§ 451. Short title; Congressional declaration of policy

(a) This Act may be cited as the “Military Selective Service Act”.

(b) The Congress declares that an adequate armed strength must be achieved and maintained to insure the security of this Nation.

(c) The Congress further declares that in a free society the obligations and privileges of serving in the armed forces and the reserve components thereof should be shared generally, in accordance with a system of selection which is fair and just, and which is consistent with the maintenance of an effective national economy.

(d) The Congress further declares, in accordance with our traditional military policy as expressed in the National Defense Act of 1916, as amended, that it is essential that the strength and organization of the National Guard, both Ground and Air, as an integral part of the first line defenses of this Nation, be at all times maintained and assured.

To this end, it is the intent of the Congress that whenever Congress shall determine that units and organizations are needed for the national security in excess of those of the Regular components of the Ground Forces and the Air Forces, and those in active service under this title [sections 451 to 471a of this Appendix], the National Guard of the United States, both Ground and Air, or such part thereof as may be necessary, together with such units of the Reserve components as are necessary for a balanced force, shall be ordered to active Federal service and continued therein so long as such necessity exists.

(e) The Congress further declares that adequate provision for national security requires maximum effort in the fields of scientific research and development, and the fullest possible utilization of the Nation’s technological, scientific, and other critical manpower resources.

(f) The Congress further declares that the Selective Service System should remain administratively independent of any other agency, including the Department of Defense.

(June 24, 1948, ch. 625, title I, § 1, 62 Stat. 604; June 19, 1951, ch. 144, title I, § 1(a), 65 Stat. 75; Pub. L. 90–40, § 1(1), June 30, 1967, 81 Stat. 100; Pub. L. 92–129, title I, § 101(a)(1), Sept. 28, 1971, 85 Stat. 348; Pub. L. 96–107, title VIII, § 812, Nov. 9, 1979, 93 Stat. 816.)

References In Text

References in Text

The Military Selective Service Act, referred to in subsec. (a), is act June 24, 1948, ch. 625, 62 Stat. 604, as amended, originally called the “Selective Service Act of 1948”, renamed the “Universal Military Training and Service Act” by act June 19, 1951, ch. 144, title I, § 1(a), 65 Stat. 75, then renamed the “Military Selective Service Act of 1967” by Pub. L. 90–40, § 1(1), June 30, 1967, 81 Stat. 100, and now designated the Military Selective Service Act by Pub. L. 92–129, title I, § 101(a)(1), Sept. 28, 1971, 85 Stat. 348. Act June 24, 1948 consisted of titles I and II. Title I of such act enacted sections 451 to 454 and 455 to 471a of this Appendix. Title II of such act was classified to the Articles of War set out in former Title 10, Army and Air Force, to sections 61, 61a, 62a, 65, and 652a of former Title 10, and to section 180 of former Title 14, Coast Guard. Title II of act June 24, 1948 was repealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641.

The National Defense Act of 1916, as amended, referred to in subsec. (d), is act June 3, 1916, ch. 134, 39 Stat. 166, as amended, which was classified generally throughout former Title 10, Army and Air Force. The Act was repealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641, and the provisions thereof were reenacted as parts of Title 10, Armed Forces, and Title 32, National Guard.

Amendments

Amendments

1979—Subsec. (f). Pub. L. 96–107 added subsec. (f).

1971—Subsec. (a). Pub. L. 92–129 substituted “Military Selective Service Act” for “Military Selective Service Act of 1967”.

1967—Subsec. (a). Pub. L. 90–40 substituted “Military Selective Service Act of 1967” for “Universal Military Training and Service Act”.

1951—Subsec. (a). Act June 19, 1951, substituted “Universal Military Training and Service Act” for “Selective Service Act of 1948”.

Short Title Of Amendment

Short Title of 1969 Amendment

Pub. L. 91–124, § 1, Nov. 26, 1969, 83 Stat. 220, provided: “That this Act [amending section 455 of this Appendix] may be cited as the ‘Selective Service Amendment Act of 1969’.”

Short Title of 1955 Amendment

Act June 30, 1955, ch. 250, § 1, 69 Stat. 223, provided: “That this Act [amending sections 454, 454a, 456, 467, and 2216 of this Appendix, and section 234 of former Title 37, Pay and Allowances] may be cited as the ‘1955 Amendments to the Universal Military Training and Service Act’.”

Short Title of 1951 Amendment

Act June 19, 1951, ch. 144, title I, § 7, 65 Stat. 89, provided that: “This title [enacting sections 472 and 473 of this Appendix, amending this section and sections 452 to 454, 455, 456, 459, 460, 463, 466, 467, and 471 of this Appendix, repealing section 457 of this Appendix, enacting provisions set out as notes under this section, and amending provisions set out as notes under section 454 of this Appendix and section 351 of Title 14, Coast Guard] may be cited as the ‘1951 Amendments to the Universal Military Training and Service Act’.”

Short Title of 1950 Amendments

Act Sept. 9, 1950, ch. 939, 64 Stat. 826, which amended section 454 of this Appendix, is popularly known as the “Doctors Draft Act”.

Act June 30, 1950, ch. 445, § 4, 64 Stat. 319, provided that: “This Act [enacting section 471 and amending sections 460 and 467 of this Appendix] may be cited as the ‘Selective Service Extension Act of 1950’.”

Separability

Separability

Act June 19, 1951, ch. 144, title I, § 5, 65 Stat. 88, provided that: “If any provisions of this Act [enacting sections 472 and 473 of this Appendix, amending this section, sections 452 to 454, 455, 456, 459, 460, 463, 466, 467, and 471 of this Appendix, and section 621c of former Title 10, Army and Air Force, repealing section 457 of this Appendix, enacting provisions set out as notes under this section, and amending provisions set out as notes under section 454 of this Appendix and section 351 of Title 14, Coast Guard] or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby.”

Miscellaneous

Selective Service Reform; Presidential Plan, Legislative Proposals, etc.

Section 811 of Pub. L. 96–107 directed President to prepare and transmit to Congress a plan for reform of law providing for registration and induction of persons in the Armed Forces, along with proposals for implementing legislation, on the later of Jan. 15, 1980, or the end of the three-month period beginning on Nov. 9, 1979.