Uses the existing Selective Service System and local boards for induction. Sets forth criteria for deferments, postponements, and exemptions, including high school, hardship, disability, and health.
Entitles inductees to request a particular service branch. Excludes conscientious objectors from combatant training, but otherwise requires them to take basic training before a permitted transfer to a national service program.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3598 Introduced in House (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
_______________________________________________________________________
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 or 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
Executive Comment Requested from DOD.
Referred to the Subcommittee on Military Personnel.
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