[1388] in peace2
why not militarize us all...
daemon@ATHENA.MIT.EDU (Aimee L Smith)
Sun Jan 20 22:31:14 2002
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Date: Sun, 20 Jan 2002 22:31:01 -0500
From: Aimee L Smith <alsmith@MIT.EDU>
Universal Military Training and Service Act of 2001 (Introduced in the
House)
HR 3598 IH
107th CONGRESS
1st Session
H. R. 3598
To require the induction into the Armed Forces of young men registered under
the Military Selective Service Act, and to authorize young women to volunteer,
to receive basic military training and education for a period of up to one
year.
IN THE HOUSE OF REPRESENTATIVES
December 20, 2001
Mr. SMITH of Michigan (for himself and Mr. WELDON of Pennsylvania)
introduced the following bill; which was referred to the Committee on
Armed Services
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A BILL
To require the induction into the Armed Forces of young men registered under
the Military Selective Service Act, and to authorize young women to volunteer,
to receive basic military training and education for a period of up to one
year.
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Universal Military
Training and Service Act of 2001'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
Sec. 3. Basic military training and education.
Sec. 4. Period of basic military training and education.
Sec. 5. Educational services and prorated Montgomery GI Bill benefits.
Sec. 6. Role of Selective Service System.
Sec. 7. Induction of conscripts and acceptance of volunteers.
Sec. 8. Deferments and postponements.
Sec. 9. Exemptions.
Sec. 10. Military training in branch of member's choice; conscientious
objection.
Sec. 11. Pay and allowances.
Sec. 12. Discharge following training.
Sec. 13. Relation to authorized end strengths for active forces.
Sec. 14. Conforming amendments.
Sec. 15. Transitional provision.
SEC. 2. DEFINITIONS.
In this Act:
(1) The term `armed forces' means the Army, Navy, Marine Corps, Air
Force, and Coast Guard.
(2) The term `basic military training and education' means a program
consisting of--
(A) basic training established by the Secretary concerned for members
of the armed forces inducted as conscripts or accepted as volunteers
pursuant this Act;
(B) educational services described in section 4; and
(C) such specialty training as the Secretary concerned considers
appropriate.
(3) The term `between the ages of 18 and 22' refers to men who have
attained the 18th anniversary of the day of their birth and who have not
attained the 22d anniversary of the day of their birth.
(4) The term `Director' means the Director of the Selective Service
System.
(5) The term `local board' means a county local board or intercounty
local board established by the President under section 10(b) of the Military
Selective Service Act (50 U.S.C. App. 460(b)).
(6) The term `Secretary concerned' means the Secretary of Defense, with
respect to the Army, Navy, Marine Corps, and Air Force, and the Secretary of
Transportation, with respect to the Coast Guard.
(7) 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.
SEC. 3. BASIC MILITARY TRAINING AND EDUCATION.
(a) OBLIGATION FOR YOUNG MEN- It is the obligation of every male
citizen of the United States, and every other male person residing in the
United States, who is between the ages of 18 and 22 to receive basic
military training
and education as a member of the armed forces unless the citizen of
person is exempted under the provisions of this Act.
(b) ACCEPTANCE OF YOUNG WOMEN VOLUNTEERS- Female citizens of the United
States, and other female persons residing in the United States, who are
between the ages of 18 and 22 may volunteer for enlistment in the armed
forces to receive basic military training and education under this Act.
At the discretion of the Secretary concerned, the Secretary concerned may
accept such volunteers to receive such training and education.
SEC. 4. PERIOD OF BASIC MILITARY TRAINING AND EDUCATION.
(a) GENERAL RULE- Except as otherwise provided in this section, a
person inducted as a conscript or accepted as a volunteer pursuant to this
Act
shall receive basic military training and education as a member of one of the
armed forces for a period of not less than six months, but not more than one
year, as established by the Secretary concerned.
(b) EXTENDED TRAINING AND EDUCATIONAL SERVICES FOR HIGH SCHOOL
DROPOUTS- A
person inducted as a conscript or accepted as a volunteer pursuant to
this Act who has not obtained a high school diploma or its equivalent, shall
receive basic military training and education as a member of one of the armed
forces for an additional period of up to six months after the completion of
the period established for members of that armed force under subsection
(a). The Secretary concerned shall assist such members in earning the
equivalent of a high school diploma while receiving their basic military
training and education.
(c) OTHER GROUNDS FOR EXTENSION- At the discretion of the Secretary
concerned, the period of basic military training and education for a
member of the armed forces 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.
(d) TRANSFER TO NATIONAL AND COMMUNITY SERVICE PROGRAMS- The Secretary
concerned may enter into a cooperative agreement with another Federal
agency, a State or political subdivision of a State (including a State
Commission on National and Community Service maintained by a State pursuant
to section 178 of the National and Community Service Act of 1990 (42 U.S.C.
12638)), and other entities carrying out a national service program described
in section 122 of such Act (42 U.S.C. 12572) to provide for a transfer of a
person receiving basic military training and education, upon completion of
the initial military training component of the training, to complete the
remainder of the person's required service in a national service program.
(e) EARLY TERMINATION- The period of basic military training and
education for a person shall be terminated before the end of such period
under the following circumstances:
(1) The voluntary enlistment and service of the person in any of the
regular components of the armed forces for a period of at least two years.
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, 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 if such a commission is offered upon
completion of the program.
(4) Such other grounds as the Secretary concerned may establish.
(f) TREATMENT OF BASIC MILITARY TRAINING AND EDUCATION- For purposes of
computing the years of service of a member of the armed forces, any
period during which the member received basic military training and
education shall be counted.
SEC. 5. EDUCATIONAL SERVICES AND PRORATED MONTGOMERY GI BILL BENEFITS.
(a) INSTRUCTION AS PART OF MILITARY TRAINING- As part of the basic
military training and education provided under this Act, the Secretary
concerned shall include instruction in physical fitness, international
relations, military tactics, homeland security, United States and world
history, vocational training, and such other topics as the Secretary
considers appropriate.
(b) MONTGOMERY GI BILL BENEFITS- Upon the successful completion by a
person of basic military training and education as a member of one of
the armed forces, the person shall be entitled to the program of
educational assistance provided under chapter 30 of title 38, United States
Code, on a prorated basis corresponding to the period of basic military
training and education completed by the person.
SEC. 6. ROLE OF SELECTIVE SERVICE SYSTEM.
(a) IN GENERAL- The Selective Service System shall administer all
matters in connection with the induction of persons subject to the
obligation to receive basic military training and education under
section 3(a) and the registration, examination, classification,
allocation, delivery, and maintenance of records, of such persons.
(b) LOCAL BOARDS- Under rules and regulations promulgated by the
Director, the local boards shall have the power within their respective
jurisdictions to hear and determine, subject to the right of appeal to
appeal boards authorized by the Military Selective Service Act, all questions
or claims with respect to determinations of dependency, inclusion for, or
exemption or deferment from induction or allocation for basic military
training and education under this Act.
SEC. 7. INDUCTION OF CONSCRIPTS AND ACCEPTANCE OF VOLUNTEERS.
(a) IN GENERAL- Every person subject to induction for basic military
training and education under section 3(a), except those whose training is
deferred or postponed in accordance with this Act, shall be called,
inducted, and delivered by his local board to the armed forces for such
training at the time and place specified by the Director.
(b) AGE LIMITS- No person may be inducted for basic military training
and education under section 3(a), or accepted as a volunteer under section
3(b), who is not between the ages of 18 and 22.
(c) SCHEDULES FOR INDUCTION AND ACCEPTANCE OF VOLUNTEERS- Each
Secretary concerned, in consultation with the Director, shall determine
schedules to be used for the induction of persons and the acceptance of
volunteers under this Act and the number of persons to be inducted or
accepted pursuant to such schedules. The Secretary concerned may phase
in, over not longer than a 10-year period, the induction of persons subject
to the obligation to receive basic military training and education.
(d) VOLUNTARY INDUCTION- A person subject to basic military training
and education under section 3(a) may volunteer for induction at a time
other than the time at which the person is otherwise called for induction.
(e) EXAMINATION; CLASSIFICATION- Every person subject to basic military
training and education under section 3(a) and every person volunteering
for basic military training and education under section 3(b) shall, before
induction or acceptance, be physically and mentally examined, and the
appropriate local board shall classify the person.
SEC. 8. DEFERMENTS AND POSTPONEMENTS.
(a) HIGH SCHOOL STUDENTS- A person who is pursuing a standard course of
study, on a full-time basis in a high school or a similar institution of
learning shall be entitled to have his induction under section 3(a) postponed
until he obtains a high school diploma, ceases to pursue satisfactorily such
course of study, or attains the age of 20, whichever occurs first.
(b) HARDSHIP AND DISABILITY- Deferments from basic military training
and education may be made for extreme hardship or physical or mental
disability.
(c) TRAINING CAPACITY- The Secretary concerned may postpone or suspend
the induction of persons or the acceptance of volunteers 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 for basic
military training and education under this Act shall continue after the cause
of such deferment or postponement ceases to exist.
SEC. 9. EXEMPTIONS.
(a) ACCEPTED BY ARMED FORCES- No person may be inducted or accepted as
a volunteer for basic military training and education unless the person
is acceptable to the Secretary concerned for training. 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 shall apply to persons to be inducted or accepted under this
Act.
(b) OTHER MILITARY SERVICE- No person shall be liable for induction
under section 3(a) who--
(1) is serving, or has served honorably for at least six months, in any
of the armed forces 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 he satisfactorily continues in and completes two years training
therein.
SEC. 10. MILITARY TRAINING IN BRANCH OF MEMBER'S CHOICE; CONSCIENTIOUS
OBJECTION.
(a) SELECTION BY MEMBER- Subject to such limitations and standards of
qualification and selection as may be established by the Secretary
concerned to ensure a proper balance of trained manpower between the ground,
air, and naval arms, each person inducted or accepted as a volunteer under this
Act shall be entitled to request and receive training in the service of the
person's choice.
(b) CONSCIENTIOUS OBJECTORS- (1) Any person 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 the program of basic military training and education and
whose claim is sustained by the local board shall, when inducted, participate
in basic military training and education that does not include any combatant
training component. The person may be transferred to a national service
program, as provided in section 4(d).
(2) A person claiming exemption from combatant training under this
subsection shall, if such claim is not sustained by the local board, be
entitled to an appeal to the appropriate appeal board established under
the Military Selective Service Act. Each person whose claim for exemption
from combatant training because of religious training and belief is sustained
shall be listed by the local board on a register of conscientious objectors.
SEC. 11. PAY AND ALLOWANCES.
A person inducted or accepted as a volunteer under this Act and
receiving basic military training and education shall be considered to be
on active duty for purposes of pay and allowances under title 37, United
States Code, except that the monthly basic pay of the person may not exceed
35 percent of the basic pay of an enlisted member in a regular component in
the pay grade
E-1 with less than four months of service.
SEC. 12. DISCHARGE FOLLOWING TRAINING.
Upon completion or termination of the obligation to receive basic
military training and education, a person shall be discharged from the
armed forces and shall not be subject to any further training or service
under this Act. Nothing in this section shall limit or prohibit the call
to active service in the armed forces of any person who is a member of a
regular or reserve component of the armed forces.
SEC. 13. RELATION TO AUTHORIZED END STRENGTHS FOR ACTIVE FORCES.
The authorized end strengths for active duty personnel of the armed
forces do not include persons inducted or accepted into the armed forces
to receive basic military training and education.
SEC. 14. CONFORMING AMENDMENTS.
(a) TITLE 10- (1) Section 505(c) of title 10, United States Code, is
amended--
(A) by inserting `(1)' after `(c)'; and
(B) by adding at the end the following new paragraph:
'(2) Paragraph (1) does not apply to a person inducted or accepted into
the armed forces to receive basic military training and education pursuant
to the Universal Military Training and Service Act of 2001.'.
(2) Section 691 of title 10, United States Code, is amended by adding
at the end the following new subsection:
`(g) The numbers specified in subsection (b) do not include persons
inducted or accepted into the armed forces to receive basic military
training and education pursuant to the Universal Military Training and
Service Act of 2001.'.
(b) MILITARY SELECTIVE SERVICE ACT- (1) 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) RELATION TO OTHER INDUCTION AUTHORITY- This section does not apply
with respect to the induction of persons into the Armed Forces to receive
basic military training and education pursuant to the Universal Military
Training and Service Act of 2001.'.
(2) 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 Military Training and Service Act of 2001.'.
SEC. 15. TRANSITIONAL PROVISION.
A person who has obtained a high school diploma or its equivalent
before January 1, 2003, shall not be subject to the obligation under
section
3(a) to receive basic military training and education under this Act.
