212, 66 Stat. 485, prescribed the status of members of reserve components, and is now covered by section 267 of Title 10. Section 933, act July 9, 1952, ch. 608, Pt. II, § 213, 66 Stat. 485, related to retention of status of members of reserve components, and to honorary status.

Section 934, act July 9, 1952, ch. 608, Pt. II, § 214, 66 Stat. 485, related to training categories for each reserve component, and is now covered by section 2001 of Title 10, Armed Forces.

Section 935, act July 9, 1952, ch. 608, Pt. II, § 215, 66 Stat. 486, provided for officer candidates and for distribution of personnel in various ranks and grades, and is now covered by sections 3221, 3224, 5956, 8221, and 8224 of Title 10, Armed Forces, and section 752a of Title 14, Coast Guard.

§ 936. Repealed. Sept. 3, 1954, ch. 1257, title VII, § 702 (d), 68 Stat. 1189.

Section, act July 9, 1952, ch. 608, part II, § 216, 66 Stat. 486, related to promotion and precedence.

ADDITIONAL REPEAL

Section was also repealed by act Aug. 10, 1956, ch. 1041, 53, 70A Stat. 641.

PART 2. APPOINTMENTS AND ENLISTMENTS

SS 941-956. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641.

Section 941, acts July 9, 1952, ch. 608, Pt. II, § 217, 66 Stat. 486; July 30, 1956, ch. 789, § 4(a), 70 Stat. 729, related to qualifications for appointments and enlistments in the Reserves, and is now covered by sections 510, 591 and 594 of Title 10, Armed Forces. Act July 30, 1956, ch. 789, § 4(a), 70 Stat. 729, was repealed by Pub. L. 85-861, § 36A, Sept. 2, 1958, 72 Stat. 1570.

Section 942, act July 9, 1952, ch. 608, § 218, 66 Stat. 487, authorized the President, by and with the advice and consent of the Senate, to make appointments to general or flag officer grade, and is now covered by section 593 of Title 10, Armed Forces.

Section 943, act July 9, 1952, ch. 608, Pt. II, § 219, 66 Stat. 487, authorized the President to make appointments in commissioned grades below general or flag officer grades, and is now covered by section 593 of Title 10.

Section 944, act July 9, 1952, ch. 608, Pt. II, § 220, 66 Stat. 487, related to appointments in warrant officer grades, and is now covered by section 597 of Title 10.

Section 945, act July 9, 1952, ch. 608, Pt. II, § 221, 66 Stat. 487, related to tenure of appointments of commissioned officers, and is now covered by section 593 of Title 10.

Section 946, act July 9, 1952, ch. 608, Pt. II, § 222, 66 Stat. 487, provided for a common Federal appointment for officers, and is now covered by section 591 (a) of Title 10.

Section 947, act July 9, 1952, ch. 608, Pt. II, § 223, 66 Stat. 487, prescribed tenure of appointments of warrant officers, and is now covered by section 597 of Title 10.

Section 948, act July 9, 1952, ch. 608, Pt. II, § 224, 66 Stat. 487, provided for indefinite term of appointment, conversion of appointments and enlistments, and is now covered by sections 593 and 597 of Title 10, Armed Forces, and note set out under section 593.

Section 949, act July 9, 1952, ch. 608, Pt. II, § 225, 66 Stat. 488, provided for physical examinations, and is now covered by section 1004 of Title 10.

Section 950, act July 9, 1952, ch. 608, Pt. II, § 226, 66 Stat. 488, provided for the discharge or transfer of physically disqualified personnel, and is now covered by section 1004 of Title 10.

Section 951, act July 9, 1952, ch. 608, Pt. II, § 227, 66 Stat. 488, related to term of enlistment, and is now covered by section 511 of Title 10.

Section 952, act July 9, 1952, ch. 608, Pt. II, § 228, 66 Stat. 488, related to common Federal enlistments, and is now covered by sections 510, 3261, and 8261 of Title 10. Section 953, act July 9, 1952, ch. 608, Pt. II, § 229, 66 Stat. 488, prohibited dual membership in reserve components, and is now covered by section 261 (b) of Title 10. Section 954, act July 9, 1952, ch. 608, Pt. II, § 230, 66 Stat. 489, related to enlisted personnel as officer candidates, and is now covered by section 600 of Title 10. Section 955, act July 9, 1952, ch. 608, Pt. II, § 231, 66 Stat. 489, related to the age limitation for officers, and is now covered by section 1003 of Title 10.

Section 956, act July 9, 1952, ch. 608, Pt. II, § 232, 66 Stat. 489, authorized the appointment or enlistment of limited-service personnel, and is now covered by sections 510 and 591 of Title 10.

Section 961, acts July 9, 1952, ch. 608, Pt. II, § 233, 66 Stat. 489; Aug. 9, 1955, ch. 665, § 2 (e)-(g), 69 Stat. 599, related to liability of members for active duty, limitation on recall, annual training, voluntary active duty, notification prior to active-duty orders, utilization of officers, protection of members of organized units, and to ministers of religion, and is now covered by sections 510, 591, 594, 672, 673, 685 and 1162 of Title 10, Armed Forces. Act Aug. 9, 1955, ch. 665, § 2 (e)-(g), 69 Stat. 599, was repealed by Pub. L. 85-861, § 36A, Sept. 2, 1958, 72 Stat. 1569.

Section 962, act July 9, 1952, ch. 608, Pt. II, § 234, 66 Stat. 490, related to active duty in connection with Reserve training and administration, and is now covered by sections 672 and 678 of Title 10, Armed Forces.

Section 963, act July 9, 1952, ch. 608, Pt. II, § 235, 66 Stat. 491, provided for active duty agreements, involuntary release, obligation to serve full term, prior obligated or involuntary service, uniformity of agreements, and is now covered by sections 679 and 680 of Title 10. Section 964, act July 9, 1952, ch. 608, Pt. II, § 236, 66 Stat. 491, provided for continuation of active duty, and is now covered by section 679 of Title 10.

Section 965, act July 9, 1952, ch. 608, Pt. II. § 237, 66 Stat. 492, authorized detail or assignment to duties authorized for regulars, and is now covered by section 682 of Title 10.

Section 966, act July 9, 1952, ch. 608, Pt. II, § 238, 66 Stat. 492, related to maintenance of Reserve forces in time of partial mobilization, and is now covered by section 276 of Title 10.

Section 967, act July 9, 1952, ch. 608, Pt. II, § 239, 66 Stat. 492, provided for release from active duty, and is now covered by section 681 of Title 10.

PART 4. PAY, ALLOWANCES, AND BENEFITS

88 971-975. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641.

Section 971, act July 9, 1952, ch. 608, Pt. II, § 240, 66 Stat. 492, provided for active duty with or without pay, and is now covered by section 683 of Title 10, Armed Forces.

Section 972, act July 9, 1952, ch. 608, Pt. II, § 241, 66 Stat. 492, related to pay and allowances of persons retained beyond the term of service, and is now covered by section 683 of Title 10.

Section 973, act July 9, 1952, ch. 608, Pt. II, § 242, 66 Stat. 492, related to pay for officer candidates, and is now covered by section 600 of Title 10.

Section 974, act July 9, 1952, ch. 608, Pt. II, § 243, 66 Stat. 492, related to uniform allowances, and is now covered by sections 255 and 256 of Title 37, Pay and Allow

ances.

Section 975, act July 9, 1952, ch. 608, Pt. II, § 245, 66 Stat. 494, provided for continuation of existing benefits.

PART 5. CIVIL EMPLOYMENT

§§ 981, 982. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641.

Section 981, act July 9, 1952, ch. 608, Pt. II. § 246, 66 Stat. 495, related to the civil status of reservists, and is now covered by section 30r of Title 5, Executive Departments and Government Officers and Employees.

Section 982, act July 9, 1952, ch. 608, Pt. II, § 247, 66 Stat. 495, authorized members of the reserve components to accept employment with and compensation from any foreign government or any concern which is controlled in whole or in part by a foreign government, and is now covered by section 1032 of Title 10, Armed Forces.

PART 6. SEPARATION

§§ 991, 992. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641.

Section 991, act July 9, 1952, ch. 608, Pt. II, § 248, 66 Stat. 495, provided for the discharge of commissioned officers and other members of the reserve components, and is now covered by section 1162 of Title 10, Armed Forces.

Section 992, act July 9, 1952, ch. 608, Pt. II, § 249, 66 Stat. 495, related to limitation on discharges, dropping from rolls, and character of discharge, and is now covered by section 1163 of Title 10.

PART 7. ADMINISTRATION

§§ 1001-1011. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641.

Section 1001, act July 9, 1952, ch. 608, Pt. II, § 250, 66 Stat. 495, prohibited discrimination between Regulars and reserve components, and is now covered by section 277 of Title 10, Armed Forces.

Section 1002, act July 9, 1952, ch. 608, Pt. II, § 251, 66 Stat. 495, authorized the Secretaries of the Army, Navy, Air Force, and the Treasury, to make and publish regulations, and is now covered by section 290 of Title 10, Armed Forces, and section 255 of Title 37, Pay and Allowances.

Section 1003, act July 9, 1952, ch. 608, Pt. II, § 252, 66 Stat. 496, provided for reserve participation in administration of policy and regulations, and is now covered by section 265 of Title 10.

Section 1004, act July 9, 1952, ch. 608, Pt. II, § 253, 66 Stat. 496, related to support of the reserve components, and is now covered by section 715 of Title 10.

Section 1005, act July 9, 1952, ch. 608, Pt. II, § 254, 66 Stat. 496, related to boards, membership of boards, seniority, and is now covered by section 266 of Title 10.

Section 1006, act July 9, 1952, ch. 608, Pt. II, § 255, 66 Stat. 496, related to availability of supplies, equipment, and facilities, and is now covered by section 2511 of Title 10.

Section 1007, act July 9, 1952, ch. 608, Pt. II, § 256, 66 Stat. 496, provided for responsibility for Reserve affairs, and is now covered by section 264 of Title 10.

Section 1008, act July 9, 1952, ch. 608, Pt. II, § 257 (a–d), 66 Stat. 497, related to the creation, composition and representation on the Reserve Forces Policy Board, provided that the Board should be the principal policy adviser to the Secretary of Defense, and is now covered by section 175 of Title 10, Armed Forces. Subsec. (e) has been transferred to section 171a-1 of Title 5, Executive Departments and Government Officers and Employees.

Section 1009, act July 9, 1952, ch. 608, Pt. II, § 258, 66 Stat. 498, related to personnel records, and is now covered by section 272 of Title 10.

Section 1010, act July 9, 1952, ch. 608, Pt. II, § 259, 66 Stat. 498, related to dissemination of information, and is now covered by section 275 of Title 10.

Section 1011, act July 9, 1952, ch. 608, Pt. II, § 260, as added Aug. 9, 1955, ch. 665, § 2(h), 69 Stat. 599, related to records of persons participating in active and inactive duty training, and is now covered by sections 275 and 279 of Title 10, Armed Forces. Act Aug. 9, 1955, ch. 665, § 2(h), 69 Stat. 599, was repealed by Pub. L. 85-861, § 36A, Sept. 2, 1958, 72 Stat. 1569.

PART 8. SPECIAL ENLISTMENT PROGRAMS

§ 1012. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641.

Section 1012, act July 9, 1952, ch. 608, Pt. II, § 261, as added Aug. 9, 1955, ch. 665, § 2(1), 69 Stat. 600, related to the period of enlistment in Reserve components, and is now covered by section 511 of Title 10, Armed Forces. Act Aug. 9, 1955, ch. 665, § 2(1), 69 Stat. 600, was repealed by Pub. L. 85-861, § 36A, Sept. 2, 1958, 72 Stat. 1569.

§ 1013. Enlistment in Ready Reserve.

(a) Acceptance of enlistments; quota.

Until August 1, 1959, whenever the President determines that the enlisted strength of the Ready Reserve of the Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, or Coast Guard Reserve cannot be maintained at the level which he determines to be necessary in the interest of national defense, he may authorize the acceptance of enlistments in units of such Ready Reserve pursuant to the provisions of this section under regulations prescribed by the Secretary of Defense. Enlistments under this section may be accepted only within quotas (which quotas shall not exceed a total of 250,000 persons annually) prescribed by the appropriate Secretary with the approval of the Secretary of Defense. No enlistment shall be accepted under this section in the Ready Reserve of any reserve component if such enlistment would cause the strength of such Ready Reserve to exceed the authorized strength of such Ready Reserve.

(b) Qualifications for enlistment.

Enlistments under this section may be accepted from persons who

(1) are physically and mentally qualified for service in the Armed Forces;

(2) have not been ordered to report for induction into the Armed Forces under the Universal Military Training and Service Act; and

(3) have not attained the age of eighteen years and six months.

In addition, the President, under such rules and regulations as he may prescribe, may authorize the enlistment under this section, without regard to the provisions of paragraphs (2) and (3) of this subsection, of persons who fulfill the requirements of paragraph (1) of this subsection and who have critical skills and are engaged in civilian occupations in any critical defense-supporting industry or in any research activity affecting national defense. (c) Period of enlistment.

Each enlistment under this section shall be for a period of eight years. Each person so enlisted shall be required during such enlistment (1) to perform an initial period of active duty for training of not less than three months or more than six months, and (2) thereafter to perform satisfactorily all training duty prescribed by section 928 (f) of this title, except that (A) performance of such initial period of active duty for training by any person enlisted under this section while satisfactorily pursuing a course of instruction in a high school shall be deferred until such person ceases to pursue such course satisfactorily, graduates from such course, or attains the age of twenty years, whichever first occurs, and (B) persons specially enlisted because of their possession of critical skills may be relieved

of any obligation to perform the training duty prescribed by section 928 (f) of this title. Each such person shall be deferred from training and service under the Universal Military Training and Service Act, as amended, so long as he continues to serve satisfactorily, as determined under regulations prescribed by the appropriate Secretary, and upon the completion of eight years of such satisfactory service pursuant to such enlistment shall be exempt from further liability for induction for training and service under such Act, except after a declaration of war or national emergency made by the Congress after August 9, 1955.

(d) Deleted. Apr. 23, 1956, ch. 209, § 1, 70 Stat. 115. (e) National Security Training Commission; report to Congress; submission of recommendations to Secretary of Defense.

The National Security Training Commission shall advise the President and the Secretary of Defense, and shall report annually to the Congress, with respect to the welfare of persons performing periods of active duty for training under clause (1) of subsection (c) of this section, but shall have no authority with respect to the military training of such persons during such periods. Within sixty days after August 9, 1955, the National Security Training Commission shall submit to the Secretary of Defense, a program containing recommendations for the personal safety, health, welfare, and morals of the members of the Ready Reserve while performing such active duty for training, including regulations concerning the dispensing of alcoholic beverages on training establishments, in conformity with the laws of the several States.

(f) Reemployment rights and benefits.

Any person who completes satisfactorily the period of active duty for training required of him by clause (1) of subsection (c) of this section during any enlistment pursuant to this section shall be entitled, upon application for reemployment within sixty days after (A) his release from such required period of active duty for training after satisfactory completion thereof, or (B) his discharge from hospitalization incident to such duty continuing after such release for a period of not more than six months, to all reemployment rights and benefits provided by section 459 of Appendix to this title for individuals inducted under the provisions of sections 451-454, 455, 456, and 458-471 of Appendix to this title, except that (1) any person so restored to a position in accordance with the provisions of this section shall not be discharged from such position without cause within six months after such restoration, and (2) no reemployment rights granted by this subsection shall entitle any person to retention, preference, or displacement rights over a veteran with a superior claim under the Veterans Preference Act of 1944, as amended. (July 9, 1952, ch. 608, pt. II, § 262 as added Aug. 9, 1955, ch. 655, § 2 (i), 69 Stat. 600, and amended Apr. 23, 1956, ch. 209, § 1, 70 Stat. 115.)

REFERENCES IN TEXT

The Universal Military Training and Service Act, referred to in subsecs. (b) and (c), is classified to sections 451-454, 455, 456, and 458-471 of Appendix to this title.