§ 3812. Nonapplicability of certain laws

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(a)Certain provisions in title 18 or Act August 2, 1939 Nothing in sections 203, 205, or 207 of title 18 or in the second sentence of subsection

(a)of section 9 of the Act of August 2, 1939 (53 Stat. 1148), entitled “An Act to prevent pernicious political activities”, as amended, shall be deemed to apply to any person because of his appointment under authority of this chapter or the regulations made pursuant thereto as an uncompensated official of the Selective Service System, or as an individual to conduct hearings on appeals of persons claiming exemption from combatant or noncombatant training because of conscientious objections, or as a member of the National Selective Service Appeal Board.

(b)Administrative Procedure Act All functions performed under this chapter shall be excluded from the operation of the Administrative Procedure Act (60 Stat. 237) [5 U.S.C. 551 et seq. and 701 et seq.] except as to the requirements of section 3 of such Act [5 U.S.C. 552]. Notwithstanding the foregoing sentence, no regulation issued under this Act shall become effective until the expiration of thirty days following the date on which such regulation has been published in the Federal Register. After the publication of any regulation and prior to the date on which such regulation becomes effective, any person shall be given an opportunity to submit his views to the Director on such regulation, but no formal hearing shall be required on any such regulation. The requirements of this subsection may be waived by the President in the case of any regulation if he

(1)determines that compliance with such requirements would materially impair the national defense, and

(2)gives public notice to that effect at the time such regulation is issued.

(c)Certain provisions of Act June 16, 1936, or Act August 4, 1942; computation of lump-sum payments In computing the lump-sum payments made to Air Force reserve officers under the provisions of section 2 of the Act of June 16, 1936, as amended and to reserve officers of the Navy or to their beneficiaries under section 12 of the Act of August 4, 1942, as amended, no credit shall be allowed for any period of active service performed from June 24, 1948, to the date on which this chapter shall cease to be effective. Each such lumpsum payment shall be prorated for a fractional part of a year of active service in the case of any reserve officer subject to the provisions of either such section, if such reserve officer performs continuous active service for one or more years (inclusive of such service performed during the period in which this chapter is effective) and such active service includes a fractional part of a year immediately prior to June 24, 1948, or immediately following the date on which this chapter shall cease to be effective, or both.

(June 24, 1948, ch. 625, title I, § 13, 62 Stat. 623; June 19, 1951, ch. 144, title I, § 1(t), 65 Stat. 87; Pub. L. 88–110, § 6, Sept. 3, 1963, 77 Stat. 136; Pub. L. 92–129, title I, § 101(a)(32), Sept. 28, 1971, 85 Stat. 353.)

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