DRAFT? Universal National Service Act of 2007 (Introduced in House)

Fredfredson · #1 1st February 2007, 04:07 PM

Universal National Service Act of 2007 (Introduced in House)

HR 393 IH

http://thomas.loc.gov/cgi-bin/query/z?c110:H.R.393:

110th CONGRESS

1st Session

H. R. 393
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, to amend the Internal Revenue Code of 1986 to make permanent the favorable treatment afforded combat pay under the earned income tax credit, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

January 10, 2007
Mr. RANGEL introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

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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, to amend the Internal Revenue Code of 1986 to make permanent the favorable treatment afforded combat pay under the earned income tax credit, 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 of 2007'.

(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.

Sec. 111. Registration of females under the Military Selective Service Act.

Sec. 112. Relation of title to registration and induction authority of Military Selective Service Act.

TITLE II--FAVORABLE TREATMENT OF COMBAT PAY UNDER EARNED INCOME TAX CREDIT MADE PERMANENT

Sec. 201. Favorable treatment of combat pay under earned income tax credit made permanent.

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.

© 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.

© 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; and

(2) the feasibility of the uniformed services to recruit sufficient volunteers to achieve such end-strength levels.

(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.

© 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.

© 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.

© 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.

SEC. 111. REGISTRATION OF FEMALES UNDER THE MILITARY SELECTIVE SERVICE ACT.

(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. 112. RELATION OF TITLE TO REGISTRATION AND INDUCTION AUTHORITY OF MILITARY SELECTIVE SERVICE ACT.

(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 of 2007.'.

(b) Induction- Section 17© of the Military Selective Service Act (50 U.S.C. App. 467©) 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 of 2007.'.

TITLE II--FAVORABLE TREATMENT OF COMBAT PAY UNDER EARNED INCOME TAX CREDIT MADE PERMANENT

SEC. 201. FAVORABLE TREATMENT OF COMBAT PAY UNDER EARNED INCOME TAX CREDIT MADE PERMANENT.

(a) In General- Clause (vi) of section 32©(2)(B) of the Internal Revenue Code of 1986 (defining earned income) is amended to read as follows:

`(vi) a taxpayer may elect for any taxable year to treat amounts excluded from gross income by reason of section 112 as earned income.'.

(b) Effective Date- The amendment made by subsection (a) shall apply to taxable years ending after December 31, 2006.

potter · #2 1st February 2007, 04:21 PM

I bet a boil on yer ass will get ya exempted...provided you come from the "right" family.

thaanatos · #3 1st February 2007, 04:27 PM

shucks, a $2.99 bottle of poppy seeds from the local grocery can get ya exempted....

LiberalNation · #4 1st February 2007, 04:28 PM

Looks like an okay bill.

That's how it's always been Potter. Get over it.

potter · #5 1st February 2007, 04:28 PM

Quote:

Originally Posted by thaanatos

shucks, a $2.99 bottle of poppy seeds from the local grocery can get ya exempted....

Screw the poppy seeds...lets' go for the Heroin.....

JK....

Dreadfulfaery · #6 1st February 2007, 04:47 PM

So if this Bill is passed, they can force you to join the military, even agianst your will???
How long before Blair tries to get that introduced over here

LiberalNation · #7 1st February 2007, 04:51 PM

I think they can already force you to join the military against your will. This bill looks to me like they're just changing some stuff around. It wont pass. National service is bullshit.

generalised radiance · #8 1st February 2007, 04:52 PM

Won't be draedful one, conscripts make poor soldiers. It's hard enough training soldiers who actually want to be there, near enough impossible to train those who don't. No, I think the army itself would stand against this and Blair's not long for this parliament anyway and wouldn't be able to swing such a controversial move if he's even thought about it.

potter · #9 1st February 2007, 05:22 PM

Quote:

Originally Posted by LiberalNation

Looks like an okay bill.

That's how it's always been Potter. Get over it.

It wouldn't affect me...get over it....

LiberalNation · #10 1st February 2007, 05:26 PM

Quote:

Originally Posted by potter

It wouldn't affect me...get over it....

It wont affect anyone cuss it ain't gona pass.

potter · #11 1st February 2007, 05:30 PM

I kinda think that if bush's corporate buddies have thier way we'll be sending lots of young cannon fodder over to Iran...they what will we do?

I hope this doesn't pass, but the fact that i's even being persued is of concern.

LiberalNation · #12 1st February 2007, 05:35 PM

Quote:

Originally Posted by potter

I kinda think that if bush's corporate buddies have thier way we'll be sending lots of young cannon fodder over to Iran...they what will we do?

Massive protests.

Our representatives in congress are not going to support this. One, because most now want to get the war over and done with and two, if this passes because of their votes they will never win another re-election. A lot of stuff the people don't care about but when you directly affect their lives with something like a draft they will.

potter · #13 1st February 2007, 05:38 PM

Quote:

Originally Posted by LiberalNation

Massive protests.

Our representatives in congress are not going to support this. One, because most now want to get the war over and done with and two, if this passes because of their votes they will never win another re-election. A lot of stuff the people don't care about but when you directly affect their lives with something like a draft they will.

There have been massive protests about the war etc...the past 5 years, on last weekend even, and the press and government just ignore them. They've had absolutely no impact whatsoever.

Our representatives are part of the machine.

I know, cynical, but I'm a product of the times.

LiberalNation · #14 1st February 2007, 05:42 PM

Those protest aren't shutting things down, Causing major problems. They're just legal protesting without a lot of rage behind them except for a few nut jobs. A draft would change that.

potter · #15 1st February 2007, 05:55 PM

Quote:

Originally Posted by LiberalNation

Those protest aren't shutting things down, Causing major problems. They're just legal protesting without a lot of rage behind them except for a few nut jobs. A draft would change that.

One would think, but the government now has sinister new weapons to quickly shut down dissent. You know the government has no qualms about inflicting pain on the people.

Justin · #16 1st February 2007, 09:13 PM

Quote:

One would think, but the government now has sinister new weapons to quickly shut down dissent.

The way you talk about it you'd think the US was being run by Darth Vader.

Our nation isn't nearly as bad as you make it out to be Potter. It has its problems, yes...but there's a lot of good here, too.

Justin · #17 1st February 2007, 09:14 PM

Quote:

Our representatives in congress are not going to support this. One, because most now want to get the war over and done with and two, if this passes because of their votes they will never win another re-election. A lot of stuff the people don't care about but when you directly affect their lives with something like a draft they will.

You hit the nail on the head, my friend.

potter · #18 1st February 2007, 09:30 PM

Quote:

Originally Posted by Justin

The way you talk about it you'd think the US was being run by Darth Vader.

Our nation isn't nearly as bad as you make it out to be Potter. It has its problems, yes...but there's a lot of good here, too.

I agree, our nation is great, the leaders of our government are indeed evil however, and our government needs a complete makeover.

As far as your first comment, think again.....

clownboy · #19 1st February 2007, 11:29 PM

Quote:

Originally Posted by potter

I kinda think that if bush's corporate buddies have thier way we'll be sending lots of young cannon fodder over to Iran...they what will we do?

I hope this doesn't pass, but the fact that i's even being persued is of concern.

After reading your take on this, I'm wondering if you took the time to look at who is introducing the bill before you went all Bush-mad.

Quote:

January 10, 2007
Mr. RANGEL introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

It was the Dem new Chair of the Ways and Means.