Volume 75 · 807
Public Law 87–378
To provide for more effective participation in the reserve components of the Armed Forces, and for other purposes.
Approved October 4, 1961
Statutory text
AN ACT
To provide for more effective participation in the reserve components of the Armed Forces, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
hat section 6 of
Armed Forces reserves.
the Universal Military Training and Service Act, as amended (50 U.S.C. App. 456), is amended—
by amending subsection (c)(2)(E) to read as follows:
“(E) Notwithstanding any other provision of this Act, the President, under such rules and regulations as he may prescribe, may provide that any person enlisted in the Ready Reserve of any reserve component of the Armed Forces pursuant to authority conferred by this paragraph or under section 262 of the Armed Forces Reserve Act of 1952, as amended, or any member of the
National Guard deferred from training and service by clause (A) of this paragraph, or any person enlisted or appointed in the Ready Reserve of any reserve component of the armed forces (other than under section 511 (b) of title 10, United States Code),
the Army National Guard, or the Air National Guard after the effective date of this amended clause, but prior to his attaining the age of 26, who fails to serve satisfactorily as a member of such Ready Reserve or National Guard or the Ready Reserve of another reserve component of which he becomes a member may be selected for training and service and inducted into the armed force of which such reserve component is a part, prior to the selection and induction of other persons liable therefor.”; and
by striking out the words “in such unit” in the seventh and eighth sentences of subsection (d) (1) and amending the fifth and sixth sentences of that subsection to read as follows: “If, at the time of, or subsequent to, such appointment, the armed force in which such person is commissioned does not require his service on active duty in fulfillment of the obligation undertaken by him in compliance with clause (B) of the first sentence of this paragraph, such person shall be ordered to active duty for training with such armed force in the grade in which he was commissioned for a period of active duty for training of not less than three months or more than six months (not including duty performed under section 270(a) of title 10, United States Code), as determined
by the Secretary of the military department concerned to be necessary to quality such person for a mobilization assignment. Upon being commissioned and assigned to a reserve component, such person shall be required to serve therein, or in a reserve component of any other armed force in which he is later appointed, until the eighth anniversary of the receipt of such commission pursuant to the provisions of this section”.
Sec. 2.
Section 270 of title 10, United States Code, is amended by adding the following new subsection at the end thereof:
“(c) Any person who becomes a member of the Army National
Members of National Guard units.
Guard of the United States or the Air National Guard of the United States after the enactment of this subsection and who fails in any year to perform satisfactorily the training duty prescribed by or under law for members of the Army National Guard or the Air National Guard, as the case may be, as determined by the Secretary concerned, may, upon the request of the Governor of the State or territory, Puerto Rico, or the Canal Zone, or the commanding general of the District of Columbia National Guard, whichever is concerned, be ordered, without his consent, to perform additional active duty for training for not more than forty-five days. A member ordered to active duty under this subsection shall be ordered to duty as a Reserve of the Army or as a Reserve of the Air Force, as the case may be.”
Sec. 3.
Section 3261 of title 10, United States Code, is amended—
by striking out the designation “(b)” in subsection (a) and inserting the designation “(c)” in place thereof; and
by redesignating subsection (b) as subsection “(c)” and inserting the following new subsection (b) :
Under regulations to be prescribed by the Secretary of the Army, a person who enlists or reenlists in the Army National Guard, or whose term of enlistment or reenlistment in the Army National Guard is extended, shall be concurrently enlisted or reenlisted, or his term of enlistment or reenlistment shall be concurrently extended, as the case may be, as a Reserve of the Army for service in the Army National Guard of the United States.”
Sec. 4.
Section 8261 of title 10, United States Code, is amended—
by striking out the designation “(b)” in subsection (a) and inserting the designation “(c)” in place thereof; and
by redesignating subsection (b) as subsection “(c)” and inserting the following new subsection (b) :
Under regulations to be prescribed by the Secretary of the Air Force, a person who enlists or reenlists in the Air National Guard, or whose term of enlistment or reenlistment in the Air National Guard is extended, shall be concurrently enlisted or reenlisted, or his term of enlistment or reenlistment shall be concurrently extended, as the case may be, as a Reserve of the Air Force for service in the Air National Guard of the United States.”
Sec. 5.
Title 32, United States Code, is amended as follows:
Section 302 is amended to read as follows:
Ҥ 302. Enlistments, reenlistments, and extensions
“(a) Under regulations to be prescribed by the Secretary concerned, original enlistments in the National Guard may be accepted for—
“(1) any specified term, not less than three years, for persons who have not served in an armed force; or
“(2) any specified term, not less than one year, for persons who have served in any armed force.
“(b) Under regulations to be prescribed by the Secretary concerned, reenlistment in the National Guard may be accepted for any specified period, or, if the person last served in one of the highest five enlisted grades, for an unspecified period.
“(c) Enlistments or reenlistments in the National Guard may be extended—
“(1) under regulations to be prescribed by the Secretary concerned, at the request of the member, for any period not less than six months; or
“(2) by proclamation of the President, if Congress declares an emergency, until six months after termination of that emergency.”
The analysis of chapter 3 is amended by striking out the following item:
and inserting the following item in place thereof:
Sec. 6.
The amendments made by sections 3, 4, and 5 of this Act shall not affect any enlistment, reenlistment, or appointment entered into or made before the effective date of this Act.
Sec. 7.
Section 29 (a) of the Act of August 10, 1956, as amended (5 U.S.C. 30r), is amended by striking out the words “fiscal year”
70A Stat. 632; 74 Stat. 282.
wherever they appear therein and substituting the words “calendar year” in lieu thereof.
Except with respect to substitute postal employees, the amendments made by subsection (a) of this section shall become effective as of January 1, 1961, and with respect to substitute postal employees such amendments shall become effective as of January 1, 1962.
Approved October 4, 1961.