within the prime age group irrespective of his actual age, unless he is otherwise deferred under one of the exceptions specified in the preceding sentence. As used in this subsection, the term 'prime "Prime age group." age group' means the age group which has been designated by the President as the age group from which selections for induction into the Armed Forces are first to be made after delinquents and volunteers. deferments. "(2) Except as otherwise provided in this subsection the Occupational President is authorized, under such rules and regulations as he may prescribe, to provide for the deferment from training and service in the Armed Forces of any or all categories of persons whose employment in industry, agriculture, or other occupations or employment, or whose continued service in an Office 50 USC app. 454. (other than an Office described in subsection (f)) under the 62 Stat. 611. United States or any State, territory, or possession, or the 50 USC app. 456. District of Columbia, or whose activity in graduate study, research, or medical, dental, veterinary, optometric, osteopathic, scientific, pharmaceutical, chiropractic, chiropodial, or other endeavors is found to be necessary to the maintenance of the national health, safety, or interest: Provided, That no person within any such category shall be deferred except upon the basis of his individual status: Provided further, That persons who are or may be deferred under the provisions of this section shall remain liable for training and service in the Armed Forces under the provisions of section 4(a) of this Act until the thirtyfifth anniversary of the date of their birth. This proviso shall 65 Stat. 76. not be construed to prevent the continued deferment of such persons if otherwise deferrable under any other provisions of this Act. The President is also authorized, under such rules and regulations as he may prescribe, to provide for the defer- Dependents. ment from training and service in the Armed Forces (1) of any or all categories of persons in a status with respect to persons (other than wives alone, except in cases of extreme hardship) dependent upon them for support which renders their deferment advisable, and (2) of any or all categories of those persons found to be physically, mentally, or morally deficient or defective. For the purpose of determining whether or not the deferment of any person is advisable, because of his status with respect to persons dependent upon him for support, any payments of allowances which are payable by the United States to the dependents of persons serving in the Armed Forces of the United States shall be taken into consideration, but the fact that such payments of allowances are payable shall not be deemed conclusively to remove the grounds for deferment when the dependency is based upon financial considerations and shall not be deemed to remove the ground for deferment when the dependency is based upon other than financial considerations and cannot be eliminated by financial assistance to the dependents. Except as otherwise provided in this subsection, the President is also authorized, under such rules and regulations as he may prescribe, to provide for the deferment from training and service in the Armed Forces of any or all categories of persons who have children, or wives and children, with whon they maintain a bona fide family relationship in their homes. Posting of classification list. Uniform classification criteria. Conscientious objectors. 62 Stat. 612. "Religious training and belief." 65 Stat. 78; 70A Stat. 630. 50 USC app. 454. 62 Stat. 622. 50 USC app. 462. Registrants' counselors. 62 Stat. 619. No deferment from such training and service in the Armed Forces shall be made in the case of any individual except upon the basis of the status of such individual. There shall be posted in a conspicuous place at the office of each local board a list setting forth the names and classifications of those persons who have been classified by such local board. The President may, in carrying out the provisions of this title, recommend criteria for the classification of persons subject to induction under this title, and to the extent that such action is determined by the President to be consistent with the national interest, recommend that such criteria be administered uniformly throughout the United States whenever practicable; except that no local board, appeal board, or other agency of appeal of the Selective Service System shall be required to postpone or defer any person by reason of his activity in study, research, or medical, dental veterinary, optometric, osteopathic, scientific pharmaceutical, chiropractic, chiropodial, or other endeavors found to be necessary to the maintenance of the national health, safety, or interest solely on the basis of any test, examination, selection system, class standing, or any other means conducted, sponsored, administered, or prepared by any agency or department of the Federal Government, or any private institution, corporation, association, partnership, or individual employed by an agency or department of the Federal Government." (7) Section 6(j) (50 App. U.S.C. 456(j) is amended to read as follows: "(j) Nothing contained in this title shall be construed to require any person to be subject to combatant training and service in the armed forces of the United States who, by reason of religious training and belief, is conscientiously opposed to participation in war in any form. As used in this subsection, the term 'religious training and belief' does not include essentially political, sociological or philosphical views, or a merely personal moral code. Any person claiming exemption from combatant training and service because of such conscientious objections whose claim is sustained by the local board shall, if he is inducted into the armed forces under this title, be assigned to noncombatant service as defined by the President, or shall, if he is found to be conscientiously opposed to participation in such noncombatant service, in lieu of such induction, be ordered by his local board, subject to such regulations as the President may prescribe, to perform for a period equal to the period prescribed in section 4(b) such civilian work contributing to the maintenance of the national health, safety, or interest as the local board pursuant to Presidential regulations may deem appropriate and any such person who knowingly fails or neglects to obey any such order from his local board shall be deemed, for the purposes of section 12 of this title, to have knowingly failed or neglected to perform a duty required of him under this title." (8) Section 10(b)(3) (50 App. U.S.C. 460(b)(3)) is amended by: (a) Inserting the following new proviso at the end of the first sentence therof: "Provided, That no person shall be disqualified from serving as a counselor to registrants, including service as Government appeal agent, because of his membership in a Reserve component of the Armed Forces." (b) Deleting the colon immediately preceding the first proviso, Local boards, substituting a period therfor and inserting the following: "No membership. member shall serve on any local board or appeal board for more than twenty-five years, or after he has attained the age of seventy-five. No citizen shall be denied membership on any local board or appeal board on account of sex. The requirements outlined in the preceding two sentences shall be fully implemented and effective not later than January 1, 1968." (c) Inserting immediately before the last sentence thereof Judicial review. the following: "No judicial review shall be made of the c ́assification or processing of any reg'strant by local boards, appeal boards, or the President, except as a defense to a criminal prosecution instituted under section 12 of this title, after the registrant has responded either affirmatively or negatively to an order to report for induction, or for civilian work in the case of a registrant determined to be opposed to participation in war in any form: Provided, That such review shall go to the question of the jurisdiction herein reserved to local boards, appeal boards, and the President only when there is no basis in fact for the classification assigned to such registrant." (9) Sections 10(b) (4) (50 App. U.S.C. 460(b)(4)) is amended "Executive by deleting the semicolon at the end of the paragraph, sub- secretary." stituting a colon therefor, and adding the following: "Provided further, That an employee of a local board having supervisory duties with respect to other employees of one or more local boards shall be designated as the 'executive secretary' of the 81 Stat. 105. local board or boards: And provided further, That the term of employment of such executive secretary' in such position shall in no case exceed ten years except when reappointed;". (10) Section 10(g) (50 App. U.S.C. 460 (g)) is amended to Report to Congress. read as follows: "(g) The Director of Selective Service shall submit to the Congress semiannually a written report covering the operation of the Selective Service System and such report shall include, by States, information as to the number of persons registered under this Act; the number of persons inducted into the military service under this Act; the number of deferments granted under this Act and the basis for such deferments; and such other specific kinds of information as the Congress may from time to time request." (11) Section 12 (50 App. U.S.C. 462) is amended by: 65 Stat. 87. Legal proceedings. (a) Deleting the last sentence of subsection (a) and sub- 62 Stat. 622. stituting the following in lieu thereof: "Precedence shall be given by courts to the trial of cases arising under this title, and such cases shall be advanced on the docket for immediate hearing, and an appeal from the decision or decree of any United States district court or United States court of appeals shall take precedence over all other cases pending before the court to which the case has been referred." 77 Stat. 4. 10 USC 3201 note. 77 Stat. 4. 50 USC app. 454 note. 77 Stat. 4. 70A Stat. 27. 10 USC 671-687. (b) Adding a new subsection (c) as follows: "(c) The Department of Justice shall proceed as expeditiously as possible with a prosecution under this section, or with an appeal, upon the request of the Director of Selective Service System or shall advise the House of Representatives and the Senate in writing the reasons for its failure to do so." (12) Section 17(c) (50 App. U.S.C. 467 (c)) is amended by striking out "July 1, 1967" and inserting in place thereof "July 1, 1971". SEC. 2. Section 1 of the Act of August 3, 1950, chapter 537, as amended (77 Stat. 4), is amended by striking out "July 1, 1967" and inserting in place thereof "July 1, 1971". SEC. 3. Section 16 of the Dependents Assistance Act of 1950, 673: "(a) Notwithstanding any other provision of law, the President may order to active duty any member of the Ready Reserve of an armed force who "(1) is not assigned to, or participating satisfactorily in, a unit of the Ready Reserve; "(2) has not fulfilled his statutory reserve obligation; and "(3) has not served on active duty for a total of 24 months. "(b) A member who is ordered to active duty under this section may be required to serve on active duty until his total service on active duty equals 24 months. If his enlistment or other period of military service would expire before he has served the required period under this section, it may be extended until he has served the required period. "(c) To achieve fair treatment among members of the Ready Reserve who are being considered for active duty under this section, appropriate consideration shall be given to"(1) family responsibilities; and "(2) employment necessary to maintain the national health, safety, or interest."; and (2) by inserting the following item in the analysis: "673a Ready Reserve: members not assigned to, or participating satisfactorily in, units." 3. AUTHORIZATION FOR CERTAIN STATES TO USE INCOME FROM CERTAIN LANDS FOR EDUCATIONAL PURPOSES (Public Law 90-41, approved June 30, 1967) A. LEGISLATIVE HISTORY S. 617 was introduced on January 24, 1967, by Senators Warren G. Magnuson and Henry M. Jackson, both of Washington. The bill was referred to the Committee on Interior and Insular Affairs. Hearings on the bill were held before the Subcommittee on Public Lands of the Committee on Interior and Insular Affairs on April 12, 1967. The bill was reported in the Senate on April 28, 1967 (S. Rept. 198). It passed the Senate on May 2, 1967, and was referred to the (House) Committee on Interior and Insular Affairs on May 3, 1967. The committee was discharged. The bill passed the Senate on June 19, 1967. It was approved by the President on June 30, 1967 and became Public Law 90-41. B. DIGEST OF THE ACT The act authorizes North Dakota, South Dakota, Montana and Washington to use the income from certain lands for the construction of facilities for schools and other public institutions. C. TEXT OF THE ACT Following is the text of Public Law 90-41. AN ACT To authorize the States of North Dakota, South Dakota, 81 Stat. 106. Montana, and Washington to use the income from certain lands for the construction of facilities for State charitable, educational, penal, and reformatory institutions Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the second sentence of the fourth paragraph of section 11 of the Act entitled "An Act to provide for the division of Dakota into two States and to enable the people of North Dakota, South Dakota, Montana, and Washington to form constitutions and State governments and to be admitted into the Union on an equal footing with the original States, and to make donations of public lands to such States", approved February 22, 1889 (25 Stat. 676), as amended, is amended to read as follows: "Rentals on leased land, proceeds from the sale of timber and other crops, interest on deferred payments on land sold, interest on funds arising from these lands, and all other actual income, shall be available for the acquisition and construction of facilities, including the retirement of bonds authorized by law for such purposes, and for the maintenance and support of such schools and institutions." N. Dak., S. Dak., Use of income. |