USA: military draft: legislation submitted

2006-05-29

Richard Moore

Original source URL:
http://www.govtrack.us/congress/billtext.xpd?bill=h109-4752


109th U.S. Congress (2005-2006)
H.R. 4752: Universal National Service Act of 2006
Introduced:
Feb 14, 2006
Sponsor:
Rep. Charles Rangel [D-NY]
Status:
Introduced (By Rep. Charles Rangel [D-NY])

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                                                                              I

109TH CONGRESS
                         H. R. 4752
   2D SESSION


To provide for the common defense by requiring all persons in the United

    States, including women, between the ages of 18 and 42 to perform

    a period of military service or a period of civilian service in furtherance

    of the national defense and homeland security, and for other purposes.




        IN THE HOUSE OF REPRESENTATIVES
                          FEBRUARY 14, 2006

     Mr. RANGEL introduced the following bill; which was referred to the

                      Committee on Armed Services




                            A BILL
To provide for the common defense by requiring all persons
   in the United States, including women, between the ages
   of 18 and 42 to perform a period of military service
   or a period of civilian service in furtherance of the na-
   tional defense and homeland security, and for other pur-
   poses.

 1         Be it enacted by the Senate and House of Representa-
 2 tives of the United States of America in Congress assembled,
 3   SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

 4         (a) SHORT TITLE.--This Act may be cited as the
 5 ``Universal National Service Act of 2006''.
                                         2
 1          (b) TABLE           CONTENTS.--The table of contents for
                           OF

 2 this Act is as follows:
     Sec. 1. Short title; table of contents.
     Sec. 2. National service obligation.
     Sec. 3. Two-year period of national service.
     Sec. 4. Implementation by the President.
     Sec. 5. Induction.
     Sec. 6. Deferments and postponements.
     Sec. 7. Induction exemptions.
     Sec. 8. Conscientious objection.
     Sec. 9. Discharge following national service.

     Sec. 10. Registration of females under the Military Selective Service Act.

Sec. 11. Relation of Act to registration and induction authority of military se-

                       lective service Act.
     Sec. 12. Definitions.

 3   SEC. 2. NATIONAL SERVICE OBLIGATION.

 4          (a) OBLIGATION                SERVICE.--It is the obligation

                                   FOR

 5 of every citizen of the United States, and every other per-
 6 son residing in the United States, who is between the ages
 7 of 18 and 42 to perform a period of national service as
 8 prescribed in this Act unless exempted under the provi-
 9 sions of this Act.
10          (b) FORM            NATIONAL SERVICE.--National service
                          OF

11 under this Act shall be performed either--
12                (1) as a member of an active or reserve compo-
13          nent of the uniformed services; or
14                (2) in a civilian capacity that, as determined by
15          the President, promotes the national defense, includ-
16          ing national or community service and homeland se-
17          curity.




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                               3
 1       (c) INDUCTION REQUIREMENTS.--The President
 2 shall provide for the induction of persons covered by sub-
 3 section (a) to perform national service under this Act.
 4       (d) SELECTION             MILITARY SERVICE.--Based
                           FOR

 5 upon the needs of the uniformed services, the President
 6 shall--
 7            (1) determine the number of persons covered by
 8       subsection (a) whose service is to be performed as a
 9       member of an active or reserve component of the
10       uniformed services; and
11            (2) select the individuals among those persons
12       who are to be inducted for military service under
13       this Act.
14       (e) CIVILIAN SERVICE.--Persons covered by sub-
15 section (a) who are not selected for military service under
16 subsection (d) shall perform their national service obliga-
17 tion under this Act in a civilian capacity pursuant to sub-
18 section (b)(2).
19   SEC. 3. TWO-YEAR PERIOD OF NATIONAL SERVICE.

20       (a) GENERAL RULE.--Except as otherwise provided
21 in this section, the period of national service performed
22 by a person under this Act shall be two years.
23       (b) GROUNDS         EXTENSION.--At the discretion of
                       FOR

24 the President, the period of military service for a member




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                              4
 1 of the uniformed services under this Act may be ex-
 2 tended--
 3            (1) with the consent of the member, for the
 4      purpose of furnishing hospitalization, medical, or
 5      surgical care for injury or illness incurred in line of
 6      duty; or
 7            (2) for the purpose of requiring the member to
 8      compensate for any time lost to training for any
 9      cause.
10      (c) EARLY TERMINATION.--The period of national
11 service for a person under this Act shall be terminated
12 before the end of such period under the following cir-
13 cumstances:
14            (1) The voluntary enlistment and active service
15      of the person in an active or reserve component of
16      the uniformed services for a period of at least two
17      years, in which case the period of basic military
18      training and education actually served by the person
19      shall be counted toward the term of enlistment.
20            (2) The admission and service of the person as
21      a cadet or midshipman at the United States Military
22      Academy, the United States Naval Academy, the
23      United States Air Force Academy, the Coast Guard
24      Academy, or the United States Merchant Marine
25      Academy.


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                                5
 1            (3) The enrollment and service of the person in
 2       an officer candidate program, if the person has
 3       signed an agreement to accept a Reserve commission
 4       in the appropriate service with an obligation to serve
 5       on active duty if such a commission is offered upon
 6       completion of the program.
 7            (4) Such other grounds as the President may
 8       establish.
 9   SEC. 4. IMPLEMENTATION BY THE PRESIDENT.

10       (a) IN GENERAL.--The President shall prescribe
11 such regulations as are necessary to carry out this Act.
12       (b) MATTER         BE COVERED           REGULATIONS.--
                       TO                  BY

13 Such regulations shall include specification of the fol-
14 lowing:
15            (1) The types of civilian service that may be
16       performed for a person's national service obligation
17       under this Act.
18            (2) Standards for satisfactory performance of
19       civilian service and of penalties for failure to per-
20       form civilian service satisfactorily.
21            (3) The manner in which persons shall be se-
22       lected for induction under this Act, including the
23       manner in which those selected will be notified of
24       such selection.




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                                 6
 1              (4) All other administrative matters in connec-
 2         tion with the induction of persons under this Act
 3         and the registration, examination, and classification
 4         of such persons.
 5              (5) A means to determine questions or claims
 6         with respect to inclusion for, or exemption or
 7         deferment from induction under this Act, including
 8         questions of conscientious objection.
 9              (6) Standards for compensation and benefits
10         for persons performing their national service obliga-
11         tion under this Act through civilian service.
12              (7) Such other matters as the President deter-
13         mines necessary to carry out this Act.
14         (c) USE        PRIOR ACT.--To the extent determined
                     OF

15 appropriate by the President, the President may use for
16 purposes of this Act the procedures provided in the Mili-
17 tary Selective Service Act (50 U.S.C. App. 451 et seq.),
18 including procedures for registration, selection, and induc-
19 tion.
20   SEC. 5. INDUCTION.

21         (a) IN GENERAL.--Every person subject to induction
22 for national service under this Act, except those whose
23 training is deferred or postponed in accordance with this
24 Act, shall be called and inducted by the President for such
25 service at the time and place specified by the President.


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                                 7
 1       (b) AGE LIMITS.--A person may be inducted under
 2 this Act only if the person has attained the age of 18 and
 3 has not attained the age of 42.
 4       (c) VOLUNTARY INDUCTION.--A person subject to in-
 5 duction under this Act may volunteer for induction at a
 6 time other than the time at which the person is otherwise
 7 called for induction.
 8       (d) EXAMINATION; CLASSIFICATION.--Every person
 9 subject to induction under this Act shall, before induction,
10 be physically and mentally examined and shall be classified
11 as to fitness to perform national service. The President
12 may apply different classification standards for fitness for
13 military service and fitness for civilian service.
14   SEC. 6. DEFERMENTS AND POSTPONEMENTS.

15       (a) HIGH SCHOOL STUDENTS.--A person who is pur-
16 suing a standard course of study, on a full-time basis, in
17 a secondary school or similar institution of learning shall
18 be entitled to have induction under this Act postponed
19 until the person--
20            (1) obtains a high school diploma;
21            (2) ceases to pursue satisfactorily such course
22       of study; or
23            (3) attains the age of 20.
24       (b) HARDSHIP            DISABILITY.--Deferments from
                           AND

25 national service under this Act may be made for--


      HR 4752 IH
                               8
 1            (1) extreme hardship; or
 2            (2) physical or mental disability.
 3       (c) TRAINING CAPACITY.--The President may post-
 4 pone or suspend the induction of persons for military serv-
 5 ice under this Act as necessary to limit the number of per-
 6 sons receiving basic military training and education to the
 7 maximum number that can be adequately trained.
 8       (d) TERMINATION.--No deferment or postponement
 9 of induction under this Act shall continue after the cause
10 of such deferment or postponement ceases.
11   SEC. 7. INDUCTION EXEMPTIONS.

12       (a) QUALIFICATIONS.--No person may be inducted
13 for military service under this Act unless the person is
14 acceptable to the Secretary concerned for training and
15 meets the same health and physical qualifications applica-
16 ble under section 505 of title 10, United States Code, to
17 persons seeking original enlistment in a regular compo-
18 nent of the Armed Forces.
19       (b) OTHER MILITARY SERVICE.--No person shall be
20 liable for induction under this Act who--
21            (1) is serving, or has served honorably for at
22       least six months, in any component of the uniformed
23       services on active duty; or
24            (2) is or becomes a cadet or midshipman at the
25       United States Military Academy, the United States


      HR 4752 IH
                               9
 1       Naval Academy, the United States Air Force Acad-
 2       emy, the Coast Guard Academy, the United States
 3       Merchant Marine Academy, a midshipman of a Navy
 4       accredited State maritime academy, a member of the
 5       Senior Reserve Officers' Training Corps, or the
 6       naval aviation college program, so long as that per-
 7       son satisfactorily continues in and completes at least
 8       two years training therein.
 9   SEC. 8. CONSCIENTIOUS OBJECTION.

10       (a) CLAIMS        CONSCIENTIOUS OBJECTOR.--Noth-
                      AS

11 ing in this Act shall be construed to require a person to
12 be subject to combatant training and service in the uni-
13 formed services, if that person, by reason of sincerely held
14 moral, ethical, or religious beliefs, is conscientiously op-
15 posed to participation in war in any form.
16       (b) ALTERNATIVE NONCOMBATANT                   CIVILIAN
                                                   OR

17 SERVICE.--A person who claims exemption from combat-
18 ant training and service under subsection (a) and whose
19 claim is sustained by the local board shall--
20            (1) be assigned to noncombatant service (as de-
21       fined by the President), if the person is inducted
22       into the uniformed services; or
23            (2) be ordered by the local board, if found to
24       be conscientiously opposed to participation in such
25       noncombatant service, to perform national civilian


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                               10
 1       service for the period specified in section 3(a) and
 2       subject to such regulations as the President may
 3       prescribe.
 4   SEC. 9. DISCHARGE FOLLOWING NATIONAL SERVICE.

 5       (a) DISCHARGE.--Upon completion or termination of
 6 the obligation to perform national service under this Act,
 7 a person shall be discharged from the uniformed services
 8 or from civilian service, as the case may be, and shall not
 9 be subject to any further service under this Act.
10       (b) COORDINATION WITH OTHER AUTHORITIES.--
11 Nothing in this section shall limit or prohibit the call to
12 active service in the uniformed services of any person who
13 is a member of a regular or reserve component of the uni-
14 formed services.
15   SEC. 10. REGISTRATION OF FEMALES UNDER THE MILI-

16                  TARY SELECTIVE SERVICE ACT.

17       (a) REGISTRATION REQUIRED.--Section 3(a) of the
18 Military Selective Service Act (50 U.S.C. 453(a)) is
19 amended--
20             (1) by striking ``male'' both places it appears;
21             (2) by inserting ``or herself'' after ``himself'';
22       and
23             (3) by striking ``he'' and inserting ``the per-
24       son''.




      HR 4752 IH
                                11
 1        (b) CONFORMING AMENDMENT.--Section 16(a) of
 2 the Military Selective Service Act (50 U.S.C. App. 466(a))
 3 is amended by striking ``men'' and inserting ``persons''.
 4   SEC. 11. RELATION OF ACT TO REGISTRATION AND INDUC-

 5                   TION AUTHORITY OF MILITARY SELECTIVE

 6                   SERVICE ACT.

 7        (a) REGISTRATION.--Section 4 of the Military Selec-
 8 tive Service Act (50 U.S.C. App. 454) is amended by in-
 9 serting after subsection (g) the following new subsection:
10        ``(h) This section does not apply with respect to the
11 induction of persons into the Armed Forces pursuant to
12 the Universal National Service Act of 2006.''.
13        (b) INDUCTION.--Section 17(c) of the Military Selec-
14 tive Service Act (50 U.S.C. App. 467(c)) is amended by
15 striking ``now or hereafter'' and all that follows through
16 the period at the end and inserting ``inducted pursuant
17 to the Universal National Service Act of 2006.''.
18   SEC. 12. DEFINITIONS.

19        In this Act:
20             (1) The term ``military service'' means service
21        performed as a member of an active or reserve com-
22        ponent of the uniformed services.
23             (2) The term ``Secretary concerned'' means the
24        Secretary of Defense with respect to the Army,
25        Navy, Air Force, and Marine Corps, the Secretary


       HR 4752 IH
                            12
 1      of Homeland Security with respect to the Coast
 2      Guard, the Secretary of Commerce, with respect to
 3      matters concerning the National Oceanic and At-
 4      mospheric Administration, and the Secretary of
 5      Health and Human Services, with respect to matters
 6      concerning the Public Health Service.
 7           (3) The term ``United States'', when used in a
 8      geographical sense, means the several States, the
 9      District of Columbia, Puerto Rico, the Virgin Is-
10      lands, and Guam.
11           (4) The term ``uniformed services'' means the
12      Army, Navy, Air Force, Marine Corps, Coast Guard,
13      commissioned corps of the National Oceanic and At-
14      mospheric Administration, and commissioned corps
15      of the Public Health Service.





     HR 4752 IH

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