An Act to amend the Universal Military Training and Service Act, and for other purposes.
PL 90-40 (S.1432), enacted 06/30/1967

100 
[81 STAT. 
June 30, 1967 
[S. 1432] 
Universal Mili-
tary Training and 
Service Act, 
amendments. 
65 Stat. 75. 
Short title re-
designation. 
Induction lia-
bility. 
Occupational 
deferment recom-
mendations. 
Order of in-
duction, change 
prohibited. 
62 Stat. 608. 
Enlistment in 
Ready Reserve. 
77 Stat. 134. 
65 Stat. 83. 
62 Stat. 604. 
50 u s e app. 
451.471. 
PUBLIC LAW 90-40-JUNE 30, 1967 
Public Law 90-40 
AN ACT 
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 
United States of America in Congress assembled^ That the Universal 
Military Training and Service Act is amended as follows: 
(1) Section 1(a) (50 App. U.S.C. 451(a)) is amended to read as 
follows: 
"(a) This Act may be cited as the 'Military Selective Service 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 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 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." 
(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 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 
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 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. 
Medical or 
other specialists. 
Public Health 
Service officers. 
62 Stat. 605; 
65 Stat. 76. 
50 u s e app. 
453, 454. 
Student defer-
ments. 
65 Stat. 83. 
"Prime age 
group." 
Occupational 
deferments. 
United States during World War I I 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 anni-
versary of the date of his birth, 
"(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 
from liability for training and service under section 4. Notwithstand-
ing 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 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." 
(6) Section 6(h) (50 App, ILS.C. 456(h)) is amended to read as 
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. 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 satis-
factorily 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 para-
graph 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 employ-
ment 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 anni-
versary of the date of his birth, or who requests and is granted a stu-
dent deferment under this paragraph, shall, upon the termination of 
.•juch deferred status or deferment, and if qualified, be liable for in-
duction as a registrant 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 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. 
"(2) Except as otherwise provided in this subsection the President is 
authorized, under such rules and regulations as he may prescribe, to 
piovide for the deferment from training and service in the Armed 
Forces of any or all categories of persons whose employment in indus-
81 STAT. ] 
PUBLIC LAW 90-40-JUNE 30, 1967 
103 
62 Stat. 611. 
50 use app. 
Dependents. 
try, agriculture, or other occupations or employment, or whose con-
tinued service in an Office (other than an Office described in subsection 
(f)) under the United States or any State, territory, or posses-
sion, or the District of Columbia, or whose activity in graduate 456' 
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 train-
ing and service in the Armed Forces under the provisions of 
section 4(a) of this Act until the thirty-fifth anniversary of the 
sous^cJ^ 
date of their birth. This proviso shall not be construed to prevent 454. 
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 deferment 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) depend-
ent 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 de-
termining 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 con-
clusively to remove the grounds for deferment when the dependency 
is based upon financial considerations and shall not be deemed to re-
move 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 whom they 
maintain a bona fide family relationship in their homes. No defer-
ment from such training and service in the Armed Forces shall be made 
in the case of any individual except uj)on 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 classifica-
tions of those persons who have been classified by such local board. 
The President may, in carrying out the provisions of this title, recom-
mend 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 re-
quired 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, 
Posting of clas-
sification list. 
Uniform classi-
fication criteria. 
104 
PUBLIC LAW 90-40-JUNE 30, 1967 
[81 STAT. 
Conscientious 
objectors. 
62 Stat. 612. 
"Religious 
training and 
belief." 
65 Stat. 
70A Stat. 
50 
454. 
62 
use 
Stat 
50 u s e 
462. 
Re gistr 
78; 
630. 
app. 
622. 
app. 
ants* 
counselors. 
62 Stat 619. 
Local boards 
membership. 
Judicial re-
view. 
Post, p. 105. 
•'Executive 
secretary." 
or any private institution, corporation, association, partnership, or in-
dividual employed by an agency or department of the Federal Gov-
ernment." 
(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 philosophical views, 
or a merely personal moral code. Any person claiming exemption from 
combatant training and service because of such conscientious objec-
tions 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 con-
scientiously 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 con-
tributing 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 pur-
poses 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 thereof: ^'•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, sub-
stituting a period therefor and inserting the following: "No 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 sen-
tences shall be fully implemented and effective not later than January 
1,1968." 
(c) Inserting immediately before the last sentence thereof the fol-
lowing : "No judicial review shall be made of the classification or proc-
essing of any registrant by local boards, appeal boards, or the Presi-
dent, except as a defense to a criminal prosecution instituted under 
section 12 of this title, after the registrant has responded either affirm-
atively or negatively to an order to report for induction, or for civilian 
vvork in the case of a registrant determined to be opposed to participa-
tion 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 iq(b) (4) (50 App. U.S.C. 460(b) (4)) is amended by 
deleting the semicolon at the end of the paragraph, substituting 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 local board or boards: And 
provided 
81 STAT.] 
PUBLIC LAW 9 0 - 4 0 - J U N E 30, 1967 
105 
further^ That tlie 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 read as co^'ngresV" 
f o l l o w s : 
65 Stat. 87. 
"(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 defer-
ments ; 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: 
.^^l^^^ 
proceed-
(a) Deleting the last sentence of subsection (a) and substituting 
62 stat. 622. 
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 ad-
vanced 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." 
(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 Apj). 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, as 
amended (50 App. U.S.C. 2216), is amended by striking out "July 1, 
1967" and inserting in place thereof "July 1,1971". 
SEC. 4. Section 9 of the Act of June 27, 1957, Public Law 85-62, as 
amended (77 Stat. 4), is amended by striking out "July 1,1967" and 454°^^^^^^ ^^^ 
inserting in place thereof "July 1,1971". 
SEC. 5. Sections 302 and 303 of title 37, United States Code, are each 
amended by striking out "July 1, 1967" whenever that date appears 
and inserting in place thereof "July 1,1971". 
SEC. 6. Chapter 39 of title 10, United States Code, is amended— 
(1) by inserting the following new section after section 673: 
"§673a. Ready Reserve: members not assigned to, or partici-
pating satisfactorily in, units 
"(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. 
77 Stat. 4. 
10 u s e 3201 
note. 
77 Stat. 4. 
77 Stat. 4. 
70A Stat. 27. 
10 u s e 671-687. 
106 
PUBLIC LAW 90-41-JUNE 30, 1967 
[81 STAT. 
"(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." 
Approved June 30, 1967. 
June 30, 1967 
[S. 617] 
N. Dak., S. Dak., 
Mont., and Wash. 
Use of income. 
47 Stat. 150. 
Public Law 90-41 
AN ACT 
To authorize the States of North Dakota, South Daljota, Montana, and Wash-
ington to use the income from certain lands for the construction of facilities 
for State charitable, educational, penal, and reformatory institutions. 
Be it enacted hy 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, inter-
est on deferred payments on land sold, interest on funds arising from 
these lands, and all other actual income, shall be available for the acqui-
sition 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." 
Approved June 30, 1967. 
July 1, 1967 
[H. R. 10730] 
Public Law 90-42 
AN ACT 
To amend the Older Americans Act of 1965 so as to extend its provisions. 
Be it enacted hy the Senate and House of Representatives 
of the 
A^t^AmendmemT^ ?7m'^ec? Statcs of America in Congress assembled^ That this Act may 
of 1967. 
be cited as the "Older Americans Act Amendments of 1967". 
79 Stat. 220. 
Appropriation. 
COMMUNITY PLANNING, SERVICES, AND TRAINING 
SEC. 2. (a) (1) The first sentence of section 301 of the Older Amer-
icans Act of 1965 (42 U.S.C. 3021) is amended by striking out "four" 
and inserting in lieu thereof "six". 
(2) The second sentence of such section is amended (1) by striking 
out "and" before "$8,000,000" and (2) by striking "and for the fiscal 
year ending June 30, 1968, and each of the two succeeding years, such 
sums may be appropriated as the Congress may hereafter authorize by 
law," and inserting in lieu thereof "$10,550,000 for the fiscal year