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PUBLIC LAW 90-40-JUNE 30, 1967 Public Law 90-40

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PUBLIC LAW 90-40-JUNE 30, 1967 Public Law 90-40 100 PUBLIC LAW 90-40-JUNE 30, 1967 [81 STAT. Public Law 90-40 June 30, 1967 AN ACT [S. 1432] To amend the Universal Military Training and Service Act, and for other purposes. Be it emicted by the Senate and House of Re'preHentativea of the Universal Mili­ tary Training and United States of America in Congress assembled^ That the Universal Service Act, Military Training and Service Act is amended as follows: amendments. (1) Section 1(a) (50 App. U.S.C. 451(a)) is amended to read as 65 Stat. 75. follows: Short title re- designation. "(a) This Act may be cited as the 'Military Selective Service Act of 1967'." Induction lia­ bility. ^2) Section 4 (50 App. U.S.C. 454) is amended by: a) Inserting after the first proviso of subsection (a) the following: "^Provided further^ That, notwithstanding any other provision of law, any registrant who has failed or refused to report- for induction shall continue to remain liable for induction and when available shall be immediately inducted.", and Occupational deferment recom­ (b) Adding the following new subsection (g) to read as follows: mendations. "(g) The National Security Council shall periodically advise the Director of the Selective Service System and coordinate with him the work of such State and local volunteer advisory committees which the Director of Selective Service may establish, with respect to the identification, selection, and deferment of needed professional and scientific personnel and those engaged in, and preparing for, critical skills and other essential occupations. In the performance of its duties under this subsection the National Security Council shall consider the needs of both the Armed Forces and the civilian segment of the population." Order of in­ duction, change (3) Section 5(a) (50 App, U.S.C. 455(a)) is amended by inserting prohibited. " (1)" immediately after "SEC. 5. (a)"; and by adding at the end thereof 62 Stat. 608. a new paragraph as follows: "(2) Notwithstanding the provisions of paragraph (1) of this sub­ section, the President in establishing the order of induction for reg­ istrants within the various age groups found qualified for induction shall not effect any change in the method of determining the relative order of induction for such registrants within such age groups as has been heretofore established and in effect on the date of enactment of this paragraph, unless authorized by law enacted after the date of enactment of the Military Selective Service Act of 1967." Enlistment in (4) Section 6(c)(2)(A) (50 App. U.S.C. 456(c) (2) (A)), is Ready Reserve. 77 Stat. 134. amended to read as follows: "(2) (A) Any person, other than a person referred to in subsection 65 Stat. 83. (d) of this section, who— "(i) prior to the issuance of orders for him to report for induc­ tion ; or "(ii) prior to the date scheduled for his induction and pursuant to a proclamation by the (xovernor of a State to the effect that the authorized strength of any organized unit of the National Guard of that State cannot be maintained by the enlistment or appoint­ ment of persons w^ho have not been issued orders to report for 62 Stat. 604. 50 use app. induction under this title; or 451.471. " (iii) prior to the date scheduled for his induction and pursuant to a determination by the President that the strength of the Ready Reserve of the Army Reserve, Naval Reserve, Marine Corps Re­ serve, Air Foire Reserve, or (^oast Guard Reserve cannot be main- 81 STAT. ] PUBLIC LAW 90-40-JUNE 30, 1967 101 tained by the enlistment or appointment of persons who have not been issued orders to report for induction under this title; 50 use fpp." enlists or accepts appointment, before attaining the age of 26 years, in 451.471. the Ready Eeserve of any Reserve component of the Armed Forces, the Army National Guard, or the Air National Guard, shall be deferred from training and service under this title so long as he serves satis­ factorily as a member of an organized unit of such Reserve or National Guard in accordance with section 270 of title 10 or section 502 of title ^^ ^*^*- ^'*^^* 32, United States Code, as the case may be, or satisfactorily performs ^°^ ^*^*- ^^°' such other Ready Reserve service as may be prescribed by the Secre­ tary of Defense. Enlistments or appointments under subparagraphs (ii) and (iii) of this clause may be accepted notwithstanding the provisions of section 15(d) of this title. Notwithstanding the pro- 50 us^c fpp" 465. visions of subsection (h) of this section, no person deferred under Post, p. 102. this clause who has completed six years of such satisfactory service as a member of the Ready Reserve or National Guard, and who during such service has performed active duty for training with an armed force for not less than four consecutive months, shall be liable for induction for training and service under this Act, except after a decla­ ration of war or national emergency made by the Congress after August 9,1955. In no event shall the number of enlistments or appoint­ ments made under authority of this paragraph in any fiscal year in any Reserve component of the Armed Forces or in the Army National Guard or the Air National Guard cause the personnel strength of such Reserve component or the Army National Guard or the Air National Guard, as the case may be, to exceed the personnel strength for which funds have been made available by the Congress for such fiscal year." (5) Section 6(a) (50 App. U.S.C. 456(a)) is hereby amended to Js^'I'^Pt^gsp­ read as follows: 6 9 st at f 2 2 3.' "SEC. 6. (a) (1) Commissioned officers, warrant officers, pay clerks, enlisted men, and aviation cadets of the Regular Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, and the Environmental Science Services Administration; cadets. United States Military Academy; midshipmen. United States Naval Academy; cadets. United States Air Force Academy; cadets, United States Coast Guard Acad­ emy; midshipmen. Merchant Marine Reserve, United States Naval Reserves; students enrolled in an officer procurement program at mil­ itary colleges the curriculum of which is approved by the Secretary of Defense; members of the reserve components of the Armed Forces, and the Coast Guard, while on active duty; and foreign diplomatic representatives, technical attaches of foreign embassies and legations, consuls general, consuls, vice consuls and other consular agents of foreign countries who are not citizens of the United States, and mem­ bers of their families, and persons in other categories to be specified by the President who are not citizens of the United States, shall not be required to be registered under section 3 and shall be relieved from liability for training and service under section 4, except that aliens ^2 stat. 605; admitted for permanent residence in the United States shall not be ^\o*usc%p. so exempted. Any person who subsequent to June 24, 1948, serves on 453, 454. active duty for a period of not less than eighteen months in the armed forces of a nation with which the United States is associated in mutual defense activities as defined by the President, may be exempted from training and service, but not from registration, in accordance with regulations prescribed by the President, except that no such exemp­ tion shall be granted to any person who is a national of a country which does not grant reciprocal privileges to citizens of the United States: Provided, That any active duty performed prior to June 24, 1948, by a person in the armed forces of a country allied with the 102 PUBLIC LAW 90-40-JUNE 30, 1967 [81 STAT. United States during World War II and with which the United States is associated in such mutual defense activities, shall be credited in the Medical or computation of such eighteen-month period: Provided further^ That other specialists. any person who is in a medical, dental, or allied specialist category not otherwise deferred or exempted under this subsection shall be liable for registration and training and service until the thirty-fifth anni­ versary of the date of his birth, Public Health Service officers. "(2) Commissioned officers of the Public Health Service and mem­ bers of the Reserve of the Public Health Service while on active duty and assigned to staff the various offices and bureaus of the Public Health Service, including the National Institutes of Health, or as­ signed to the Coast Guard, the Bureau of Prisons, Department of Justice, or the Environmental Science Services Administration, shall not be required to be registered under section 3 and shall be relieved 62 Stat. 605; from liability for training and service under section 4. Notwithstand­ 65 Stat. 76. 50 use app. ing the preceding sentence, commissioned officers of the Public Health 453, 454. Service and members of the Reserve of the Public Health Service who, prior to the enactment of this paragraph, had been detailed or assigned to duty other than that specified m the preceding sentence shall not be required to be registered under section 3 and shall be relieved from liability for training and service under section 4." Student defer­ (6) Section 6(h) (50 App, ILS.C. 456(h)) is amended to read as ments. 65 Stat. 83. follows: "(h) (1) Except as otherwise provided in this paragraph, the Presi­ dent shall, under such rules and regulations as he may prescribe, pro­ vide for the deferment from training and service in the Armed Forces of persons satisfactorily pursuing a full-time course of instruction at a college, university, or similar institution of learning and who request such deferment.
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