111th CONGRESS
2d Session
H. R. 5741
To
require all persons in the United States between the ages of 18 and 42
to perform national service, either as a member of the uniformed
services or in civilian service in furtherance of the national defense
and homeland security, to authorize the induction of persons in the
uniformed services during wartime to meet end-strength requirements of
the uniformed services, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
July 15, 2010
Mr. RANGEL introduced the following bill; which was referred to the Committee on Armed Services
A BILL
To
require all persons in the United States between the ages of 18 and 42
to perform national service, either as a member of the uniformed
services or in civilian service in furtherance of the national defense
and homeland security, to authorize the induction of persons in the
uniformed services during wartime to meet end-strength requirements of
the uniformed services, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the ‘Universal National Service Act’.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.TITLE I--NATIONAL SERVICE
Sec. 101. Definitions.Sec. 102. National service obligation.Sec. 103. Induction to perform national service.Sec. 104. Two-year period of national service.Sec. 105. Implementation by the President.Sec. 106. Examination and classification of persons.Sec. 107. Deferments and postponements.Sec. 108. Induction exemptions.Sec. 109. Conscientious objection.Sec. 110. Discharge following national service.TITLE II--AMENDMENTS TO MILITARY SELECTIVE SERVICE ACT
Sec. 201. Registration of females.Sec. 202. Registration and induction authority.TITLE I--NATIONAL SERVICE
SEC. 101. DEFINITIONS.
In this title:
(1) The term ‘contingency operation’ has the meaning given that term in
section 101(a)(13) of title 10, United States Code.
(2) The term ‘military service’ means service performed as a member of an active or reserve component of the uniformed services.
(3)
The term ‘national service’ means military service or service in a
civilian capacity that, as determined by the President, promotes the
national defense, including national or community service and service
related to homeland security.
(4)
The term ‘Secretary concerned’ means the Secretary of Defense with
respect to the Army, Navy, Air Force, and Marine Corps, the Secretary of
Homeland Security with respect to the Coast Guard, the Secretary of
Commerce, with respect to the National Oceanic and Atmospheric
Administration, and the Secretary of Health and Human Services, with
respect to the Public Health Service.
(5)
The term ‘United States’, when used in a geographical sense, means the
several States, the District of Columbia, Puerto Rico, the Virgin
Islands, and Guam.
(6)
The term ‘uniformed services’ means the Army, Navy, Air Force, Marine
Corps, Coast Guard, commissioned corps of the National Oceanic and
Atmospheric Administration, and commissioned corps of the Public Health
Service.
SEC. 102. NATIONAL SERVICE OBLIGATION.
(a)
Obligation for Service- It is the obligation of every citizen of the
United States, and every other person residing in the United States, who
is between the ages of 18 and 42 to perform a period of national
service as prescribed in this title unless exempted under the provisions
of this title.
(b) Forms of National Service- The national service obligation under this title shall be performed either--
(1) as a member of an active or reserve component of the uniformed services; or
(2)
in a civilian capacity that, as determined by the President, promotes
the national defense, including national or community service and
service related to homeland security.
(c)
Age Limits- A person may be inducted under this title only if the
person has attained the age of 18 and has not attained the age of 42.
SEC. 103. INDUCTION TO PERFORM NATIONAL SERVICE.
(a)
Induction Requirements- The President shall provide for the induction
of persons described in section 102(a) to perform their national service
obligation.
(b)
Limitation on Induction for Military Service- Persons described in
section 102(a) may be inducted to perform military service only if--
(1) a declaration of war is in effect;
(2)
the President declares a national emergency, which the President
determines necessitates the induction of persons to perform military
service, and immediately informs Congress of the reasons for the
declaration and the need to induct persons for military service; or
(3)
members of the Army, Navy, Air Force, or Marine Corps are engaged in a
contingency operation pursuant to a congressional authorization for the
use of military force.
(c)
Limitation on Number of Persons Inducted for Military Service- When the
induction of persons for military service is authorized by subsection
(b), the President shall determine the number of persons described in
section 102(a) whose national service obligation is to be satisfied
through military service based on--
(1) the authorized end strengths of the uniformed services;
(2) the feasibility of the uniformed services to recruit sufficient volunteers to achieve such end-strength levels; and
(3) provide a mechanism for the random selection of persons to be inducted to perform military service.
(d) Selection for Induction-
(1)
RANDOM SELECTION FOR MILITARY SERVICE- When the induction of persons
for military service is authorized by subsection (b), the President
shall utilize a mechanism for the random selection of persons to be
inducted to perform military service.
(2)
CIVILIAN SERVICE- Persons described in section 102(a) who do not
volunteer to perform military service or are not inducted for military
service shall perform their national service obligation in a civilian
capacity pursuant to section 102(b)(2).
(e) Voluntary Service- A person subject to induction under this title may--
(1) volunteer to perform national service in lieu of being inducted; or
(2) request permission to be inducted at a time other than the time at which the person is otherwise called for induction.
SEC. 104. TWO-YEAR PERIOD OF NATIONAL SERVICE.
(a)
General Rule- Except as otherwise provided in this section, the period
of national service performed by a person under this title shall be two
years.
(b)
Grounds for Extension- At the discretion of the President, the period
of military service for a member of the uniformed services under this
title may be extended--
(1)
with the consent of the member, for the purpose of furnishing
hospitalization, medical, or surgical care for injury or illness
incurred in line of duty; or
(2) for the purpose of requiring the member to compensate for any time lost to training for any cause.
(c)
Early Termination- The period of national service for a person under
this title shall be terminated before the end of such period under the
following circumstances:
(1)
The voluntary enlistment and active service of the person in an active
or reserve component of the uniformed services for a period of at least
two years, in which case the period of basic military training and
education actually served by the person shall be counted toward the term
of enlistment.
(2)
The admission and service of the person as a cadet or midshipman at the
United States Military Academy, the United States Naval Academy, the
United States Air Force Academy, the Coast Guard Academy, or the United
States Merchant Marine Academy.
(3)
The enrollment and service of the person in an officer candidate
program, if the person has signed an agreement to accept a Reserve
commission in the appropriate service with an obligation to serve on
active duty if such a commission is offered upon completion of the
program.
(4) Such other grounds as the President may establish.
SEC. 105. IMPLEMENTATION BY THE PRESIDENT.
(a) In General- The President shall prescribe such regulations as are necessary to carry out this title.
(b) Matter To Be Covered by Regulations- Such regulations shall include specification of the following:
(1)
The types of civilian service that may be performed in order for a
person to satisfy the person’s national service obligation under this
title.
(2)
Standards for satisfactory performance of civilian service and of
penalties for failure to perform civilian service satisfactorily.
(3)
The manner in which persons shall be selected for induction under this
title, including the manner in which those selected will be notified of
such selection.
(4)
All other administrative matters in connection with the induction of
persons under this title and the registration, examination, and
classification of such persons.
(5)
A means to determine questions or claims with respect to inclusion for,
or exemption or deferment from induction under this title, including
questions of conscientious objection.
(6)
Standards for compensation and benefits for persons performing their
national service obligation under this title through civilian service.
(7) Such other matters as the President determines necessary to carry out this title.
(c)
Use of Prior Act- To the extent determined appropriate by the
President, the President may use for purposes of this title the
procedures provided in the Military Selective Service Act (50 U.S.C.
App. 451 et seq.), including procedures for registration, selection, and
induction.
SEC. 106. EXAMINATION AND CLASSIFICATION OF PERSONS.
(a)
Examination- Every person subject to induction under this title shall,
before induction, be physically and mentally examined and shall be
classified as to fitness to perform national service.
(b)
Different Classification Standards- The President may apply different
classification standards for fitness for military service and fitness
for civilian service.
SEC. 107. DEFERMENTS AND POSTPONEMENTS.
(a)
High School Students- A person who is pursuing a standard course of
study, on a full-time basis, in a secondary school or similar
institution of learning shall be entitled to have induction under this
title postponed until the person--
(1) obtains a high school diploma;
(2) ceases to pursue satisfactorily such course of study; or
(3) attains the age of 20.
(b) Hardship and Disability- Deferments from national service under this title may be made for--
(1) extreme hardship; or
(2) physical or mental disability.
(c)
Training Capacity- The President may postpone or suspend the induction
of persons for military service under this title as necessary to limit
the number of persons receiving basic military training and education to
the maximum number that can be adequately trained.
(d)
Termination- No deferment or postponement of induction under this title
shall continue after the cause of such deferment or postponement
ceases.
SEC. 108. INDUCTION EXEMPTIONS.
(a)
Qualifications- No person may be inducted for military service under
this title unless the person is acceptable to the Secretary concerned
for training and meets the same health and physical qualifications
applicable under
section 505 of title 10, United States Code, to persons seeking original enlistment in a regular component of the Armed Forces.
(b) Other Military Service- No person shall be liable for induction under this title who--
(1) is serving, or has served honorably for at least six months, in any component of the uniformed services on active duty; or
(2)
is or becomes a cadet or midshipman at the United States Military
Academy, the United States Naval Academy, the United States Air Force
Academy, the Coast Guard Academy, the United States Merchant Marine
Academy, a midshipman of a Navy accredited State maritime academy, a
member of the Senior Reserve Officers’ Training Corps, or the naval
aviation college program, so long as that person satisfactorily
continues in and completes at least two years training therein.
SEC. 109. CONSCIENTIOUS OBJECTION.
(a)
Claims as Conscientious Objector- Nothing in this title shall be
construed to require a person to be subject to combatant training and
service in the uniformed services, if that person, by reason of
sincerely held moral, ethical, or religious beliefs, is conscientiously
opposed to participation in war in any form.
(b)
Alternative Noncombatant or Civilian Service- A person who claims
exemption from combatant training and service under subsection (a) and
whose claim is sustained by the local board shall--
(1) be assigned to noncombatant service (as defined by the President), if the person is inducted into the uniformed services; or
(2)
be ordered by the local board, if found to be conscientiously opposed
to participation in such noncombatant service, to perform national
civilian service for the period specified in section 104(a) and subject
to such regulations as the President may prescribe.
SEC. 110. DISCHARGE FOLLOWING NATIONAL SERVICE.
(a)
Discharge- Upon completion or termination of the obligation to perform
national service under this title, a person shall be discharged from the
uniformed services or from civilian service, as the case may be, and
shall not be subject to any further service under this title.
(b)
Coordination With Other Authorities- Nothing in this section shall
limit or prohibit the call to active service in the uniformed services
of any person who is a member of a regular or reserve component of the
uniformed services.
TITLE II--AMENDMENTS TO MILITARY SELECTIVE SERVICE ACT
SEC. 201. REGISTRATION OF FEMALES.
(a) Registration Required- Section 3(a) of the Military Selective Service Act (
50 U.S.C. 453(a)) is amended--
(1) by striking ‘male’ both places it appears;
(2) by inserting ‘or herself’ after ‘himself’; and
(3) by striking ‘he’ and inserting ‘the person’.
(b)
Conforming Amendment- Section 16(a) of the Military Selective Service
Act (50 U.S.C. App. 466(a)) is amended by striking ‘men’ and inserting
‘persons’.
SEC. 202. REGISTRATION AND INDUCTION AUTHORITY.
(a)
Registration- Section 4 of the Military Selective Service Act (50
U.S.C. App. 454) is amended by inserting after subsection (g) the
following new subsection:
‘(h)
This section does not apply with respect to the induction of persons
into the Armed Forces pursuant to the Universal National Service Act.’.
(b)
Induction- Section 17(c) of the Military Selective Service Act (50
U.S.C. App. 467(c)) is amended by striking ‘now or hereafter’ and all
that follows through the period at the end and inserting ‘inducted
pursuant to the Universal National Service Act.’.You are encouraged to reuse any material on this site.
http://www.govtrack.us/congress/billtext.xpd?bill=h111-5741
