An Act to amend titles 10, 14, 32, and 37, United States Code, to strengthen the Reserve components of the Armed Forces, and clarify the status of National Guard technicians, and for other purposes
PL 90-168 (H.R.2), enacted 12/01/1967

81 STAT.] 
PUBLIC LAW 90-168-DEC. 1, 1%7 
52] 
Public Law 90-168 
^^ 
ACT 
December 1, 1967 
To amend titles 10, 32, and 37, United States Code, to strengthen the reserve 
[H.R. 2] 
components of the armed forces, and for other purposes. 
Be H enacted hy the Senate and House of Representatives 
of fJu 
United States 
of America 
in Congress assembled^ That this ^.ct ^.^j^®^'^^ j^^"""^^^ 
may be cited as the "Resen^e Forces Bill of Rights and Vitalization vuai°zati'<fn Act" 
Act". 
SEC. 2. Title 10, United States Code, is amended as follows: 
(1) Section 136(b) is amended by inserting below the first sentence taf ^of^Deflns^e'''^" 
the following: "One of the Assistant Secretaries shall be the xlssistant for Manpower and 
Secretary of Defense for Manpower and Reserve Affairs. He shall ^ ^g^g^^ Affairs. 
have as his principal duty the overall supervision of manpower and 
reserve component affairs of the Department of Defense." 
(2) Section 136 is amended by adding at the end thereof a new 
subsection as follows: 
"(f) Within the Office of the Assistant Secretary of Defense for 
Manpower and Reserve Affairs there shall be a Deputy Assistant 
Secretary of Defense for Reserve Affairs who shall be appointed from 
civilian life by the President, by and with the advice and consent of 
the Senate. Subject to the supervision and control of the Assistant 
Secretary of Defense for Manpow^er and Reserve Affairs, the Deputy 
Assistant Secretary shall be responsible for all matters relating to 
reserve affairs within the Office of the Assistant Secretary of Defense 
for Manpower and Reserve Affairs." 
(3) Section 175 (a) (2) is amended to read as follows: 
^^nlyZlatT''^^ 
"(2) the Assistant Secretary of the Army for Manpower and 
70A stat. 9. 
Reserve Affairs, the Assistant Secretary of the Navy for Man-
power and Reserve Affairs, and the Assistant Secretary of the 
Air Force for Manpower and Reserve Affairs;". 
(4) Section 175 is amended by striking out subsections (b), (c), 
(d), and (e), and inserting in lieu thereof the following: 
"(b) Whenever the Coast Guard is not operating as a service in 
the Navy, the Secretary of Transportation may designate an officer 
of the Regular Coast Guard or the Coast Guard Reserve to serve as a 
voting member of the Board. 
"(c) The Board, acting through the Assistant Secretary of Defense 
for Manpower and Reserve Affairs is the principal policy adviser to 
the Secretary of Defense on matters relating to the reserve components. 
"(d) This section does not affect the committees on reserve policies 
prescribed by section 3033, 5251, 5252, or 8033 of this title. 
70A°s!'at^'295l' 
"(e) A member of a committee or board prescribed under a section Post, p. 525.' 
listed in subsection (d) may, if otherwise eligible, be a member of 
the Reserve Forces Policy Board. 
"(f) The Board shall act on those matters referred to it by the 
Chairman and, in addition, on any matter raised by a member of the 
Board." 
(5) Section 262 is amended by striking out "the reserve components" 
7OA stat. to. 
and inserting "each reserve component" in place thereof. 
(6) Section 264 is amended to read as follows: 
"§264. Reserve affairs: designation of general or flag officer of 
each military department; personnel and logistic sup-
port for reserves; reports to Congress 
" (a) The Secretary concerned may designate a general or fla^ officer 
of the armed force under his jurisdiction to be directly responsible for 
reserve affairs to the Chief of Staff of the Army, the Chief of Naval 
Operations, the Chief of Staff of the Air Force, the Commandant of 
70A Stat. 11. 
s ^ 
PUBLIC LAW 90-168-DEC. 1, 1967 
[81 STAT. 
Report to con-
gressional Com-
mittees. 
70A Stat. 10. 
Selected Re-
serve. 
70A Stat. 12; 
72 Stat. 1437. 
70A Stat. 10. 
Post, 
p. 523. 
70A Stat. 610. 
70A Stat. 12; 
72 Stat. 1437. 
the Marine Corps, or the Commandant of the Coast Guard, as the case 
may be. This subsection does not affect the functions of the Chief of 
the National Guard Bureau, the Chief, Office of Army Reserve, or the 
Chief, Office of Air Force Reserve. 
"(b) The Secretary concerned is responsible for providing the per-
sonnel, equipment, facilities, and other general logistic support neces-
sary to enable units and Reserves in the Ready Reserve of the Reserve 
components under his jurisdiction to satisfy the training requirements 
and mobilization readiness requirements for those units and Reserves 
as recommended by the Secretary concerned and by the Joint Chiefs of 
Staff and approved by the Secretary of Defense, and as recommended 
by the Commandant of the Coast Guard and approved by the Secre-
tary of Transportation when the Coast Guard is not operated as a 
service of the Navy. 
"(c) The Secretary concerned shall submit a written report to the 
Committees on Armed Services of the Senate and the House of Repre-
sentatives each year regarding the extent to which units and Reserves 
in the Ready Reserve of the Reserve components under his jurisdiction 
have satisfied the training and mobilization readiness requirements 
pursuant to subsection (b) of this section for the year with respect to 
which such report was submitted. Reports under this subsection shall 
be made on a fiscal year basis and the report for any fiscal year shall be 
submitted within 60 days after the end of the fiscal year for which it 
is submitted.*' 
(7) The section analysis at the beginning of chapter 11 is amended 
by striking out 
"2M. Reserve affairs: responsibility for.". 
and inserting in lieu thereof 
"264. Reserve affairs: designation of general or flag officers of eacli military 
department; personnel and logistic support for reserves; reports to 
Congress.". 
(8) Section 268 is amended by inserting the designation " ( a ) " at 
the beginning thereof and by adding the following new subsections: 
"(b) Within the Ready Reserve of each of the Reserve compo-
nents defined in section 261 of this title, there is a Selected Reserve, 
consisting of units, and, as designated by the Secretary concerned, 
of Reserves, trained as prescribed in section 270(a) (1) of this title or 
section 502(a) of title 32, United States Code, as appropriate. 
"(c) The organization and unit structure of the Selected Reserve 
shall be approved— 
"(1) in the case of the Coast Guard Reserve, by the Secretary 
of Transportation upon the recommendation of the Comman-
dant of the Coast Guard, and 
"(2) in the case of all other Reserve components, by the 
Secretary of Defense based upon recommendations from the 
military departments as approved by the Joint Chiefs of Staff 
in accordance with contingency and war plans." 
(9) Section 269(e) (l)-(6) is amended to read as follows: 
"(1) he served on active duty (other than for training) in the 
armed forces for an aggregate of at least five years; or 
"(2) he served on active duty (other than for training) in 
the armed forces for an aggregate of less than five years, but satis-
factorily participated, as determined by the Secretary concerned, 
in an accredited training program in the Ready Reserve for a 
period which, when added to his period of active duty (other than 
for training), totals at least five years, or such shorter period as 
the Secretary concerned, with the approval of the Secretary of 
Defense in the case of a Secretary of a military department, may 
81 STAT.] 
PUBLIC LAW 90-168-DEC. 1, 1967 
523 
prescribe for satisfactory participation in an accredited training 
program designated by the Secretary concerned." 
(10) Section 270(a) (1) is amended to read as follows: 
72 stat. i438. 
"(1) participate in at least 48 scheduled drills or training 
periods during each year and serve on active duty for training of 
not less than 14 days (exclusive of traveltime) during each year;". 
(11) Section 511 (d) is amended to read as follows: 
n stat. 135. 
"(d) Under regulations to be prescribed by the Secretaiy of Defense, 
or the Secretary of Transportation with respect to the Coast Guard 
when it is not operating as a service in the Navy, a non-prior-service 
person who is under 26 years of age, who is qualified for induction 
for active duty in an armed force, and who is not under orders to 
report for induction into an armed force under the Military Selective 
Ser\'ice Act of 1967 (50 App. U.S.C. 451-473), except as provided in 
62 stat. 604; 
section 6(c) (2) (A) (ii) and (iii) of such Act, may be enlisted in the ^^Antl', J.^100. 
Army National Guard or the Air National Guard, or as a Reserve for 
service in the Army Reserve, Naval Reserve, Air Force Reserve, Marine 
Corps Reserve, or Coast Guard Reserve, for a term of six years. Each 
person enlisted under this subsection shall perform an initial period 
of active duty for training of not less than four months to commence 
insofar as practicable within 180 days after the date of that enlistment." 
(12) The text of section 3013 is amended to read as follows: 
72 stat. 519. 
"There are an Under Secretary of the Army and four Assistant 
Secretaries of the Army in the Department of the Army. They shall 
be appointed from civilian life by the President, by and with the advice 
and consent of the Senate. One of the Assistant Secretaries shall be the 
Assistant Secretary of the Army for Manpower and Reserve Affairs. 
He shall have as his principal duty the overall supervision of man-
power and reserve component affairs of the Department of the Army." 
(13) The first sentence of section 5034 (a) is amended by striking out 
Assistant secre-
"three" and inserting in lieu thereof "four". 
fo^Manpower^Ind 
(14) Section 5034(b) is amended by adding at the end thereof the Reserve Affairs. 
following: "One of the Assistant Secretaries shall be the Assistant 
Secretary of the Navy for Manpower and Reserve Affairs. He shall 
have as his principal duty the overall supervision of manpower and 
reserve component affairs of the Department of the Navy." 
(15) The text of section 8013 is amended to read as follows: 
72 stat. 520. 
"There are an Under Secretary of the Air Force and four Assistant 
Secretaries of the Air Force in the Department of the Air Force. They 
shall be appointed from civilian life by the President, by and with the 
advice and consent of the Senate. One of the Assistant Secretaries shall 
Assistant secre-
be the Assistant Secretary of the Air Force for Manpower and Reserve F^orce^Lr^itn'-
Affairs. He shall have as his principal duty the overall supendsion of power and Re-
manpower and reserve component affairs of the Department of the ^^'"'^^ Affairs. 
Air Force." 
(16) Chapter 303 is amended by adding at the end thereof a new 
7OA stat. 157. 
section 3019 as follows: 
"§ 3019. Office of Army Reserve: appointment of Chief 
" (a) There is in the executive part of the Department of the Army 
an Office of the Army Reserve which is headed by a chief who is the 
adviser to the Chief of Staff on Army Reserve matters. 
"(b) The President, by and with the advice and consent of the 
Senate, shall appoint the Chief of Army Reserve from officers of the 
Army Reserve not on active duty, or on active duty under section 265 
of this title, who— 
"(1) have had at least 10 years of commissioned sendee in the 
Army Reserve; 
" (2) are in grade of brigadier general and above; and 
"(3) have been recommended by the Secretary of the Army. 
524 
PUBLIC LAW 90-168-DEC. 1, 1967 
[81 STAT. 
"(c) The Chief of Army Eeserve holds office for four years but 
may be remoAed for cause at any time. He is eligible to succeed him-
self. If he holds a lower reserve grade, he shall be appointed in the 
grade of major general for service in the Army Reserve." 
(17) The f 
ol lowing new item is added to the analysis of chapter 303: 
"3019. Office of Army Reserve: appointment of Chief." 
70A Stat. 161. 
(ig) The text of section 3033 is amended to read as follows: 
"(a) There is in the office of the Secretary of the Army an Army 
Reserve Forces Policy Committee which shall review and comment 
upon major policy matters directly affecting the reserve components 
of the Army, and the Committee's comments on such policy matters 
shall accompany the final report regarding any such matters submitted 
to the Chief of Staff and the Assistant Secretary responsible for re-
serve affairs. 
"(b) The Committee consists of officers in the grade of colonel or 
above, as follows: 
"(1) five members of the Regular Army on duty with the 
Army General Staff; 
"(2) five members of the Army National Guard of the United 
States not on active duty; and 
" (3) five members of the Army Reserve not on active duty. 
"(c) The members of the Committee shall select the Chairman 
from among the members on the Committee not on active duty. 
"(d) A majority of the members of the Committee shall act when-
ever matters affecting both the Army National Guard of the United 
States and Army Reserve are being considered. However, when any 
matter solely affecting one of the reserve components of the Army 
is being considered, it shall be acted upon only by the Subcommittee 
on Army National Guard Policy or the Subcommittee on Army 
Reserve Policy, as appropriate. 
"(e) The Subcommittee on Army National Guard Policy consists 
of the members of the Committee other than the Army Reserve 
members. 
"(f) The Subcommittee on Army Reserve Policy consists of the 
members of the Committee other than the Army National Guard 
members. 
"(g) Membership on the Committee is determined by the Secretary 
of the Army and is for a minimum period of three years. Except in the 
case of members of the Committee from the Regular Army, the Sec-
retary of the Army, when appointing new members, shall insure that 
among the officers of each component on the Committee there will at 
all times be two or more members with more than one year of con-
tinuous service on the Committee. 
"(h) There shall be not less than 10 officers of the Army National 
Guard of the United States and the Army Reserve on duty with the 
Army General Staff, one-half of whom shall be from each of those 
components. These officers shall be considered as additional members 
of the Army General Staff while on that duty." 
(19) Chapter 803 is amended by adding at the end thereof a new 
section 8019 as follows: 
*
*
§ 8019. Office of Air Force Reserve: appointment of Chief 
"(a) There is in the executive part of the Department of the Air 
Force an Office of Air Force Reserve which is headed by a chief who is 
the adviser to the Chief of Staff, on Air Force Reserve matters. 
"(b) The President, by and with the advice and consent of the 
Senate, shall appoint the Chief of Air Force Reserve from officers of 
the Air Force Reserve not on active duty, or on active duty under 
section 265 of this title, who— 
70A Stat. 488. 
70A Stat. 11. 
81 STAT.] 
PUBLIC LAW 90-168-DEC. 1, 1967 
525 
"(1) have had at least 10 years of commissioned service in the 
Air Force; 
"(2) are in grade of brigadier general and above; and 
" (3) have been recommended by the Secretary of the Air Force. 
"(c) The Chief of Air Force Reserve holds office for four years, but 
may be removed for cause at any time. He is eligible to succeed himself. 
If he holds a lower reserve grade, he shall be appointed in the grade of 
major general for service in the Air Force Reserve." 
(20) The following new item is added to the analysis of chapter 803: 
'•8019. Office of Air Force Reserve : appointment of Chief." 
(21) The text of section 8033 is amended to read as follows: 
' 7OA stat. 491. 
" (a) There is in the Office of the Secretary of the Air Force an Air 
Reserve Forces Policy Committee on Air National Guard and Air 
Force Reserve Policy which shall review and comment upon major 
policy matters directly affecting the reserve components of the Air 
Force and the Committee's comments on such policy matters shall 
accompany the final report regarding any such matters submitted to 
the Chief of Staff, and the Assistant Secretary responsible for reserve 
affairs. 
"(b) The Committee consists of officers in the grade of colonel or 
above, as follows: 
" (1) five members of the Regular Air Force on duty with the 
Air Staff; 
"(2) five members of the Air National Guard of the United 
States not on active duty; 
" (3) five members of the Air Force Reserve not on active duty. 
" (c) The members of the Committee shall select the Chairman from 
among the members on the Committee not on active duty. 
"(d) A majority of the members of the Committee shall act when-
ever matters affecting both the Air National Guard of the United 
States and Air Force Reserve are being considered. However, when 
any matter solely affecting one of the Air Force Reserve components is 
being considered, it shall be acted upon only by the Subcommittee on 
Air National Guard Policy or the Subcommittee on Air Force Reserve 
Policy, as appropriate. 
"(e) The Subcommittee on Air National Guard Policy consists of 
the members of the Committee other than the Air Force Reserve 
members. 
"(f) The Subcommittee on Air Force Reserve Policy consists of 
the members of the Committee other than the Air National Guard 
members. 
"(g) Membership on the Air Staff Committee is determined by the 
Secretary of the Air Force and is for a minimum period of three 
years. Except in the case of members of the Committee from the 
Regular Air Force, the Secretary of the Air Force, when appointing 
new members, shall insure that among the officers of each component 
on the Committee there will at all times be two or more members 
with more than one year of continuous service on the Committee. 
"(h) There shall be not less than 10 officers of the Air National 
Guard of the United States and the Air Force Reserve on duty with 
the Air Staff, one-half of whom shall be from each of those compo-
nents. These officers shall be considered as additional members of the 
Air Staff while on that duty." 
(22) Section 8850 is amended by inserting before the period at the 
^^ ^
*
®
*
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end of the first sentence "and who are not assigned to a unit organized 
to serve as a unit." 
SEC. 3. Section 404(a) of title 37, United States Code, is amended 
'^'•^^^i ^"=^-
by striking out "and" at the end of clause (2), striking out the period ^"Tstat. 472. 
70A Stat. 610. 
70A Stat. 497. 
10 u s e 8201-
526 
PUBLIC LAW 90-169-DEC. 1, 1967 
[81 STAT. 
at the end of clause (3) and inserting in place thereof "; and", and 
adding the following new clause: 
"(4) when away from home to perform duty, including duty 
by a member of the Army National Guard of the United States or 
the Air National Guard of the United States, as the case may be, 
in his status as a member of the National Guard, for which he is 
entitled to, or has w^aived, pay under this title." 
SEC. 4. The last sentence of section 502(b) of title 32, United States 
Code, is amended to read as follows: "However, to have a series of 
formations credited as an assembly for drill and instruction, all parts 
of the unit must be included in the series within 30 consecuti^-e days." 
SEC. 5. From December 1, 1967, through June 30, 1969, appoint-
ments and promotions may be made without regard to the authorized 
strength in grade prescribed hj or under chapter 831 of title 10, United 
States Code, to fill vacancies m units of the Air National Guard, and 
8230. 
in units organized to serve as units in the Air Force Reserve, as 
follows: 
(1) Before July 1, 1968, in the Air National Guard, 250 in the 
grade of lieutenant colonel and 340 in the grade of major, and in 
the Air Force Reserve, 270 in the grade of lieutenant colonel and 
240 in the grade of major, and 
(2) Aft^r June 30,1968, in the Air National Guard, 220 in the 
grade of lieutenant colonel and 300 in the grade of major, and in 
the Air Force Reserve, 125 in the grade of lieutenant colonel and 
175 in the grade of major. 
SEC. 6. Section 412 of Public Law 86-149, as amended, is amended 
personnel 
by adding at the end thereof a new subsection as follows: 
fzatr^n^b ^c*(!'n'^ 
"^^^ Beginning with the fiscal year which begins July 1, 1968, and 
gres'r." ^ °" 
for each fiscal year thereafter, the Congress shall authorize the per-
73 Stat. 322; 
sounel Strength of the Selected Reserve of each Reserve component of 
" *"""' '^° 
the Armed Forces; and no funds may be appropriated for any fiscal 
year beginning on or after such date for the pay and allowances of 
members of any Reserve component of the Armed Forces unless the 
personnel strength of the Selected Reserve of such Reserve component 
for such fiscal year has been authorized by law." 
SEC. 7. The provisions of this Act shall become effective on the first 
day of the first calendar month following the date of enactment. 
Approved December 1, 1967. 
Public Law 90-169 
December 1, 1967 
JOINT RESOLUTION 
[ .J. es. 8 ] Kxteudiu^ for one .venr tlie emergency provisions of the urban mass transportation 
program. 
ReM>leed hy the Semite and House of Representatives 
of the United 
States of America in Congress assembled^ That section 5 of tlie Urban 
^9'use 1604 
Miiss Transportation Act of 1964 is amended by striking out "Novem-
ber 1, 1967" and inserting in lieu thereof ''November 1,1968". 
Approved December 1, 1967. 
Selected Re 
serve 
79 Stat. 128. 
Effective date.