An Act to amend and clarify the reemployment provisions of the Universal Military Training and Service Act, and for other purposes
PL 87-391 (H.R.8765), enacted 10/04/1961

76 
S T A T . ] 
PUBLIC LAW 87-391-OCT. 4, 1961 
821 
Public Law 87-391 
AN ACT 
To amend and clarify the reemployment provisions of the Universal Military 
Training and Service Act, and for other purposes. 
October 4, 1961 
[H. R. 8765] 
62 Stat. 614. 
65 Stat. 86. 
Be it enacted hy the Senate and House of Revresentatives 
of the 
United States of America in Congress assembled, That section 9 of the 
Re"m'*i^°'m*'nt 
Universal Military Training and Service Act, as amended (50 U.S.C. rightr"'^ oymen 
App. 459), is amended as follows: 
(1) By amending paragraph (1) of subsection (g) to read as 
follows: 
"(1) Any person who after entering the employment to which he 
claims restoration, enlists in the Armed Forces of the United States 
(other than a reserve component) shall be entitled upon release from 
service under honorable conditions to all the reemployment rights 
and other benefits provided for by this section in the case of persons 
inducted under the provisions of this title, if the total of his service 
performed between June 24, 1948, and August 1, 1961, did not exceed 
four years, and the total of any service, additional or otherwise, per-
formed by him after August 1, 1961, does not exceed four years (plus 
in each case any period of additional service imposed pursuant to 
law)." 
(2) By amending paragraph (2) of subsection (g) to read as 
follows: 
"(2) Any person who, after entering the employment to which he 
claims restoration, enters upon active duty (other than for the purpose 
of determining his physical fitness and other than for training), 
whether or not voluntarily, in the Armed Forces of the United States 
or the Public Health Service in response to an order or call to active 
duty shall, upon his relief from active duty under honorable conditions, 
be entitled to all of the reemployment rights and benefits provided by 
this section in the case of persons inducted under the provisions of this 
title, if the total of such active duty performed between June 24,1948, 
and August 1,1961, did not exceed four years, and the total of any such 
active duty, additional or otherwise, performed after August 1, 1961, 
does not exceed four years (plus in each case any additional period in 
which he was unable to obtain orders relieving him from active duty)." 
(3) By amending paragraph (4) of subsection (g) to read as 
follows: 
"(4) Any employee not covered by paragraph (3) of this subsection 
who holds a position described in paragraph (A) or (B) of subsection 
(b) of this section shall upon request be granted a leave of absence by 
his employer for the period required to perform active duty for train-
ing or inactive duty training in the Armed Forces of the United States. 
Upon his release from a period of such active duty for training or 
inactive duty traininc;, or upon his discharge from hospitalization 
incident to that training, such employee shall be permitted to return 
to his position with such seniority, status, pay, and vacation as he 
v'ould have had if he had not been absent for such purposes. 
He 
shall report for work at the beginning of his ncx^ regularly scheduled 
working period after expiration of the last calendar day necessary 
to travel from the place of training to the place of employment follow-
ing his release, or within a reasonable time thereafter if delayed 
return is due to factors beyond the employee's control. 
Failure to 
report for work at such next regularly scheduled working period shall 
make the employee subject to the conduct rules of the employer per-
taining to explanations and discipline with respect to absence from 
scheduled work. 
If that employee is hospitalized incident to active 
74 Stat. 467. 
822 
PUBLIC LAW 87-392-OCT. 4, 1961 
[75 ST A T . 
74 Stat. 467. 
duty for training or inactive duty training, he shall be required to 
report for work at the beginning of his next regularly scheduled work 
period after expiration of the time necessary to travel from the place 
of discharge from hospitalization to the place of employment, or 
within a reasonable time thereafter if delayed return is due to factors 
beyond the employee's control, or within one year after his release 
from active duty for training or inactive duty training, whichever 
is earlier. If an employee covered by this paragraph is not qualified 
to perform the duties of his position by reason of disability sustained 
during active duty for training or inactive duty trainmg, but is 
qualified to perform the duties of any other position in the employ 
of the employer or his successor in interest, he shall be restored by 
that employer or his successor in interest to such other position the 
duties of which he is qualified to perform as will provide him like 
seniority, status, and pay, or the nearest approximation thereof con-
sistent with the circumstances in his case." 
(4) By renumbering paragraph (5) of subsection (g) as para-
graph (6), and by inserting a new paragraph (5) as follows: 
"(5) Any employee not covered by paragraph- (3) of this subsection 
who holds a position described in paragraph (A) or (B) of subsec-
tion (b) of this section shall be considered as having been on leave 
of absence during the period required to report for the purpose of 
being inducted into, entering or determining by a preinduction or 
other examination his physical fitness to enter the Armed Forces of 
the United States. Upon his rejection, upon completion of his pre-
induction or other examination, or upon his discharge from hos-
pitalization incident to that rejection or examination, such employee 
shall be permitted to return to his position in accordance with the pro-
visions of paragraph (4) of this subsection." 
Approved October 4, 1961. 
October 4, 1961 
[H. R. 8S58] 
Public Law 87-392 
AN ACT 
To amend section 303(a) of title 23, United States Code, relating to the organic 
zation of the Bureau of Public Roads, and for other purposes. 
Deputy Federal 
Highway Adminis-
trator. 
72 Stat. 912. 
5 u s e 2206. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That subsection (a) 
of section 303 of title 23, United States Code, is hereby amended to 
I'ead as follows: 
"(a) The Bureau of Public Roads shall be in the Department of 
Commerce as a primary unit administered by the Federal Highway 
Administrator, appointed bj'^ the President by and with the advice 
and consent of the Senate. The Administrator shall receive basic 
compensation at the rate prescribed by law for Assistant Secretaries 
of executive departments and shall perform such duties as the Secre-
tary of Commerce may prescribe or as may be required by law. 
There 
shall be a Deputy Federal Highway Administrator, who shall be 
appointed by the Secretary and perform such duties as may be pre-
scribed by the Federal Highway Administrator. The Deputy Federal 
Highway Administrator shall receive basic compensation at a'rate 
$1,000 less than the rate provided for the Federal 
Highway 
Administrator." 
SEC. 2. Section 107(a) of the Act approved July 31, 1956 (70 Stat. 
739), is hereby amended by deleting the paragraph which reads: 
"(16) Commissioner of Public Roads." 
Approved October 4, 1961.