Standing Between the Candle and the Star

"A second task we can take on together is to design and establish a volunteer Civilian Reserve Corps. Such a corps would function much like our military reserve. It would ease the burden on the Armed Forces by allowing us to hire civilians with critical skills to serve on missions abroad when America needs them. And it would give people across America who do not wear the uniform a chance to serve in the defining struggle of our time."

IN THE HOUSE OF REPRESENTATIVES

May 26, 2005

Mr. RANGEL introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL

To establish a national Civilian Volunteer Service Reserve program, a national volunteer service corps ready for service in response to domestic or international emergencies.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Civilian Volunteer Service Reserve Act'.

SEC. 2. FINDINGS.

Congress finds the following:

(1) The changing threats and issues that face the Nation require a new and innovative approach to mobilizing the citizenry in times of need.

(2) The Civilian Volunteer Service Reserve program offers a flexible approach to the needs of specific crises, such as natural disasters, incidents of terrorism, or other emergencies at home or abroad.

(3) Citizenship entails responsibilities as well as rights. The Civilian Volunteer Service Reserve program will challenge all Americans to sacrifice for their country.

(4) The Civilian Volunteer Service Reserve program will make it possible to draw on the vast array of skills and the ingenuity of ordinary Americans in times of need.

SEC. 3. ESTABLISHMENT.

The Secretary of Homeland Security shall establish the Civilian Volunteer Service Reserve (referred to in this Act as the `Civilian Reserve'), a national volunteer service corps ready for service in response to domestic or international emergencies, or other circumstances determined by the President pursuant to section 6.

There are a number of situations in which the Act does not apply. These include:

• National Guard units while under the authority of the governor of a state;
• Troops when used pursuant to the Federal authority to quell domestic violence as was the case during the 1992 Los Angeles riots;
• Troops used under the order of the President of the United States pursuant to the Insurrection Act
• Under 18 U.S.C. § 831, the Attorney General may request that the Secretary of Defense provide emergency assistance if civilian law enforcement is inadequate to address certain types of threat involving the release of nuclear materials, such as potential use of a Nuclear or Radiological weapon. Such assistance may be by any personnel under the authority of the Department of Defense, provided such assistance does not adversely affect U.S. military preparedness.