Service Extension Act of 1941

JOINT RESOLUTION

To extend the period of service of persons in the military service, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress, acting in accordance with and solely for the purpose of carrying into effect the provisions of Section 3(b) of the Selective Training and Service Act of 1940, hereby declares that the national interest is imperiled.

SECTION 2
The President is hereby authorized, subject, however, to the condition hereinafter stated, to extend, for such periods of time as may be necessary in the interests of national defense, the periods of service, training and service, enlistment, appointment, or commission, of any or all persons inducted for training and service under said Act, members and units of the reserve components of the Army of the United States (including the National Guard of the United States), retired personnel and enlisted men of the Regular Army, and any other members of the Army, who are now, or who may hereafter be, in or subject to active military service, or training and service: Provided, That extension of the periods of active military service, or training and service, in the case of any person subject to the provisions of this section, shall not, without his consent, exceed eighteen months in the aggregate; except that whenever the Congress declares that it is in the interests of national defense to further extend such periods of active military service and training and service, such periods may be further extended by the President, in the case of any such persons, for such time as may be necessary in the interests of national defense: Provided further, That the authority hereby conferred is subject to the condition that the delegation of such authority may be revoked at any time by concurrent resolution of the Congress.

SECTION 3
Any person whose period of active military service or training and service is extended under Section 2 and who was (a) ordered to active Federal service under Public Resolution Numbered 96, Seventy-sixth Congress, or (b) inducted under the Selective Training and Service Act of 1940, as amended, prior to the enactment of this Act, shall, notwithstanding the limitation in Section 602 (a) of the National Service Life Insurance Act of 1940 upon the time within which application for National Service Life Insurance may be made, be granted insurance under such section without further medical examination if application therefor is filed within one hundred and twenty days after the date of enactment of this Act.

SECTION 4
The Secretary of War shall, when not in conflict with the interests of national defense, release from active military service those persons who apply therefor through the regular military channels and state their reasons for such release, and whose retention in active military service would, in the judgment of the Secretary of War, subject them or their wives or other dependents to undue hardship if retained on active military service. Any person so released who, in the judgment of those in authority over him, has served satisfactorily shall be entitled to a certificate to that effect, which shall be in the same form and have the same force and effect as a certificate issued under the provisions of Section 8 of the Selective Training and Service Act of 1940, as amended. Any person so released shall be transferred to, or remain in, as the case may be, a reserve component of the land forces for the same period and with the same rights, duties, and liabilities as any person transferred to a reserve component of the land forces under the provisions of Section 3(c)
of such Act.

SECTION 5
Section 3(c) of the Selective Training and Service Act of 1940, as amended, is amended by adding at the end thereof the following:

The active military service or training and service of any person pursuant to Section 2 of the Service Extension Act of 1941 shall be credited against the service in a reserve component required by this section or Section 4 of the Service Extension Act of 1941.

SECTION 6
The President is hereby authorized to order retired personnel of the Regular Army to active duty and to employ them as he shall deem necessary in the interests of national defense.

SECTION 7
Any person who, subsequent to May 1, 1940, and prior to the termination of the authority conferred by Section 2 of this joint resolution, shall have entered upon active military or naval service in the land or naval forces of the United States shall be entitled to all the reemployment benefits of Section 8 of the Selective Training and Service Act of 1940 to the same extent as in the case of persons inducted under said Act: Provided, That the provisions of Section 8(b)(A) of said Act shall be applicable to any such person without regard to whether the position which he held shall have been covered into the classified civil service during the period of his military or naval service.

SECTION 8

a) Any person inducted into the land or naval forces of the United States for active training and service, under Section 3(b) of the Selective Training and Service Act of 1940 shall, in addition to the amounts otherwise payable to such person with respect to such training and service, be entitled to receive the sum of $10 for each month of such training and service in excess of twelve. The provisions of this section shall also apply (1) to any enlisted personnel of the National Guard of the United States or of any other reserve component of the Army of the United States ordered into the active military service under the authority of Public Resolution Numbered 96, approved August 27, 1940, or Section 37(a) of the National Defense Act of 1916, as amended, for any such service so rendered by any such personnel in excess of twelve months, and (2) to any enlisted personnel of the Regular Army for each month of military service rendered by him after the date of enactment of this joint resolution, and after his total military service (rendered before or after such date) exceeds twelve months.

b) The provisions of this section shall be applicable only during the period of the unlimited emergency declared by the President on May 27, 1941.

SECTION 9
During the existence of the authority conferred by Section 2 of this joint resolution and for six months thereafter the limitation on the number of men who may be in active training and service at any one time under Section 3(b) of the Selective Training and Service Act of 1940 is hereby suspended: Provided, That the Secretary of War shall report to the Congress each month the number of men in active training and service in the land forces under Section 3(b) of said Act.

SECTION 10
During the existence of the authority conferred by Section 2 of this joint resolution, enlistments in the Army of the United States, without regard to component, are hereby authorized in the manner provided by the concluding paragraph of Section 127(a) of the National Defense Act, as amended.

SECTION 11
Section 1 of Public Resolution Numbered 96, Seventy-sixth Congress, approved August 27, 1940, is hereby amended (1) by inserting after “June 30, 1942,” the following:

…or six months after the termination of the authority conferred by Section 2 of the Service Extension Act of 1941, whichever is the later.

…and (2) by adding at the end thereof the following:

Notwithstanding the foregoing provisions of this section the President is authorized to order the same member or the same unit into the active military service of the United States for more than one period, except that in the case of any such member any active military service under authority of this resolution in excess of twelve months shall be deemed an extension of active military service within the meaning of Section 2 of the Service Extension Act of 1941.

SECTION 12.
This joint resolution may be cited as the “Service Extension Act of 1941”.

Approved, August 18, 1941.

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