Reorg. Plan No. 3, § 5 (a), eff. June 12, 1953, 18 F. R. 3375, 67 Stat. 634, set out in the Appendix to Title 5, Government Organization and Employees. TRANSFER OF FUNCTIONS The National Security Resources Board, together with its functions, records, property, personnel, and unexpended balances of appropriations, allocations, and other funds (available or to be made available) were transferred to the Executive Office of the President by 1949 Reorg. Plan No. 4, eff. Aug. 19, 1949, 14 F. R. 5227, 63 Stat. 1067, set out in the Appendix to Title 5, Government Organization and Employees. CROSS REFERENCES Power of President to require performance of contracts or orders for national defense, see section 2071 of this Appendix. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 451, 453, 454, 455, 456, 459, 460, 461, 462, 463, 464, 465, 466, 467, 469, 470 of this Appendix. § 469. Saving provisions. Nothing in this title [sections 451, 453, 454, 455, 456 and 458 to 471 of this Appendix] shall be deemed to amend any provision of the National Security Act of 1947 (61 Stat. 495). (June 24, 1948, ch. 625, title I, § 19, 62 Stat. 627.) REFERENCES IN TEXT The National Security Act of 1947 (61 Stat. 495), referred to in the text, is act July 26, 1947, ch. 343, 61 Stat. 495, which was classified to sections 1, 11, 171-1, 171-2, 171b, 171k-171m, 171n, 172j. 602 and 626d of former Title 5 and sections 401-403 404, and 405 of this title. Distribution of repealed sections of National Security Act of 1947, classified to former Title 5 and now covered by Title 10, Armed Forces, except as noted, is as follows: § 470. Effective date. This title [sections 451, 453, 454, 455, 456 and 458 to 471 of this Appendix] shall become effective immediately; except that unless the President, or the Congress by concurrent resolution, declares a national emergency after the date of enactment of this Act [June 24, 19481, no person shall be inducted or ordered into active service without his consent under this title [said sections] within ninety days after the date of its enactment. (June 24, 1948, ch. 625, title I, § 20, 62 Stat. 627; Sept. 27, 1950, ch. 1059, § 1(14), 64 Stat. 1074; Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641.) AMENDMENTS 1956-Act Aug. 10, 1956, repealed provisions requiring the Secretaries of the Army, Navy, and the Treasury to initiate and carry forward intensified voluntary enlistment campaigns for the Army, Air Force, Navy, Marine Corps, and the Coast Guard, which provisions are now covered by sections 3255 and 5531 of Title 10, Armed Forces, and section 350 of Title 14, Coast Guard. 1950-Act Sept. 27, 1950, struck out "and" following "Air Force" and inserted after "Marine Corps" the phrase "and the Secretary of the Treasury, for the Coast Guard". SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 451, 453, 454, 455, 456, 459, 460, 461, 462, 463, 464, 465, 466, 467, 469 of this Appendix. § 471. Authority of President to order Reserve components to active service; release from active duty; retention of unit organizations and equipment. Until July 1, 1953, and subject to the limitations imposed by section 2 of the Selective Service Act of 1948, as amended [former section 452 of this Appendix], the President shall be authorized to order into the active military or naval service of the United States for a period of not to exceed twenty-four consecutive months, with or without their consent, any or all members and units of any or all Reserve components of the Armed Forces of the United States and retired personnel of the Regular Armed Forces. Unless he is sooner released under regulations prescribed by the Secretary of the military department concerned, any member of the inactive or volunteer reserve who served on active duty for a period of 12 months or more in any branch of the Armed Forces between the period December 7, 1941, and September 2, 1945, inclusive, who is now or may hereafter be ordered to active duty pursuant to this section, shall upon completion of 17 or more months of active duty since June 25, 1950, if he makes application therefor to the Secretary of the branch of service in which he is serving, be released from active duty and shall not thereafter be ordered to active duty for periods in excess of 30 days without his consent except in time of war or national emergency hereafter declared by the Congress: Provided, That the foregoing shall not apply to any member of the inactive or volunteer reserve ordered to active duty whose rating or specialty is found by the Secretary of the military department concerned to be critical and whose release to inactive duty prior to the period for which he was ordered to active duty would impair the efficiency of the military department concerned. The President may retain the unit organizations and the equipment thereof, exclusive of the individual members thereof, in the active Federal serv ice for a total period of five consecutive years, and upon being relieved by the appropriate Secretary from active Federal service, National Guard, or Air National Guard units, shall, insofar as practicable, be returned to their National Guard or Air National Guard status in their respective States, Territories, the District of Columbia, and Puerto Rico, with pertinent records, colors, histories, trophies, and other historical impedimenta. (June 24, 1948, ch. 625, title I, § 21, as added June 30, 1950, ch. 445, § 2, 64 Stat. 318, and amended June 19, 1951, ch. 144, title I, § 1(x), 65 Stat. 87; July 7, 1952, ch. 584, § 1, 66 Stat. 440.) REFERENCES IN TEXT Selective Service Act of 1948, as amended, referred to in the first par., was redesignated Universal Military Training and Service Act by the amendment in act June 19, 1951, ch. 144, title I, § 1(a), 65 Stat. 75 to act June 24, 1948, ch. 625, title I, § 1 (a), 62 Stat. 604, and was again redesignated Military Selective Service Act of 1967 by the amendment in Pub. L. 90-40, § 1(1), June 30, 1967, 81 Stat. 100. See section 451 (a) of this Appendix. AMENDMENTS 1952-Act July 7, 1952, authorized the President to retain unit organizations and their equipment, exclusive of individual members, for a period of five years. 1951-Act June 19, 1951, substituted "July 1, 1953" for "July 9, 1951", "twenty-four months" for "twenty-one months", and adding last sentence. Ex. ORD. No. 10271. DELEGATION OF PRESIDENT'S AUTHORITY Ex. Ord. No. 10271, July 7, 1951, 16 F.R. 6661, provided: There is hereby delegated to the Secretary of Defense the authority vested in the President by section 21 of the Universal Military Training and Service Act (64 Stat. 318), as amended by the 1951 Amendments to the Universal Military Training and Service Act (65 Stat. 87; Public Law 51, 82d Congress) [this section], to order into the active military or naval service of the United States for a period not to exceed twenty-four months, with or without their consent, any or all members and units of any or all Reserve components of the Armed Forces of the United States and retired personnel of the Regular Armed Forces: Provided, that so much of the authority of the President under the said section 21, as amended [this section], as relates to any Reserve component of the United States Coast Guard or to retired personnel of the Regular Coast Guard is hereby delegated to the Secretary of the Treasury. The Secretary of Defense is hereby authorized to redelegate, subject to such conditions as the Secretary may deem appropriate, to the Secretaries of the Army, Navy, and Air Force such functions under this order as affect their respective services. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 451, 453, 454, 455, 456, 459, 460, 461, 462, 463, 464, 465, 466, 467, 469, 470 of this Appendix. § 472. Period of increased service applicable to all personnel. Wherever in this amendatory Act the period of active service for any category of persons is increased, such increased period of service shall be applicable to all persons in such category serving on active duty in the Armed Forces on the date of the enactment of this amendatory Act [June 19, 1951]. (June 19, 1951, ch. 144, title I, § 4, 65 Stat. 88.) REFERENCES IN TEXT CODIFICATION Section was enacted as part of the 1951 Amendments to the Universal Military Training and Service Act, act June 19, 1951, ch. 144, 65 Stat 75, and not as part of the Military Selective Service act of 1967, Act June 24, 1948, ch. 625, 62 Stat. 604. Title I of Act June 24, 1948, ch. 625, as amended, is classified to sections 451, 453, 454, 455, 456, and 458-471 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. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 451, 453, 454, 455, 456, 459, 460, 461, 462, 463, 464, 465, 466, 467, 469, 470 of this Appendix. § 473. Regulations governing liquor sales; penalties. The Secretary of Defense is authorized to make such regulations as he may deem to be appropriate governing the sale, consumption, possession of or traffic in beer, wine, or any other intoxicating liquors to or by members of the Armed Forces or the National Security Training Corps at or near any camp, station, post, or other place primarily occupied by members of the Armed Forces or the National Security Training Corps. Any person, corporation, partnership, or association who knowingly violates the regulations which may be made hereunder shall, unless otherwise punishable under the Uniform Code of Military Justice, be deemed guilty of a misdemeanor and be punished by a fine of not more than $1,000 or imprisonment for not more than twelve months, or both. (June 19, 1951, ch. 144, title I, § 6, 65 Stat. 88.) REFERENCES IN TEXT Uniform Code of Military Justice, referred to in the text, is classified to chapter 47 of Title 10, Armed Forces. CODIFICATION Section was enacted as a part of the 1951 Amendments to the Universal Military Training and Service Act, act June 19, 1951, ch. 144, 65 Stat. 75, and not as a part of the Military Selective Service Act of 1967, act June 24, 1948, ch. 625, 62 Stat. 604. Title I of Act June 24, 1948, ch. 625, as amended, is classified to sections 451, 453, 454, 455, 456, and 458-471 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. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 451, 453, 454, 455, 456, 459, 460, 461, 462, 463, 464, 465, 466, 467, 469, 470 of this Appendix. Date of the enactment of this amendatory Act, referred to in the text, is act June 19, 1951, ch. 144, 65 Stat. 75, which generally amended this Appendix. See distribution tables for distribution of act. 514. 515. Notice of benefits to persons in and persons entering military service. 541. 542. 543. 544. 545. 546. 547. 548. Termination of leases by lessees. Protection of assignor of life insurance policy; enforcement of storage liens; penalties. Extension of benefits to dependents. ARTICLE IV.-INSURANCE Definitions. Persons entitled to benefits of article; applications; amount of insurance protected. Form of application; reports to Veterans' Administration by insurer; policy deemed modified upon application for protection. Determination of policies entitled to protection; notice to parties; lapse of policies for nonpayment of premiums, etc. Rights and privileges of insured during period of protection. Deduction of unpaid premiums upon settlement of policies maturing during protection. Guaranty of premiums and interest by United States; settlement of amounts due upon expiration of protection; subrogation of United States; crediting debt repayments. Regulations; finality of determinations. Law governing applications for protection prior to October 6, 1942. 549 to 554. Omitted. 560. 561. 562. ARTICLE V-TAXES AND PUBLIC LANDS Rights to public lands not forfeited; grazing lands Homestead entries and settlement claims; service as equivalent to residence and cultivation. 563. Same; death or incapacity during or resulting from service as affecting rights; perfection of rights. Desert-land entries; suspension of requirements. 565. Mining claims; requirements suspended. 566. Mineral permits and leases; suspension of operations and term of permits and leases. 564. 590. Inapplicability of Soldier's and Sailor's Civil Relief Act of 1918. ARTICLE VII.-FURTHER RELIEF Stay of enforcement of obligations, liabilities, taxes, etc. EXTENSION OF BENEFITS TO INDUCTEES UNDER UNIVERSAL MILITARY TRAINING AND SERVICE ACT The benefits of the Soldiers' and Sailors' Civil Relief Act of 1940, sections 501-548 and 560-590 of this Appendix, are extended to inductees under the Universal Military Training and Service Act by section 464 of this Appendix SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1918 Former provisions on this subject were contained in the Soldiers' and Sailors' Civil Relief Act of 1918, set out as former section 101 et seq. of this Appendix. § 501. Short title. This Act [sections 501 to 548 and 560 to 590 of this Appendix] may be cited as the Soldiers' and Sailors' Civil Relief Act of 1940. (Oct. 17, 1940, ch. 888, § 1, 54 Stat. 1178.) SOLDIERS' AND SAILORS' CIVIL RELIEF ACT AMENDMENTS OF 1942 Act Oct. 6, 1942, ch. 581, § 1, 56 Stat. 769, provided: "That this Act (affecting sections 513-517, 525, 526, 530— 535, 540-554, 560, 569, 572, 574, and 590 of this Appendix) may be cited as the Soldiers' and Sailors' Civil Relief Act Amendments of 1942." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 510 to 548 and 560 to 590 of this Appendix. ARTICLE I.-GENERAL PROVISIONS $ 510. Purpose; suspension of enforcement of civil liabilities. In order to provide for, strengthen, and expedite the national defense under the emergent conditions which are threatening the peace and security of the United States and to enable the United States the more successfully to fulfill the requirements of the national defense, provision is made to suspend enforcement of civil liabilities, in certain cases, of persons in the military service of the United States in order to enable such persons to devote their entire energy to the defense needs of the Nation, and to this end the following provisions are made for the temporary suspension of legal proceedings and transactions which may prejudice the civil rights of persons in such service during the period herein specified over which this Act [sections 501 to 548 and 560 to 590 of this Appendix] remains in force. (Oct. 17, 1940, ch. 888, § 100, 54 Stat. 1179.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 501, 511 to 548 § 511. Definitions. (1) The term "persons in military service" and the term "persons in the military service of the United States", as used in this Act [sections 501 to 548 and 560 to 590 of this Appendix], shall include the following persons and no other: All members of the Army of the United States, the United States Navy, the Marine Corps, the Coast Guard, and all officers of the Public Health Service detailed by proper authority for duty either with the Army or the Navy. The term "military service", as used in this Act Isaid sections], shall signify Federal service on active duty with any branch of service heretofore referred to or mentioned as well as training or education under the supervision of the United States preliminary to induction into the military service. The terms "active service" or "active duty" shall include the period during which a person in military service is absent from duty on account of sickness, wounds, leave, or other lawful cause. (2) The term "period of military service", as used in this Act [sections 501 to 548 and 560 to 590 of this Appendix], shall include the time between the following dates: For persons in active service at the date of approval of this Act [Oct. 17, 1940] it shall begin with the date of approval of this Act [Oct. 17, 1940]; for persons entering active service after the date of this Act [Oct. 17, 1940), with the date of entering active service. It shall terminate with the date of discharge from active service or death while in active service, but in no case later than the date when this Act [said sections] ceases to be in force. (3) The term "person", when used in this Act [sections 501 to 548 and 560 to 590 of this Appendix], with reference to the holder of any right alleged to exist against a person in military service or against a person secondarily liable under such right, shall include individuals, partnerships, corporations, and any other forms of business association. (4) The term "court", as used in this Act [sections 501 to 548 and 560 to 590 of this Appendix], shall include any court of competent jurisdiction of the United States or of any State, whether or not a court of record. (Oct. 17, 1940, ch. 888, § 101, 54 Stat. 1179.) WOMEN'S ARMY CORPS The members of the Women's Army Auxiliary Corps were included among the "persons in military service" within the meaning of the Soldiers' and Sailors' Civil Relief Act by the amendment to subsec. 1 of this section by act of May 14, 1942, ch. 312, § 19, 56 Stat. 282, which was repealed by act of July 1, 1943, ch. 187, § 5, 57 Stat. 371. The Women's Army Auxiliary Corps established by the act of May 14, 1942, was superseded by the Women's Army Corps in the Army of the United States as established by the act of July 1, 1943, ch. 187, 57 Stat. 371 and repealed by act June 25, 1947, ch. 327, § 2 (a), 61 Stat. 451, eff. July 1, 1948. The effective date of the repeal was postponed until June 12, 1949, by act June 12, 1948, ch. 449, title I, § 110, 62 Stat. 363, section 101 of which established in the Regular Army a Women's Army Corps to be effective June 12, 1948. The members of the Women's Army Corps, Regular Army, are entitled to the protection of all laws applicable to male commissioned officers, warrant officers, and enlisted men of the Regular Army; to former male commissioned officers, warrant officers and enlisted men of the Regular Army; and to their dependents and beneficiaries, in view of section 107 of act June 12, 1948, ch. 449, title I, 62 Stat. 361, which superseded similar provisions contained in act July 1, 1943, ch. 187, § 2, 57 Stat. 371 [formerly set out as section 1552 of this Appendix]. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 501, 510, 512 to 548 and 560 to 590 of this Appendix. § 512. Territorial application; jurisdiction of courts; form of procedure. (1) The provisions of this Act [sections 501 to 548 and 560 to 590 of this Appendix] shall apply to the United States, the several States and Territories, the District of Columbia, and all territory subject to the jurisdiction of the United States, and to proceedings commenced in any court therein, and shall be enforced through the usual forms of procedure obtaining in such courts or under such regulations as may be by them prescribed. (2) When under this Act [sections 501 to 548 and 560 to 590 of this Appendix], any application is required to be made to a court in which no proceeding has already been commenced with respect to the matter, such application may be made to any court. (Oct. 17, 1940, ch. 888, § 102, 54 Stat. 1179; Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352.) CODIFICATION The clause "including the Philippine Islands while under the sovereignty of the United States" following the words "and all territory subject to the jurisdiction of the United States" in subdivision (1) was omitted pursuant to 1946 Proc. No. 2695, which recognized the independence of the Philippine Islands as of July 4, 1946, and is set out as a note under section 1394 of Title 22, Foreign Relations and Intercourse. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 501, 510, 511, 513 to 548 and 560 to 590 of this Appendix. § 513. Protection of persons secondarily liable. (1) Whenever pursuant to any of the provisions of this Act [sections 501 to 548 and 560 to 590 of this Appendix] the enforcement of any obligation or liability, the prosecution of any suit or proceeding, the entry or enforcement of any order, writ, judgment, or decree, or the performance of any other act, may be stayed, postponed, or suspended, such stay, postponement, or suspension may, in the discretion of the court, likewise be granted to sureties, guarantors, endorsers, accommodation makers, and others, whether primarily or secondarily subject to the obligation or liability, the performance or enforcement of which is stayed, postponed, or suspended. (2) When a judgment or decree is vacated or set aside in whole or in part, as provided in this Act [sections 501 to 548 and 560 to 590 of this Appendix], the same may, in the discretion of the court, likewise be set aside and vacated as to any surety, guarantor, endorser, accommodation maker, or other person whether primarily or secondarily liable upon the contract or liability for the enforcement of which the judgment or decree was entered. (3) Whenever, by reason of the military service of a principal upon a criminal bail bond the sureties upon such bond are prevented from enforcing the attendance of their principal and performing their obligation the court shall not enforce the provisions of such bond during the military service of the principal thereon and may in accordance with principles of equity and justice either during or after such service discharge such sureties and exonerate the bail. (4) Nothing contained in this Act [sections 501 to 548 and 560 to 590 of this Appendix], shall prevent a waiver in writing of the benefits afforded by subsections (1) and (2) of this section by any surety, guarantor, endorser, accommodation maker, or other person whether primarily or secondarily liable upon the obligation or liability, except that after the date of enactment of the Soldiers' and Sailors' Civil Relief Act Amendments of 1942 [Oct. 6, 1942] no such waiver shall be valid unless it is executed as an instrument separate from the obligation or liability in respect of which it applies, and no such waiver shall be valid after the beginning of the period of military service if executed by an individual who subsequent to the execution of such waiver becomes a person in military service, or if executed by a dependent of such individual, unless executed by such individual or dependent during the period specified in section 106 [section 516 of this Appendix]. (Oct. 17, 1940, ch. 888, § 103, 54 Stat. 1179; Oct. 6, 1942, ch. 581, §§ 2, 3, 56 Stat. 769.) REFERENCES IN TEXT The Soldiers' and Sailors' Civil Relief Act Amendments of 1942, referred to in subsec. (4), amended, among other sections, this section. For other sections affected, see note under section 501 of this Appendix. AMENDMENTS 1942-Subsec. (1). Act Oct. 6, 1942, § 2(a), substituted "accommodation makers, and others, whether primarily or secondarily" for "and others". Subsec. (2). Act Oct. 6, 1942, § 2(b), substituted "accommodation maker, or other person whether primarily or secondarily" for "or other person". Subsecs. (3) and (4). Act Oct. 6, 1942, § 3 added subsecs. (3) and (4). SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 501, 510 to 512, 514 to 548 and 560 to 590 of this Appendix. § 514. Extension of benefits to citizens serving with forces of war allies. Persons who serve with the forces of any nation with which the United States may be allied in the prosecution of any war in which the United States engages while this Act [sections 501 to 548 and 560 to 590 of this Appendix] remains in force and who immediately prior to such service were citizens of the United States shall, except in those cases provided for in section 512 [section 572 of this Appendix], be entitled to the relief and benefits afforded by this Act [sections 501 to 548 and 560 to 590 of this Appendix] if such service is similar to military service as defined in this Act [said sections], unless they are dishonorably discharged therefrom, or it appears that they do not intend to resume United States citizenship. (Oct. 17, 1940, ch. 888, § 104, as added Oct. 6, 1942, ch. 581, § 4, 56 Stat. 770.) SECTION REFERRED TO IN OTHER S This section is referred to in section 515 to 548 and 560 to 590 of this Api § 515. Notice of benefits to persons in and persons entering military service. The Secretary of the Army and the Secretary of the Navy shall make provision, in such manner as each may deem appropriate for his respective Department, to insure the giving of notice of the benefits accorded by this Act [sections 501 to 548 and 560 to 590 of this Appendix] to persons in and to persons entering military service. The Director of Selective Service shall cooperate with the Secretary of the Army and the Secretary of the Navy in carrying out the provisions of this section. (Oct. 17, 1940, ch. 888, § 105, as added Oct. 6, 1942, ch. 581, § 4, 56 Stat. 770.) CODIFICATION The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205 (a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army. SECRETARY OF THE AIR FORCE For transfer of certain functions insofar as they pertain to the Air Force, and to the extent that they were not previously transferred to the Secretary of the Air Force and Department of the Air Force from the Secretary of the Army and Department of the Army, see Secretary of Defense Transfer Order No. 40 [App. A (112)]. July 22, 1949. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 501, 510 to 514, 516 to 548 and 560 to 590 of this Appendix. 516. Extension of benefits to persons ordered to report for induction or military service. Any person who has been ordered to report for induction under the Selective Training and Service Act of 1940, as amended, shall be entitled to the relief and benefits accorded persons in military service under articles I, II, and III of this Act [sections 510 to 517, 520 to 527, and 530 to 536 of this Appendix] during the period beginning on the date of receipt of such order and ending on the date upon which such person reports for induction; and any member of the Enlisted Reserve Corps who is ordered to report for military service shall be entitled to such relief and benefits during the period beginning on the date of receipt of such order and ending on the date upon which he reports for such service. (Oct. 17, 1940, ch. 888, § 106, as added Oct. 6, 1942. ch. 581, § 4, 56 Stat. 770.) REFERENCES IN TEXT The Selective Training and Service Act of 1940, as amended, referred to in text, was formerly set out as sections 301-303, 304, 305, 306-309, 310, and 311-318 of this Appendix. Similar provisions are now contained in the Universal Military Training and Service Act, set out as sections 451, 453, 454, 455, 456 and 458-471 of this Appendix. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 501, 510 to 515, 517 to 548 and 560 to 590 of this Appendix. § 517. Effect on rights, remedies, etc., pursuant to written agreements entered after commencement of military service. contained in this Act [sections 501 to 548 590 of this Appendix] shall prevent |