[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 393 Introduced in House (IH)]
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. 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.
(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--
(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.
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.
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