An Act to amend the Military Selective Service Act of 1967; to increase military pay; to authorize military active duty strengths for fiscal year 1972; and for other purposes
PL 92-129 (H.R.6531), enacted 09/28/1971

73 Stat. 453. 
Short title 
redesignation. 
348 
PUBLIC LAW 92-129-SEPT. 28, 1971 
[85 STAT. 
Repeal. 
SEC. 2. (a) Title I I of the Internal Security Act of 1950 (50 U.S.C. 
64 Stat. 1019. 
811-826) is hereby repealed. 
80 Stat. 559. 
(b) Scction 8312(c)(1)(C) of title 5, United States Code, is 
amended by striking out", 822 (conspiracy or evasion of apprehension 
during internal security emergency), or 823 (aiding evasion or appre-
hension during internal security emergency)". 
(c) Clause (4) of section 3505(b) of title 38, United States Code, 
is amended to read as follows:" (4) in section 4 of the Internal Security 
Act of 1950.". 
Approved September 25, 1971. 
Public Law 92-129 
September 28, 1971 
^^ 
A C T 
[H. R. 6531] 
']^Q amend the Military Selective Service Act of 1967; to increase military pay; 
to authorize military active duty strengths for fiscal year 1972; and for other 
purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
Military Seiec- 
JJnited States of America in Conqress assembled. 
tive Service Act 
^ 
"
^ 
of 1967, amend-
ments, 
TITLE I—AMENDMENTS TO T H E MILITARY SELECTIVE 
SEEVICE ACT OF 1967; RELATED PROVISIONS 
SEC. 101. (a) The Military Selective Service Act of 1967, as 
amended, is amended as follows: 
(1) Section 1(a) is amended to read as follows: 
srsrauToo. 
"(a) This Act may be cited as the 'Military Selective Service Act'." 
451° ^^*^ ^^^' 
(^) Section 3 is amended to read as follows: 
Registration, 
"SEC. 3. Except as otherwise provided in this title, it shall be the 
65 Stat. 76. 
duty of evcry male citizen of the United States, and every other male 
453. 
^^^' 
person residing in the United States, who, on the day or days fixed 
for the first or any subsequent registration, is between the ages of 
eighteen and twenty-six, to present himself for and submit to registra-
tion at such time or times and place or places, and in such manner, as 
shall be determined by proclamation of the President and by rules 
and regulations prescribed hereunder. The provisions of this section 
shall not be applicable to any alien lawfully admitted to the United 
States as a nonimmigrant under section 101(a) (15) of the Immigra-
tion and Nationality Act, as amended (66 Stat. 163; 8 U.S.C. 1101), 
for so long as he continues to maintain a lawful nonimmigrant status 
in the United States." 
Induction. 
(3) xhe first two paragraphs of section 4(a) are amended to read as 
454. 
lollows: 
"Except as otherwise provided in this title, every person required to 
register pursuant to section 3 of this title who is between the ages of 
eighteen years and six months and twenty-six years, at the time fixed 
for his registration, or who attains the age of eighteen years and six 
months after having been required to register pursuant to section 3 
of this title, or who is otherwise liable as provided in section 6(h) of 
Post, p. 350. 
this title, shall be liable for training and service in the Armed Forces 
of the United States: Provided^ That each registrant shall be inmie-
diately liable for classification and examination, and shall, as soon 
as practicable following his registration, be so classified and examined, 
both physically and mentally, in order to determine his availability for 
induction for training and service in the Armed Forces: Provided 
further^ That, notwithstanding any other provision of law, any reg-
istrant who has failed or refused to report for induction shall continue 
to remain liable for induction and when available shall be immediately 
inducted. The President is authorized, from time to time, whether or 
!1 Stat. 100. 
50 u s e app. 
65 Stat. 77. 
50 u s e app. 
70A Stat. 630. 
62 Stat. 607. 
85 STAT. ] 
PUBLIC LAW 92-129-SEPT. 28, 1971 
349 
not a state of war exists, to select and induct into the Armed Forces of 
the United States for training and service in the manner provided 
in this title (including but not limited to selection and induction by 
age group or age groups) such number of persons as may be required 
to provide and maintain the strength of the Armed Forces. 
"At such time as the period of active service in the Armed Forces 
required under this title of persons who have not attained the nine-
teenth anniversary of the day of their birth has been reduced or elimi-
nated pursuant to^the provisions of section 4(k) of this title, and except 80"^^^^ ggg"' 
as otherwise provided in this title, every person who is required to reg- 
so use app. 
ister imder this title and who has not attained the nineteenth anniver- '*^'*' 
sary of the day of his birt,h on therdate such period of active service is 
reduced or eliminated or who is otherwise liable as provided in section 
6(h) of this title, shall be liable for training in the National Security 
^°^'' P- ^SO. 
Training Corps: Provided^ That persons deferred under the provisions 
of section 6 of this title shall not be relieved from liability for induc-
tion into the National Security Training Corps solely by r-eason of 4
5
5
"
^ 
having exceeded the age of nineteen years during the pei-iod of such 
deferment. The President is authorized, from time to time, whether 
or not a state of war exists, to select and induct for training in the 
National Security Training Corps as hereinafter provided such num-
ber of persons as may be required to further the purposes of this title." 
(4) The fourth paragraph of section 4(a) is amended by striking out 
"Secretary of the Treasury" and inserting in lieu thereof "Secretary of 454^ 
Transportation". 
(5) Section 4(b) is amended by striking out "Secretary of the Treas-
ury" each time it appears and inserting in lieu thereof "Secretary of 
Transportation". 
(6) Section 4(d)(1) is amended by striking out "(except a per-
son enlisted under subsection (g) of this section)", 
(7) Section 4(d) (3) is amended by striking out "Secretary of the 
'^^ ^'^'' ^
^
"
^
^ 
Treasury" each time it appears and inserting in lieu thereof "Secre-
tary of Transportation". 
(8) The last proviso of section 5(a) is amended by striking out 
AUens, resi-
"and" at the end of paragraph (1) ; by striking out the period at the Ts'^^st'^t^^ss!'"""** 
end of paragraph (2) and inserting in lieu thereof a semicolon and the §3 stat. 220. 
word "and"; and by adding a new paragraph as follows: 
4
5
^
5
° ^^^ °^^' 
" (3) no local board shall order for induction for training and service 
in the Armed Forces of the L^nited States an alien unless such alien 
shall have resided in the United States for one year." 
(9) Section 5 is further amended by adding at the end thereof the .1"'!"'^"°" limita-
following new subsections: 
"(d) Whenever the President has provided for the selection of per-
sons for training and service in accordance with random selection 
under subsection (a) of this section, calls for induction may be placed 
under such rules and regulations as he may prescribe, notwithstanding 
the provisions of subsection (b) of this section. 
"(e) Notwithstanding any other provision of this Act, not more 
than 130,000 persons may be inducted into the Armed Forces under 
this Act in the fiscal year ending June 30, 1972, and not more than 
140,000 in the fiscal year ending June 30,1973, unless a number greater 
than that authorized in this subsection for such fiscal year or years is 
authorized by a law enacted after the date of enactment of this sub-
section." 
(10) The first sentence of section 6(a) (1) is amended by striking tio^ardlVei^^'ent^' 
out the period and inserting in lieu thereof a colon and the following: ' sTstau^TiT ' 
'•'•PTovided^ That any alien lawfully admitted for permanent residence 
^o use app. 
as defined in paragraph (20) of section 101(a) of the Immigration '*^^* 
and Nationality Act, as amended (66 Stat. 163, 8 U.S.C. 1101), and 
who by reason of occupational status is subject to adjustment to non-
350 
PUBLIC LAW 92-129-SEPT. 28, 1971 
[85 STAT. 
66 Stat. 218. 
8 u s e 1257. 
Ante, 
p. 348. 
Active duty 
requirement. 
81 Stat. 101. 
50 u s e app. 
456. 
69 Stat. 224. 
62 Stat. 609. 
65 Stat. 83; 
69 Stat. 604. 
76 Stat. 167; 
79 Stat. 1318. 
Divinity stu-
dents, deferment. 
Ante, 
p. 348. 
Repeal, 
81 Stat. 102. 
High school 
students, defer 
ment. 
65 Stat. 85. 
College stu-
dents, deferment. 
immig:rant status under paragraph (15) (A), (15) (E), or (15) (G) 
of such section 101(a) but who executes a waiver in accordance with 
section 247(b) of that Act of all rights, privileges, exemptions, and 
immunities which would otherwise accrue to him as a result of that 
occupational status, shall be subject to registration under section 3 of 
this Act, but shall be deferred from induction for training and service 
for so long as such occupational status continues." 
(11) The second sentence of section 6(a) (1) is amended by striking 
out "eighteen" each time it appears and inserting in lieu thereof 
"twelve". 
(12) Section 6(b) (3) is amended by striking out "section 4(i)" and 
inserting in lieu thereof "section 5(a)". 
(13) Section 6(b) (4) is amended by striking out "or section 4(g)". 
(14) Section 6(d)(1) is amended by striking out "Secretary of the 
Treasury" each time it appears and inserting in lieu thereof "Secre-
tary of Transportation"; and by striking out "section 4(d) (3) of this 
Act" each time it appears and inserting in lieu thereof "section 651 
of title 10, United States Code". 
(15) Section 6(d) (5) is amended by striking out "Environmental 
Science Services Administration" each time it appears and inserting in 
lieu thereof "National Oceanic and Atmospheric Administration". 
(16) Section 6(g) is amended to read as follows: 
"(g) (1) Regular or duly ordained ministers of religion, as defined 
in this title, shall be exempt from training and service, but not from 
registration, under this title. 
"(2) Students preparing for the ministry under the direction of 
recognized churches or religious organizations, who are satisfactorily 
pursuing full-time courses of instruction in recognized theological or 
divinity schools, or who are satisfactorily pursuing full-time courses 
of instruction leading to their entrance into recognized theological or 
divinity schools in which they have been preenroUed, shall be deferred 
from training and service, but not from registration, under this 
title. Persons who are or may be deferred under the provisions of this 
subsection shall remain liable for training and service in the Armed 
Forces under the provisions of section 4(a) of this Act until the thirty-
fifth anniversary of the date of their birth. The foregoing sentence 
shall not be construed to prevent the exemption or continued defer-
ment of such persons if otherwise exempted or deferrable under any 
other provision of this Act." 
(17) Section 6(h)(1) is repealed. 
(18) Section 6(h) (2) is amended by striking out the designation 
" (2)" and the word "graduate" from the first sentence. 
(19) Section 6 (i) (1) is amended to read as follows: 
" (1) Any person who is satisfactorily pursuing a full-time course of 
instruction at a high school or similar institution of learning and is 
issued an order for induction shall, upon the facts being presented to 
the local board, have his induction postponed (A) until the time of his 
graduation therefrom, or (B) until he attains the twentieth anniver-
sary of his birth, or (C) until he ceases satisfactorily to pursue such 
course of instruction, whichever is the earliest. Notwithstanding the 
preceding sentence, any person who attains the twentieth anniversary 
of his birth after beginning his last academic year of high school shall 
have his induction postponed until the end of that academic year if 
and so long as he continues to pursue satisfactorily a full-time course 
of instruction." 
(20) Section 6(i)(2) is amended to read as follows: 
"(2) Any person who while satisfactorily pursuing a full-time 
course of instruction at a college, university, or similar institution is 
ordered to report for induction under this title, shall, upon the 
appropriate facts being presented to the local board, have his induction 
postponed (A) until the end of the semester or term, or academic 
85 STAT. ] 
PUBLIC LAW 92-129-SEPT. 28, 1971 
351 
year in the case of his last academic year, or (B) until he ceases satis-
factorily to pursue such course of instruction, whichever is the earlier." 
(21) Section 6 (j) is amended by (A) striking out in the third sen-
tence "local board pursuant to Presidential regulations" and inserting 
in lieu thereof "Director"; and (B) adding at the end of such section 
the following "The Director shall be responsible for finding civilian 
work for persons exempted from training and service under this sub-
section and for the placement of such persons in appropriate civilian 
work contributing to the maintenance of the national health, safety, 
or interest." 
(22) Section 6 (o) is amended to read as follows: 
"(o) Except during the period of a war or a national emergency 
declared by Congress, no person may be inducted for training and 
service under this title unless he volunteers for such induction— 
"(1) if the father or a brother or a sister of such person was 
killed in action or died in line of duty while serving in the Armed 
Forces after December 31, 1959, or died subsequent to such date 
as a result of injuries received or disease incurred in line of duty 
during such service, or 
" (2) during any period of time in which the father or a brother 
or a sister of such person is in a captured or missing status as a 
result of such service. 
As used in this subsection, the term 'brother' or 'sister' means a brother 
of the whole blood or a sister of the whole blood, as the case may be." 
(23) Section 9(j) is amended by striking out "or Treasury" and 
inserting in lieu thereof "or Transportation". 
(24) Section 10(a) (3) is amended to read as follows: 
" (3) The Director shall be appointed by the President, by and with 
the advice and consent of the Senate." 
(25) Section 10(b) (2) is amended by changing the first semicolon 
to a colon and inserting immediately thereafter the following: "Pro-
vided. That no State director shall serve concurrently in an elected or 
appointed position of a State or local government without the approval 
of the Director;". 
(26) Section 10(b) (3) is amended by striking out all down through 
the first period and the succeeding seven sentences, and inserting in 
lieu thereof the following: 
"(3) to create and establish within the Selective Service System 
civilian local boards, civilian appeal boards, and such other civilian 
agencies, including agencies of appeal, as may be necessary to carry out 
its functions with respect to the registration, examination, classifica-
tion, selection, assignment, delivery for induction, and maintenance of 
records of persons registered under this title, together with such other 
duties as may be assigned under this title: Provided^ That no person 
shall be disqualified from serving as a counselor to registrants, includ-
ing service as Government appeal agent, because of his membership in 
a Reserve component of the Armed Forces. He shall create and estab-
lish one or more local boards in each county or political subdivision 
corresponding thereto of each State, territory, and possession of the 
United States, and in the District of Columbia. The local board and/ 
or its staff shall perform their official duties only within the county or 
political subdivision corresponding thereto for which the local board 
is established, or in the case of an intercounty board, within the area 
for which such board is established, except that the staffs of local 
boards in more than one county of a State or comparable jurisdiction 
may be collocated or one staff may serve local boards in more than one 
county of a State or comparable jurisdiction when such action is 
approved by the Governor or comparable executive official or officials. 
Each local board shall consist of three or more members to be appointed 
by the President from recommendations made by the respective Gov-
ernors or comparable executive officials. In making such appointments 
Conscientious 
objectors, 
81 Stat. 104. 
50 u s e app. 
456. 
Induction ex-
emption. 
78 Stat. 296. 
"Brother," 
" s i s t e r . " 
62 Stat. 618} 
64 Stat. 1074. 
50 u s e app. 
459. 
50 u s e app. 
460. 
eivilian local 
boards. 
81 Stat. 104. 
Membership. 
352 
PUBLIC LAW 92-129-SEPT. 28, 1971 
[85 STAT. 
Repeal. 
62 Stat. 618. 
50 u s e app. 
460. 
Selective Serv-
ice System, main-
tenance. 
65 Stat. 87. 
Burial expenses, 
62 Stat. 621. 
50 u s e app. 
461. 
80 Stat. 29. 
81 Stat. 105. 
50 u s e app. 
462. 
after the date of the enactment of the Act enacting this sentence, the 
President is requested to appoint the membership of each local board so 
that to the maximum extent practicable it is proportionately repre-
sentative of the race and national origin of those registrants within its 
jurisdiction, but no action by any local board shall be declared invalid 
on the ground that any board failed to conform to any particular 
quota as to race or national origin. No citizen shall be denied member-
ship on any local board or appeal board on account of sex. After 
December 31, 1971, no person shall serve on any local board or appeal 
board who has attained the age of 65 or who has served on any local 
board or appeal board for a period of more than 20 years. Notwith-
standing any other provision of this paragraph, an intercounty local 
board consisting of at least one member from each component county 
or corresponding subdivision may, with the approval of the Governor 
or comparable executive official or officials, be established for an area 
not exceeding five counties or political subdivisions corresponding 
thereto within a State or comparable jurisdiction when the President 
determines, after considering the public interest involved, that the 
establishment of such local board area will result in a more efficient and 
economical operation. Any such intercounty local board shall have 
within its area the same power and jurisdiction as a local board has in 
its area. A local board may include among its members any citizen 
otherwise qualified under Presidential regulations, provided he is at 
least eighteen years of age. No member of any local board shall be a 
member of the Armed Forces of the United States, but each member 
of any local board shall be a civilian who is a citizen of the United 
States residing in the county or political subdivision corresponding 
thereto in which such local board has jurisdiction, and each inter-
county local board shall have at least one member from each county or 
political subdivision corresponding thereto included within the inter-
county local board area." 
(27) Section 10(e) is repealed. 
(28) Section 10(f) is amended by striking out "$50" and inserting 
in lieu thereof "$500". 
(29) Section 10 is further amended by adding at the end thereof a 
new subsection as follows: 
"(h) If at any time calls under this section for the induction of 
persons for training and service in the Armed Forces are discontinued. 
iDccause the Armed Forces are placed on an all volunteer basis for meet-
ing their active duty manpower needs, the Selective Service System, 
as it is constituted on the date of the enactment of this subsection, 
shall, nevertheless, be m.aintained as an active standby organization, 
with (1) a complete registration and classification structure capable 
of immediate operation in the event of a national emergency, and (2) 
personnel adequate to reinstitute immediately the full operation of 
the System, including military reservists who are trained to operate 
such System and who can be ordered to active duty for such purpose 
in the event of a national emergency." 
(30) Section 11 is amended to read as follows: 
"SEC. 11. Under such rules and regulations as may be prescribed by 
the President, funds available to carry out the provisions of this title 
shall also be available for the payment of actual and reasonable ex-
penses of emergency medical care, including hospitalization, of regis-
trants who suffer illness or injury, and the transportation and burial 
of the I'emains of registrants w4io suffer death, while acting under 
orders issued under the provisions of this title, but such burial ex-
penses shall not exceed the maximum that the Administrator of Vet-
erans' Affairs may pay under the provisions of section 902(a) of title 
38, United States Code, in any one case." 
(31) Section 12 is amended by adding at the end thereof a new 
subsection (d) as follows: 
85 STAT. ] 
PUBLIC LAW 92-129-SEPT. 28, 1971 
353 
"(d) No person shall be prosecuted, tried, or punished for evading, 
neglecting, or refusing to perform the duty of registering imposed by 
section 3 of this title unless the indictment is found within five years 
^"'^' P* ^^S. 
next after the last day before such person attains the age of twenty-six, 
or within five years next after the last day before such person does 
perform his duty to register, whichever shall first occur." 
(32) Section 13(b) is amended by adding at the end thereof the 
^fguu 62^3^' 
following: "Notwithstanding the foregoing sentence, no regulation 
so use app.' 
issued under this Act shall become effective until the expiration of '*^3' 
thirty days following the date on which such regulation has been 
published in the Federal Eegister. After the publication of any 
regulation and prior to the date on which such regulation becomes 
effective, any person shall be given an opportunity to submit his views 
to the Director on such regulation, but no formal hearing shall be 
required on any such regulation. The requirements of this subsection 
may be waived by the President in the case of any regulation if he 
(1) determines that compliance with such requirements would 
materially impair the national defense, and (2) gives public notice to 
that effect at the time such regulation is issued." 
(33) Section 15 (d) is amended to read as follows: 
^^^^ use app. 
"(d) Except as provided in section 4(c), nothing contained in this 
es stat. 78. 
title shall be construed to repeal, amend, or suspend the laws now in ^^so use app 
force authorizing voluntary enlistment or reenlistment in the Armed 
Forces of the United States, including the reserve components thereof, 
except that no person shall be accepted for enlistment after he has been 
issued an order to report for induction unless authorized by the 
Director and the Secretary of Defense and except that, whenever the 
Congress or the President has declared that the national interest is 
imperiled, voluntary enlistment or reenlistment in such forces, and 
their reserve components, may be suspended by the President to such 
extent as he may deem necessary in the interest of national defense." 
(34) Section 16(g)(3) 
is amended by inserting "bona 
fide" 
immediately before "vocation". 
(35) Section 17(c) is amended by striking out "July 1, 1971" and 
insertmg in place thereof "July 1,1973". The amendment made by the 
preceding sentence shall take effect July 2, 1971. 
(36) At the end of the Act add a new section as follows: 
454. 
ii PROCEDURAL RIGHTS 
"SEC. 22. (a) It is hereby declared to be the purpose of this section 
to guarantee to each registrant asserting a claim before a local or 
appeal board, a fair hearing consistent with the informal and 
expeditious processing which is required b}^ selective service cases. 
"(b) Pursuant to such rules and regulations as the President may 
prescribe— 
" (1) Each registrant shall be afforded the opportunity to appear in 
person before the local or any appeal board of the Selective Service 
System to testify and present evidence regarding his status. 
"(2) Subject to reasonable limitations on the number of witnesses 
and the total time allotted to each registrant, each registrant shall 
have the right to present witnesses on his behalf before the local 
board. 
"(3) A quorum of any local board or appeal board shall be present 
during the registrant's personal appearance. 
"(4) In the event of a decision adverse to the claim of a registrant, 
the local or appeal board making such decision shall, upon request, fur-
nish to such registrant a brief written statement of the reasons for its 
decision." 
50 
466. use app. 
Induction au" 
thority, time ex-
tension. 
81 
50 
467. 
64 
50 
471. 
Stat. 
use 
Stat. 
use 
105. 
app. 
318. 
app. 
354 
PUBLIC LAW 92-129-SEPT. 28, 1971 
[85 STAT. 
Savings pro-
Medical needs, 
study. 
Report to Presi-
dent and Con-
gress. 
Surviving son, 
discharge, 
65 Stat. 75; 
81 Stat. 100. 
50 u s e app. 
451. 
(b) Notwithstanding the repeal of section 6(h) (1) of the Military 
Selective Service Act of 1967 made by subsection (a) (17) of this sec-
tion, any person (1) who is satisfactorily pursuing a full-time course 
of instruction at a college, university, or similar institution of higher 
learning, (2) who met the academic requirements of a student defer-
ment prescribed in such section 6(h) (1), and (3) who was satisfac-
torily pursuing such a full-time course prior to the date of enactment 
of this Act and during the 1970-1971 regular academic school year 
shall be deferred from induction for training and service in the Armed 
Forces under the same terms and conditions such person would have 
been deferred under the provisions of such section 6(h) (1) had such 
provision not been repealed. 
(c) The Secretary of Defense and the Secretary of Health, Educa-
tion, and Welfare shall conduct a joint study of practicable means of 
meeting the medical needs of the Armed Forces through means which 
would require less dependence on medical personnel of the Armed 
Forces. In carrying out such study special consideration shall be 
given to the feasibility of providing medical care for military person-
nel and their dependents under contracts with clinics, hospitals, and 
individual members of the medical profession at or near United States 
military installations within and outside the United States. The results 
of such study, together with such recommendations as the Secretary 
of Defense and the Secretary of Health, Education, and Welfare 
deem appropriate, shall be submitted to the President and the Con-
gress not later than six months after the date of enactment of this 
subsection. 
(d) (1) Subject to the provisions of paragraph (2) of this subsection 
any surviving son or sons of a family who (A) were inducted into the 
Armed Forces under the Military Selective Service Act of 1967, (B) 
have not reenlisted or otherwise voluntarily extended their period of 
active duty in the Armed Forces, and (C) are serving on active duty 
with the Armed Forces on or after the date of enactment of this sub-
section, and such son or sons could not, if they were not in the Armed 
Forces, be involuntarily inducted into military service under the Mili-
tary Selective Service Act as a result of the amendment made by para-
graph (22) of subsection (a) of this section, such surviving son or 
sons shall, upon application, be promptly discharged from the Armed 
Forces. 
(2) The provisions of paragraph (1) of this subsection shall not 
apply in the case of any member of the Armed Forces against whom 
court-martial charges are pending, or in the case of any member who 
has been tried and convicted by a court-martial for an offense and 
whose case is being reviewed or appealed, or in the case of any mem-
ber who has been tried and convicted by a court-martial for an offense 
and who is serving a sentence (or otherwise satisfying punishment) 
imposed by such court-martial, until final action (including comple-
tion of any punishment imposed pursuant to such court-martial) has 
been completed with respect to such charges, review, or appeal, or 
until the sentence has been served (or until any other punishment 
imposed has been satisfied), as the case may be. The President shall 
have authority to implement the provisions of this subsection by 
regulations. 
(3) Notwithstanding the amendment made by paragraph (22) of 
subsection (a) of this section, except during the period of a war or a 
national emergency declared by Congress, the sole surviving son of 
any family in which the father or one or more sons or daughters 
thereof were killed in action before January 1, 1960, or died in line 
of duty before January 1, 1960, while serving in the Armed Forces of 
the United States, or died subsequent to such date as a result of 
85 STAT. ] 
PUBLIC LAW 92-129-SEPT. 28, 1971 
355 
injuries received or disease incurred before such date during such 
service shall not be inducted under the Military Selective Service 
Act unless he volunteers for induction, 
^"'®' P* ^'^^' 
SEC. 102. Section 1 of the Act of August 3, 1950, chapter 53T, as si stat. IDS. 
amended (10 U.S.C. 3201 note), is amended by striking out "July 1, 
1971" and inserting in place thereof "July 1,1973". 
SEC. 103. Section 9 of the Act of June 27,1957, Public Law 85-62, as 
amended (81 Stat. 105), is amended by striking out "July 1,1971" and ^/^^J^^ ^^^' 
inserting in place thereof "July 1, 1973". 
SEC. 104. Sections 302 and 303 of title 37, United States Code, are 
each amended by striking out "July 1, 1971" whenever that date ap-
pears and inserting in place thereof "July 1,1973". 
SEC. 105. Section 16 of the Dependents Assistance Act of 1950 (50 
App. U.S.C. 2216) is amended by striking out "July 1, 1971" and 
inserting in place thereof "July 1,1973". 
SEC. 106. Unless prohibited by treaty, no person shall be discrimi-
nated against by the Department of Defense or by any officer or em-
ployee thereof, in the employment of civilian personnel at any facility 
or installation operated by the Department of Defense in any foreign 
country because such person is a citizen of the United States or is a 
dependent of a member of the Armed Forces of the LTnited States. As . ''^f.^V'*^ °'' 
1 • 
1 • 
j_' 
j i 
J 
{.LP 
'^• 
• 
j_ n 
• 
i
l
l 
1 
installation ope 
used m this section, the term lacility or installation operated by the ated by the De-
Department of Defense" shall include, but shall not be limited to, any De7^^s"*'°^ 
officer's club, non-commissioned officers' club, post exchange, or com-
missary store. 
TITLE II—PxVY INCREASE FOR UNIFORMED 
SERVICES; SPECIAL PAY 
SEC. 201. Section 203(a) of title 37, United States Code, is amended 
^^ ^^at. 649. 
to read as follows: 
" (a) The rates of monthly basic pay for members of the uniformed 
services within each pay grade are set forth in the following tables: 
"Commissioned Officers 
Nondiscrimina-
tion. 
"Pay grade 
O-10> 
0-9 
-
0-8 
- 
--
0-7 
-
0-6 
-
0-5 
0-4 
0-32 
_ 
0-22 
0-12 
2 or less 
$2,111.40 
1,871.40 
1,695.00 
1,408.20 
1,043.70 
834.60 
704.10 
654.30 
570.30 
495.00 
Years of service computed under 
Over 2 
$2,185.80 
1,920.60 
1,745.70 
1, 504.20 
1,147. 20 
980. 70 
856. 50 
731.10 
622.80 
515.40 
Over 3 
$2,185.80 
1,961.70 
1,787.40 
1, 504. 20 
1,221.90 
1,047.90 
914.40 
781. 20 
748. 20 
622.80 
section 205 
Over 4 
$2,185.80 
1,961.70 
1, 787.40 
1, 504.20 
1,221.90 
1,047.90 
914.40 
864.90 
773.10 
622.80 
Over 6 
$2,185.80 
1,961.70 
1, 787. 40 
1,571.10 
1,221.90 
1,047.90 
930.60 
906.00 
789. 30 
622.80 
"Pay grade 
O-lOi 
0-9 
- 
--
0-8 
0-7.... 
0-6 
0-5 
0-4 
0-32 
0-22. 
0-12 
Overs 
$2,269.50 
2,011.20 
1,920.60 
1,571.10 
1,221.90 
1,047.90 
972.30 
938.70 
789.30 
622.80 
Years of service computed under section 205 
Over 10 
$2,269.50 
2,011.20 
1,920.60 
1,662.60 
1,221.90 
1,080.30 
1,038.30 
989.10 
789.30 
622.80 
Over 12 
$2,443. 50 
2 094.60 
2,011.20 
1,662.60 
1,221.90 
1,137.90 
1,097.10 
1,038.30 
789.30 
622.80 
Over 14 
$2,443.50 
2,094.60 
2,011.20 
1,745.70 
1,263.30 
1,213.80 
1,147.20 
1,063.80 
789.30 
622.80 
Over 16 
$2,618.40 
2,269.50 
2,094.60 
1,920.60 
1,463.10 
1,304.70 
1,197.00 
1,063.80 
789.30 
622.80 
75-432 O - 72 - 25 
356 
PUBLIC LAW 92-129-SEPT. 28, 1971 
[85 STAT. 
"COMMISSIONED OFFICERS—Continued 
Yeats of service computed under section 205 
$2, 793. 30 
2, 443. 50 
2, 269.50 
2,052.60 
1,571.10 
1,421.10 
1, 230. 30 
1, 063. 80 
789. 30 
622.80 
$2, 793. 30 
2, 443. 50 
2, 361. 00 
2, 052.60 
1,662.60 
1, 471. 20 
1, 230.30 
1, 063.80 
789. 30 
622.80 
$2,967.60 
2,618.40 
2, 361. 00 
2,052.60 
1, 803. 30 
1,471.20 
1, 230. 30 
1, 063. 80 
789. 30 
622.80 
$2,967.60 
2,618.40 
2,361.00 
2,052.60 
1, 803. 30 
1, 471. 20 
1,230.30 
1, 063.80 
789.30 
622.80 
"Pay grade 
Over 18 
Over 20 
Over 22 
Over 26 
Over 30 
0-101 
_... 
$2,618.40 
0-9... 
2,269.50 
0-8. 
2,185.80 
0-7 
2,052.60 
0-6 
1,537.80 
0-5 
- 
1,379.70 
0-4 
1,230.30 
0-3 2 
1,063.80 
0-2 2 
789.30 
0-12 
622.80 
" ' While serving as Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief 
of Staff of the Air Force, or Commandant of the Marine Corps, basic pay for this grade is $3,000 regardless of cumulaUv3 
years of service computed under section 205 of this title. 
"2 Does not apply to commissioned officers w/ho have been credited with over 4 years' active service as enlisted members. 
"COMMISSIONED OFFICERS WHO HAVE BEEN CREDITED WITH OVER 4 YEARS' ACTIVE SERVICE AS ENLISTED 
MEMBERS 
Years of service computed under section 205 
"Pay grade 
Over 4 
Over 6 
Over 8 
Over 10 
Over 12 
Over 14 
0-3 
$864.90 
$906.00 
$938.70 
$989.10 
$1,038.30 
$1,080.30 
0-2. 
773.10 
789.30 
814.20 
856.50 
889.80 
914.40 
0-1 
622.80 
665.10 
690.00 
714.60 
739.80 
773.10 
Years of service computed under section 205 
"Pay grade 
Over 16 
Over 18 
Over 20 
Over 22 
Over 26 
Over 30 
0-3.. 
0 - 2 . . 
0 - 1 . . 
$1,080.30 
914.40 
773.10 
$1,080.30 
$1,080.30 
$1,080.30 
$1,080.30 
914.40 
914.40 
914.40 
914.40 
773.10 
773.10 
773.10 
773.10 
$1, 080. 30 
914.40 
773.10 
"WARRANT 0FFICE:^S 
"Pay grade 
Years of service computed under section 205 
2 or less 
Over 2 
Over 3 
Over 4 
Over 6 
W-4 
$666.30 
$714.60 
$714.60 
$731.10 
$764.40 
W-3 
605.70 
657.00 
657.00 
665.10 
673.20 
W-2... 
530.40 
573.60 
573.60 
590.40 
622.80 
W-1 
.- 
441.90 
507.00 
507.00 
549.00 
573.60 
Years of service computed under section 205 
"Pay grade 
Over 8 
Over 10 
Over 12 
Over 14 
Over 16 
W-4 
$798.00 
$831.00 
$889.80 
$930.60 
$963.90 
W-3 
722.40 
764.40 
789.30 
814.20 
838.80 
W-2 
657.00 
681.90 
706.50 
731.10 
756.60 
W-1 
598.50 
^22.80 
648.30 
673.20 
698.10 
Years of service computed under section 205 
"Pay grade 
Over 18 
Over 20 
Over 22 
Over 26 
Over 30 
W-4 
$989.10 
$1,022.10 
$1,056.00 
$1,137.90 
$1,137.90 
W-3 
864.90 
897.90 
930.60 
963.90 
963.90 
W-2 
781.20 
806.10 
838-80 
838.80 
838.80 
W-1 
722.40 
748.20 
748.20 
748.20 
748.20 
85 STAT. ] 
PUBLIC LAW 92-129-SEPT. 28, 1971 
357 
"ENLISTED MEMBERS 
Years of service computed utxler section 205 
"Pay grade 
2 or less 
Over 2 
Over 3 
Over 4 
Over 6 
E-9I 
E-8 
-
E-7 
$443.40 
$478.50 
$496.20 
$513.60 
$531.30 
E-6 
382.80 
417.90 
435.00 
453.00 
470.40 
E-5 
336.30 
366.00 
383.70 
400.50 
426.60 
E-4 
323.40 
341.40 
361.20 
389.40 
405.00 
E-3 
311.10 
328.20 
341.10 
354.60 
354.60 
E-2 
299.10 
299.10 
299.10 
299.10 
299.10 
E-1 
268.50 
268.50 
268.50 
268.50 
268.50 
"Pay grade 
E-91 
E-8 
E-7 
E-6 
E-5 
E-4 
E-3 
E-2..... 
E l 
Over 8 
$635.10 
548.10 
487.50 
444.00 
405.00 
354.60 
299.10 
268.50 
Years of service computed under section 205 
Over 10 
$756.90 
652.80 
565.50 
505.20 
461.70 
405.00 
354.60 
299.10 
268.50 
Over 12 
$774.30 
670.20 
583.50 
531.30 
478.50 
405.00 
354.60 
299.10 
268.50 
Over 14 
$792.00 
687.90 
609.60 
548.10 
487.50 
405.00 
354.60 
299.10 
268.50 
Over 16 
$809.70 
705.30 
626.70 
565.50 
487.50 
405.00 
354.60 
299.10 
268.50 
"Pay grade 
E-9» 
E-8 
E-7 
E-6 
E-5 
E-4 
E-3 
E-2 
E-1 
Over 18 
$827.70 
722.10 
644.10 
574.50 
487.50 
405.00 
354.60 
299.10 
268.50 
Years of service computed under section 205 
Over 20 
$843.90 
740.10 
652.80 
574.50 
487.50 
405.00 
354.60 
299.10 
268. 50 
Over 22 
$888.60 
783.60 
696.60 
574.50 
487.50 
405.00 
354.60 
299.10 
268.50 
Over 26 
$975.00 
870.90 
783.60 
574. 50 
487.50 
405.00 
354.60 
299.10 
268.50 
Over 30 
$975.00 
870.90 
783.60 
574. 50 
487.50 
405.00 
354.60 
299.10 
268. 50 
"1 While serving as Sergeant Major of the Army, Master Chief Petty Officer of the Navy, Chief Master Sergeant of the 
Air Force, or Sergeant Major of the Marine Corps, basic pay for this grade is $1,185 regardless of cumulative years of 
service computed under section 205 of this title. 
SEC. 202. (a) Chapter 5 of title 37, United States Code, is amended 
76 stat. 461, 
by adding after section 302 a new section as follows: 
^^ "^^ ^°^' 
"§ 302a. Special pay: optometrists 
"(a) In addition to any other basic pay, special pay, incentive pay, 
or allowances to which he is entitled, each of the following officers is 
entitled to special pay at the rate of $100 a month for each month of 
active duty: 
"(1) a commissioned officer-^ 
"(A) of the Regular Army or the Regular Navy who is 
designated as an optometry officer; 
"(B) of the Regular Air Force who is designated as an 
optometry officer; or 
"(C) who is an optometry officer of the Regular Corps of 
the Public Health Service; 
who was on active duty on the effective date of this section; who 
retired before that date and was ordered to active duty after that 
date and before July 1, 1973; or who was designated as such an 
officer after the effective date of this section and before Julv 1, 
1973; 
"(2) a commissioned officer— 
"(A) of a reserve component of the Army or Navy who is 
designated as an optometry officer; 
358 
PUBLIC LAW 92-129-SEPT. 28, 1971 
[85 STAT. 
"(B) of a reserve component of the Air Force who is desig-
nated as an optometry officer; or 
"(C) who is an optometry officer of the Eeserve Corps of 
the Public Health Service; 
who was on active duty on the effective date of this section as 
a result of a call or order to active duty for a period of at least 
one year; or who, after that date and before July 1, 1973, is 
called or ordered to active duty for such a period; and 
"(3) a general officer of the Army or the Air Force appointed, 
from any of the categories named in clause (1) or (2), in the 
Army, the Air Force, or the National Guard, as the case may be, 
who was on active duty on the effective date of this section; who 
was retired before that date and was ordered to active duty after 
that date and before July 1,1973; or who, after the effective date 
of this section, was appointed from any of those categories. 
"(b) The amount set forth in subsection (a) of this section may not 
be included in computing the amount of an increase in pay authorized 
by any other provision of this title or in computing retired pay or 
severance pay." 
(b) The table of sections at the beginning of chapter 5 of such title 
is amended by inserting 
"302a. Special pay: optometrists." 
immediately below 
"302. Special pay: physicians and dentists." 
76 Stat. 461. 
SEC. 203. (a) Chapter 5 of title 37, United States Code, is amended 
by adding after section 308 a new section as follows: 
"§308a. Special pay: enlistment bonus 
7
0
A Stat. 19. 
"(a) Notwithstanding section 514(a) of title 10 or any other provi-
sion of law, a person who enlists in any combat element of an armed 
force for a period of at least three years, or who extends his initial 
period of active duty in a combat element of an armed force to a total 
of at least three years, may, under regulations to be prescribed by the 
Secretary of Defense, be paid a bonus in an amount prescribed by the 
Secretary, but not more than $3,000. The bonus may be paid in a lump 
sum or in equal periodic installments, as determined by the Secretary. 
"(b) Under regulations approved by the Secretary of Defense, a 
person who voluntarily, or because of his misconduct^ does not com-
plete the term of enlistment for which a bonus was paid to him under 
this section shall refund that percentage of the bonus that the unex-
pired part of his enlistment is of the total enlistment period for which 
the bonus was paid. 
"(c) No bonus shall be paid under this section with respect to any 
enlistment or extension of an initial period of active duty in the armed 
forces made after June 30,1973." 
(b) The table of sections at the beginning of chapter 5 of such title is 
amended by inserting 
"308a. Special pay: enlistment bonus." 
immediately below 
"308. Special pay: reenlistment bonus." 
Quarters allow- 
gj,^. 204. Scctlou 403(a) of title 37, United States Code, is amended 
8"stat. 1122. 
to read as follows: 
" (a) Except as otherwise provided by this section or by another law, 
a member of a uniformed service who is entitled to basic pay is entitled 
to a basic allowance for quarters at the following monthly rates 
according to the pay grade m which he is assigned or distributed for 
basic pay purposes: 
ance 
85 STAT. ] 
PUBLIC LAW 92-129-SEPT. 28, 1971 
359 
"Pay grade 
Without 
dependents 
With 
dependents 
0-10 
- 
..- 
$230.40 
$288.00 
0-9 
230.40 
288.00 
0-«... 
230.40 
288.00 
0-7 
230.40 
288.00 
0-6 
211.80 
258.30 
0-5 
198.30 
238.80 
0-4 
178.80 
215.40 
0-3 
158.40 
195.60 
0-2 
138.60 
175.80 
0-1 
108.90 
141.60 
W-4 
172.50 
207.90 
W-3 
155.40 
191.70 
W-2 
137.10 
173.70 
W-1... 
123.90 
160.80 
E-9 
130.80 
184.20 
E-8... 
122.10 
172.20 
E-7 
104.70 
161.40 
E-6... 
95.70 
150.03 
E-5 
92.70 
138.60 
E-4 
(over 
4 
years' 
service). 
, 
81.60 
121.50 
E-4 
(4 
years' 
or 
less 
service) 
45.00 
45.00 
E-3 
45.00 
45.00 
E-2 
.- 
45.00 
45.00 
E-1... 
45.00 
45.00 
A member in pay grade E-4 (less than four years' service), E-3, E-2, 
or E-1 is considered at all times to be without dependents." 
SEC. 205. (a) Chapter 7 of title 37, United States Code, is amended 
by adding at the end thereof a new section as follows: 
"§ 428. Allowance for recruiting expenses 
"In addition to other pay or allowances authorized by law, and un-
der uniform regulations prescribed by the Secretaries concerned, a 
member who is assigned to recruiting duties for his armed force may 
be reimbursed for actual and necessary expenses incurred in connec-
tion with those duties." 
(b) The table of sections at the beginning of chapter 7 of such title 
is amended by adding at the end thereof the following new item: 
"428. Allowance for recruiting expenses." 
SEC. 206. Section 3 of the Dependents Assistance Act of 1950 (50 
App. U.S.C. 2203) is amended to read as follows: 
"SEC. 3. For the duration of this Act, section 403(a) of title 37, 
L'nited States Code, is amended by striking out that part of the table 
which prescribes monthly basic allowances for quarters for enlisted 
members in pay grades E-1, E-2, E-3, and E-4 (four years' or less 
service) and inserting in lieu thereof the following: 
••E-4 (four years' or less service) 
,$81.60 
$121.50 
E-3 
72.30 
105.00 
E-2 
63.90 
105.00 
E-1 
60.00 
105.00" 
SEC. 207. Section 4 of the Dejjendents Assistance Act of 1950 (50 
App. U.S.C. 2204) is amended by inserting immediately before ": Pro-
vided further''' the following: "; or (7) for the calendar months in 
which such member serves on active duty for training (including full-
time duty performed by members of the Army or Air National Guard 
for which they receive pay from the United States in accordance with 
section 204 of title 37, United States Code) if that training is for a 
period of 30 days or more". 
SEC. 208. Section 7 of the Dependents Assistance Act of 1950 (50 
App. U.S.C. 2207) is amended by striking out "to enlisted members on 
active duty for training under section 262 of the Armed Forces Reserve 
Act of 1952, as amended (50 U.S.C. 1013), or any other enlistment pro-
gram that requires an initial period of active duty for training,". 
SEC. 209. The foregoing provisions of this title shall become effective 
76 Stat. 469. 
37 u s e 401. 
Quarters allow-
ance, 
81 Stat. 654. 
Ante, p. 358. 
76 Stat. 496. 
76 Stat. 457. 
76 Stat. 153. 
Effective dates. 
360 
PUBLIC LAW 92.129-SEPT. 28, 1971 
[85 STAT. 
on October 1, 1971, except that section 203 shall become effective on 
such date as shall be prescribed by the Secretary of Defense, but not 
earlier than February 1, 1971, and section 206 shall become effective 
July 1,1971. 
SEC. 210. The enactment of this title shall not reduce the pay to 
which any member of the uniformed services was entitled on June 30, 
1971. 
rfsTona\°cor- 
^^^' ^^^- ^^^ later thau June 30, 1972, the Secretary of Defense 
mutees?^ ""^ 
shall rcport to the Chairmen of the Armed Services Committees of the 
Senate and of the House of Representatives on the effectiveness of the 
provisions of this title in increasing the number of volunteers enlisting 
for active duty in the Armed Forces of the United States. 
TITLE III—ACTIVE 
DUTY STRENGTH 
LEVELS FOR FISCAL YEAR 1972 
SEC. 301. For the fiscal year beginning July 1, 1971, and ending 
June 30, 1972, each of the following armed forces is authorized an 
average active duty personnel strength as follows: 
(1) the Army, 974,309; 
(2) the Navy, 613,619; 
(3) the Marine Corps, 209,846; and 
(4) the Air Force, 755,635; 
except that such ceilings shall not include members of the Ready 
Reserve of any armed force ordered to active duty under the provi-
7
0
A Stat. 28; 
sions of scction 673 of title 10, United States Code, members of the 
72 Stat. 1441. 
Army National Guard, or members of the Air National Guard called 
into Federal service under section 3500 or 8500, as the case may be, 
525°"^ ^*^*' ^^^' 
of title 10, United States Code, or members of the militia of any State 
called into Federal service under chapter 15 of title 10, United States 
R°e"orfto^con- 
^ode. Whenever one or more units of the Ready Reserve are ordered 
gres^r.°'^ ° °"" 
to active duty after the date of enactment of this section, the Presi-
dent shall, beginning with the second fiscal ^y^ear quarter immediately 
following the quarter in which the first unit or units are ordered to 
active duty and on the first day of each succeeding six-month period 
thereafter, so long as any such unit is retained on active duty, submit 
a report to the Congress regarding the nece^ty for such unit or units 
being ordered to active duty. The President shall include in each 
such report a statement of the mission of each such unit ordered to 
active duty, an evaluation of such unit's performance of that mission, 
where each such unit is being deployed at the time of the report, and 
such other information regarding each such unit as the President 
deems appropriate. 
TITLE IV—TERMINATION OF HOSTILITIES 
IN INDOCHINA 
SEC. 401. It is hereby declared to be the sense of Congress that the 
United States terminate at the earliest practicable date all military 
operations of the United States in Indochina, and provide for the 
prompt and orderly withdrawal of all United States military forces 
at a date certain subject to the release of all American prisoners of 
war held by the Government of North Vietnam and forces allied 
with such Government, and an accounting for all Americans missing 
in action who have been held by or known to such Government or 
such forces. The Congress hereby urges and requests the President to 
implement the above expressed policy by initiating immediately the 
following actions: 
85 STAT. ] 
PUBLIC LAW 92-129-SEPT. 28, 1971 
361 
(1) Negotiate with, the Government of North Vietnam for an 
immediate cease-fire by all parties to the hostilities in Indochina. 
(2) Negotiate with the Government of North Vietnam for the 
establishing of a final date for the withdrawal from Indochina 
of all military forces of the United States contingent upon the 
release at a date certain of all American prisoners of war held 
by the Government of North Vietnam and forces allied with such 
Government. 
(3) Negotiate with the Government of North Vietnam for an 
agreement which would provide for a series of phased and rapid 
withdrawals of United States military forces from Indochina 
subject to a corresponding series of phased releases of American 
prisoners of war, and for the release of any remaining American 
prisoners of war concurrently with the withdrawal of all re-
maining military forces of the United States by not later than the 
date established pursuant to paragraph (2) hereof. 
TITLE 
V—IDENTIFICATION 
AND 
TREATMENT 
OF 
DRUG 
AND 
ALCOHOL 
DEPENDENT 
PERSONS 
IN 
THE 
ARMED 
FORCES 
SEC. 501. (a) The Secretary of Defense shall prescribe and imple-
ment procedures, utilizing all practical available methods, and provide 
necessary facilities to (1) identify, treat, and rehabilitate members of 
the Armed Forces w^ho are drug or alcohol dependent persons, and (2) 
identify those individuals examined at Armed Forces examining and 
entrance stations who are drug or alcohol dependent persons. Those 
individuals found to be drug or alcohol dependent persons under 
clause (2) of the preceding sentence shall be refused entrance into the 
Armed Forces and referred to civilian treatment facilities. 
(b) The Secretary of Defense shall report to Congress within 60 
days after the date of the enactment of this Act with respect to (1) 
the plans and programs which have been initiated to carry out the 
purposes of subsection (a) of this section, and (2) such recommenda-
tions for additional legislative action as he deems necessary to combat 
etfectively drug and alcohol dependence in the Armed Forces and to 
treat and rehabilitate effectively any member found to be a drug or 
alcohol dependent person. 
TITLE 
VI—APPOINTMENT 
OF 
CERTAIN 
REGULAR, 
TEMPORARY, AND RESERVE OFFICERS TO BE MADE 
SUBJECT TO T H E ADVICE AND CONSENT OF 
T H E 
SENATE 
SEC. 601. Section 593(a) of title 10, United States Code, is amended 
to read as follows: 
" (a) Appointments of Reserves in commissioned grades below lieu-
tenant colonel and commander, except commissioned warrant officer, 
shall be made by the President alone. Appointments of Reserves in 
commissioned grades above major and lieutenant commander shall be 
made by the President, by and with the advice and consent of the 
Senate, except as provided in section 3352 or 8352 of this title." 
SEC. 602. Section 3447(b) of title 10, United States Code, is amended 
to read as follows: 
"(b) Temporary appointments of commissioned officers in the Reg-
ular Army shall be made by the President alone in grades below lieu-
tenant colonel and by the President, by and with the advice and 
Report to Con-
gress, 
Reserve officers. 
70A Stat. 25. 
Army. 
70A Stat. 196. 
362 
PUBLIC LAW 92-129-SEPT. 28, 1971 
[85 STAT 
Navy; Marine 
Corps. 
70A Stat, 330. 
72 Stat. 1507. 
Air Force. 
70A Stat. 523. 
Coast Guard. 
77 Stat. 182. 
Report to Con-
gress, extension. 
84 Stat. 913. 
10 u s e 133 
note. 
consent of the Senate, in grades of lieutenant colonel and above. Tem-
porary appointments of commissioned officers in the reserve compo-
nents of the Army shall be made by the President alone in grades 
below lieutenant colonel and by the President, by and with the advice 
and consent of the Senate, in grades above major." 
SEC. 603. (a) The second sentence of section 5597(e) of title 10, 
United States Code, is amended to read as follows: "Such appoint-
ments shall be made by the President alone, except that appointments 
under subsections (f) and (g) in grades above lieutenant commander 
in the Navy shall be made by the President, by and with the advice 
and consent of the Senate." 
(b) The second sentence of section 5787(e) of such title is amended 
to read as follows: "Each such appointment to a grade above lieu-
tenant commander in the Navy or to a grade above major in the 
Marine Corps shall be made by the President, by and with the advice 
and consent of the Senate." 
(c) The first sentence of section 5791(b) of such title is amended 
to read as follows: "Permanent and temporary appointments under 
this chapter in a grade above lieutenant commander in the Naval 
Reserve and in a grade above major in the Marine Corps Reserve 
shall be made by the President, by and with the advice and consent of 
the Senate." 
(d) The first sentence of section 5912 of such title is amended to 
read as follows: "Permanent and temporary appointments under this 
chapter in grades above lieutenant commander in the Naval Reserve 
and in grades above major in the Marine Corps Reserve shall be made 
by the President, by and with the advice and consent of the Senate." 
SEC. G04. Section 8447 (b) of title 10, United States Code, is amended 
to read as follows: 
"(b) Temporary appointments of commissioned officers in the Reg-
ular Air Force shall be made by the President alone in grades below 
lieutenant colonel and by the President, by and with the advice and 
consent of the Senate, in grades of lieutenant colonel and above. Tem-
porary appointments of commissioned officers in the reserve compo-
nents of the Air Force shall be made by the President alone in grades 
below lieutenant colonel and by the President, by and with the advice 
and consent of the Senate, in grades above major." 
SEC. 605. Section 275(f) of title 14, United States Code, is amended 
by inserting the following sentence after the second sentence: "An 
appointment under this section to a grade above lieutenant commander 
of an officer in the Coast Guard Reserve shall be made by the President, 
by and with the advice and consent of the Senate." 
TITLE VII—MISCELLANEOUS PROVISIONS 
SEC. 701. Section 412(d) (2) of Public Law 86-149, as amended, is 
amended by (1) striking out "the President" and substituting in lieu 
thereof "the Secretary of Defense", (2*) striking out "January 31" and 
substituting in lieu thereof "March 1", and (3) adding at the end 
thereof the following: "Such justification and explanation shall spec-
ify in detail for all forces, including each land force division, carrier 
and other major combatant vessel, air wing, and other comparable unit: 
(A) the unit mission and capability, (B) the strategy which the unit 
supports, and (C) the area oi deployment and illustrative areas of po-
tential deployment, including a description of any United States com-
mitment to defend such areas. Such justification and explanation 
shall also include a detailed discussion of the manpower required for 
support and overhead functions within the Armed Services." 
Approved September 28, 1971,