[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 89 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 89

 To provide for the common defense by requiring that all young persons 
  in the United States, including women, 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 SENATE OF THE UNITED STATES

                            January 7, 2003

 Mr. Hollings introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To provide for the common defense by requiring that all young persons 
  in the United States, including women, 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.

    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 2003''.
    (b) Table of Contents.--The table of contents for 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 Selective Service Act.
Sec. 12. Definitions.

SEC. 2. NATIONAL SERVICE OBLIGATION.

    (a) Obligation for Young Persons.--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 26 to perform a period 
of national service as prescribed in this Act unless exempted under the 
provisions of this Act.
    (b) Form of National Service.--National service under this Act 
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 homeland security.
    (c) Induction Requirements.--The President shall provide for the 
induction of persons covered by subsection (a) to perform national 
service under this Act.
    (d) Selection for Military Service.--Based upon the needs of the 
uniformed services, the President shall--
            (1) determine the number of persons covered by subsection 
        (a) whose service is to be performed as a member of an active 
        or reserve component of the uniformed services; and
            (2) select the individuals among those persons who are to 
        be inducted for military service under this Act.
    (e) Civilian Service.--Persons covered by subsection (a) who are 
not selected for military service under subsection (d) shall perform 
their national service obligation under this Act in a civilian capacity 
pursuant to subsection (b)(2).

SEC. 3. 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 Act 
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 Act 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 Act 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. 4. IMPLEMENTATION BY THE PRESIDENT.

    (a) In General.--The President shall prescribe such regulations as 
are necessary to carry out this Act.
    (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 for 
        a person's national service obligation under this Act.
            (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 Act, 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 Act 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 Act, including questions of conscientious objection.
            (6) Standards for compensation and benefits for persons 
        performing their national service obligation under this Act 
        through civilian service.
            (7) Such other matters as the President determines 
        necessary to carry out this Act.
    (c) Use of Prior Act.--To the extent determined appropriate by the 
President, the President may use for purposes of this Act 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. 5. INDUCTION.

    (a) In General.--Every person subject to induction for national 
service under this Act, except those whose training is deferred or 
postponed in accordance with this Act, shall be called and inducted by 
the President for such service at the time and place specified by the 
President.
    (b) Age Limits.--A person may be inducted under this Act only if 
the person has attained the age of 18 and has not attained the age of 
26.
    (c) Voluntary Induction.--A person subject to induction under this 
Act may volunteer for induction at a time other than the time at which 
the person is otherwise called for induction.
    (d) Examination; Classification.--Every person subject to induction 
under this Act shall, before induction, be physically and mentally 
examined and shall be classified as to fitness to perform national 
service. The President may apply different classification standards for 
fitness for military service and fitness for civilian service.

SEC. 6. 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 
Act 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 Act 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 Act 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 Act shall continue after the cause of such deferment or 
postponement ceases.

SEC. 7. INDUCTION EXEMPTIONS.

    (a) Qualifications.-- No person may be inducted for military 
service under this Act 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 Act 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 two years 
training therein.

SEC. 8. CONSCIENTIOUS OBJECTION.

    (a) Claims as Conscientious Objector.--Any person selected under 
this Act for induction into the uniformed services who claims, because 
of religious training and belief (as defined in section 6(j) of the 
Military Selective Service Act (50 U.S.C. 456(j))), exemption from 
combatant training included as part of that military service and whose 
claim is sustained under such procedures as the President may 
prescribe, shall, when inducted, participate in military service that 
does not include any combatant training component.
    (b) Transfer to Civilian Service.--Any such person whose claim is 
sustained may, at the discretion of the President, be transferred to a 
national service program for performance of such person's national 
service obligation under this Act.

SEC. 9. DISCHARGE FOLLOWING NATIONAL SERVICE.

    (a) Discharge.--Upon completion or termination of the obligation to 
perform national service under this Act, 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 Act.
    (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. 10. 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. 11. RELATION OF ACT 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 2003.''.
    (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 2003.''.

SEC. 12. DEFINITIONS.

    In this Act:
            (1) The term ``military service'' means service performed 
        as a member of an active or reserve component of the uniformed 
        services.
            (2) 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 matters 
        concerning the National Oceanic and Atmospheric Administration, 
        and the Secretary of Health and Human Services, with respect to 
        matters concerning the Public Health Service.
            (3) 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.
            (4) 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.
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