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
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. 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.
(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; 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.
(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--
(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.
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(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 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(c)(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.
END
