S. 1432 was reported in the Senate on May 4, 1967 (S. Rept. 209). It passed the Senate on May 11, 1967. It was referred to the (House) Committee on Armed Services on May 15, 1967, and was reported from that committee on May 17, 1967 (H. Rept. 267). It passed the House, amended, on May 25, 1967, and on the same date the House asked for a conference. On June 5, 1967, the Senate agreed to a conference. The conference report was filed on June 8, 1967 (H. Rept. 346). The Senate agreed to the conference report on June 14, 1967. The House agreed to the conference report on June 20, 1967. The act was approved by the President on June 30, 1967, and became Public Law 90-40. B. DIGEST OF THE ACT Public Law 90-40, as a whole, is concerned with training, as well as service, in the Armed Forces. Following is a digest of the act with special reference to its provisions for deferment of college students. The act revises the Universal Military Training and Service Act as follows: (1) extends for a period of 4 years, from July 1, 1967, through July 1, 1971, the following provisions of the law: (a) the authority to induct persons into the Armed Forces, (b) the authority to issue selective service calls for physicians, dentists and allied specialists, (c) the suspension of permanent limitations on the active duty strength of the Armed Forces, (d) the authority to pay a quarters allowance to all enlisted members of the Armed Forces who have dependents, irrespective of the rank of these members, if the dependents are not furnished Government quarters, and (e) the authority for special pay to physicians, dentists and veterinarians; (2) changes the title of the draft act from the Universal Military Training and Service Act to the Military Selective Service Act of 1967; (3) requires the National Security Council to identify those professional, scientific, and critical skill areas in which individuals so engaged are required to be deferred from military service in the national interest; (4) provides that a registrant who prolongs litigation of his draft classification beyond the age of 26 would nonetheless remain liable for induction if he is later found qualified for induction; (5) prohibits the President from effecting any substantial change in the existing system of establishing the relative order of priority in the induction of registrants within specific age groups without the enactment of new statutory authority by Congress; (6) provides a method for maintaining the authorized strengths of the Reserve components and the National Guard; (7) permits the special induction of alien physicians and dentists until they become 35 years of age; (8) establishes a limitation on the exemption of certain Public Health Service officers from possible military service; (9) establishes broad and uniform guidelines for future undergraduate college student deferments, together with language which will require their exposure to possible induction after they either leave school, receive their baccalaureate degree, or attain age 24, whichever is the earlier; (10) provides language permitting the President to recommend criteria for the classification of persons subject to induction and, if he determines that such action is in the national interest, to recommend that such criteria be administered uniformly throughout the United States whenever practicable; (11) revises the language relating to conscientious objectors so as to insure that all such registrants would be required, if selected for induction, to perform 2 years of service; (12) establishes the position of Deputy Director of Selective Service for Public Affairs in order to insure that both the Congress and the general public will be better informed on the administration and operation of the Selective Service Act; (13) permits Reserve officers not on active duty to serve as Government appeal agents so as to insure their availability when required by either registrants and/or local boards; (14) prohibits individuals to serve on local or appeal boards after they have completed 25 years of service or attained age 75 (this change also permits the appointment of women to these positions); (15) reenunciates the principle already in existing law that the courts cannot review the classification action of the Selective Service System until after a registrant has been ordered to report for induction and has responded either affirmatively or negatively to such an order; (16) provides that the position of chief clerk shall in the future be identified as the executive secretary and the term of employment of such executive secretary shall normally not exceed 10 years; (17) establishes a requirement that the Director of Selective Service submit periodic reports to the Congress, at least quarterly, on the operations of the Selective Service System; (18) expedites judicial review of criminal proceedings arising out of section 12 of the draft act by requiring that such cases be given precedence by the court to which referred; (19) requires that the Department of Justice institute, as expeditiously as possible, prosecution and judicial proceedings involving violations of the draft act in instances in which a specific request for such action has been made by the Director of Selective Service and in the absence of such action by the Attorney General, he be required to submit a complete report to the Congress; and (20) authorizes the President to call to active duty members of the Ready Reserve, who (a) are not assigned or are not participating satisfactorily in a Ready Reserve unit, (b) have not fulfilled their statutory reserve obligation, and (c) have not served on active duty for a total of 24 months. C. TEXT OF THE Аст (Emphasis added) Following is the text of Public Law 90-40, with added emphasis to its references to training. AN ACT To amend the Universal Military Training and Service Act, and 81 Stat. 100. for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Universal Military Training and Service Act is amended as Universal Military follows: (1) Section 1(a) (50 App. U.S.C. 451(a)) is amended to read as follows: Training and Service "(a) This Act may be cited as the 'Military Selective Service tion. Act of 1967'." (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 91-165 0-68-pt. 1- -11 Induction liability. Occupational deferment recommendations. Order of induction. Change prohibited. 62 Stat. 608. Enlistment in 62 Stat. 604. 50 USC app. 451-471. 81 Stat. 101 62 Stat. 604. 50 USC app. 451-471. 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 (b) Adding the following new subsection (g) to read as follows: "(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." (3) Section 5(a) (50 App. U.S.C. 455(a)) is amended by inserting "(1)" immediately after "SEC. 5. (a)"; and by adding at the end thereof a new paragraph as follows: "2) Notwithstanding the provisions of paragraph (1) of this subsection, the President in establishing the order of induction for registrants 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." (4) Section 6(c)(2)(A) (50 App. U.S.C. 456(c)(2)(A)), is amended to read as follows: "(2)(A) Any person, other than a person referred to in subsection (d) of this section, who "(i) prior to the issuance of orders for him to report for induction; or "(ii) prior to the date scheduled for his induction and pursuant to a proclamation by the Governor 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 appointment of persons who have not been issued orders to report for induction under this title; or "(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 Reserve, Air Force Reserve. or Coast Guard Reserve cannot be maintained by the enlistment or appointment of persons who have not been issued orders to report for induction under this title; enlists or accepts appointment, before attaining the age of 26 years, in the Ready Reserve 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 satisfactorily 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 72 Stat. 1438. Code, as the case may be, or satisfactorily performs such other 70A Stat. 610. Ready Reserve service as may be prescribed by the Secretary of Defense. Enlistments or appointments under subparagraphs (ii) and (iii) of this clause may be accepted notwithstanding 62 Stat. 624. the provisions of section 15(d) of this title. Notwithstanding 50 USC app. 465. the provisions of subsection (h) of this section, no person de- Post, p. 102. ferred under 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 declaration of war or national emergency made by the Congress after August 9, 1955. In no event shall the number of enlistments or appointments 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 Exemptions. read as follows: "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 Academy; midshipmen, Merchant Marine Reserve, United States Naval Reserves; students enrolled in an officers procurement program at military 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 members of their families, and persons in other caregories 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 62 4, except that aliens admitted for permanent residence in the United States shall not be so exempted. Any person who subsequent to June 24, 1948, serves on 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 exemption 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 65 Stat. 83; 69 Stat. 223. Stat. 605; 65 Stat. 76. 50 USC app. 453, 454. 81 Stat. 102. Medical or other specialists. Public Health 62 Stat. 605; 65 Stat. 76. 50 USC app. 453, 454. Student deferments. 65 Stat. 83. 24, 1948, by a person in the armed forces of a country allied with the United States during World War II and with which the United States is associated in such mutual defense activities, shall be credited in the computation of such eighteen-month period: Provided further, That 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 anniversary of the date of his birth. "(2) Commissioned officers of the Public Health Service and members 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 assigned 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 from liability for training and service under section 4. Notwithstanding the preceding sentence, commissioned officers of the Public Health 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 in 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." (6) Section 6(h) (50 App. U.S.C. 456(h)) is amended to read as follows: "(h) (1) Except as otherwise provided in this paragraph, the President shall, under such rules and regulations as he may prescribe, provide 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. A deferment granted to any person under authority of the preceding sentence shall continue until such person completes the requirements for his baccalaureate degree, fails to pursue satisfactorily a full-time course of instruction, or attains the twenty-fourth anniversary of the date of his birth, whichever first occurs. Student deferments provided for under this paragraph may be substantially restricted or terminated by the President only upon a finding by him that the needs of the Armed Forces require such action. No person who has received a student deferment under the provisions of this paragraph shall thereafter be granted a deferment under this subsection, nor shall any such person be granted a deferment under subsection (i) of this section if he has been awarded a baccalaureate degree, except for extreme hardship to dependents (under regulations governing hardship deferments), or for graduate study, occupation, or employment necessary to the maintenance of the national health, safety, or interest. Any person who is in a deferred status under the provisions of subsection (i) of this section after attaining the nineteenth anniversary of the date of his birth, or who requests and is granted a student deferment under this paragraph, shall, upon the termination of such deferred status or deferment, and if qualified, be liable for induction as a registrant |