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Legislation
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1506003
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Legislation
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Charles E. Goodell Papers
Presidential Clemency Board Subject Files
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Amnesty
Legislation
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The original documents are located in Box 7, folder "Legislation" of the Charles E. Goodell
Papers at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Charles Goodell donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 7 of the Charles E. Goodell Papers at the Gerald R. Ford Presidential Library
94TH CONGRESS
1ST SESSION
H. R. 1229
IN THE HOUSE OF REPRESENTATIVES
JANUARY 14, 1975
Ms. ABZUG introduced the following bill; which was referred to the Com-
mittee on the Judiciary
A
BILL
To exonerate and to provide for a general and unconditional
amnesty for certain persons who have violated or are alleged
to have violated laws in the course of protest against the
involvement of the United States in Indochina, and for
other purposes.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That this Act may be cited as the "War Resisters Exonera-
4 tion Act of 1975".
5
FINDINGS AND DECLARATION
6
SEC. 2. (a) The Congress finds and declares that a
7 general and unconditional amnesty, with full restoration of
8 all civil, political, property, and other rights is a necessary
I
2
3
1 measure, after the cessation of United States military opera-
1
(2) immunize the grantee from criminal prosecu-
2 tions in Indochina, for the reconciliation and reinstatement of
2
tion for such violation;
3 persons who have been prosecuted, or who may be subject
3
(3) expunge all notation relating to such violation
4 to prosecution, for failing to comply with any requirement of,
4
from the records of law enforcement agencies and cause
5 or relating to, service in the Armed Forces during the in-
5
an appropriate entry to be made in relevant public
6 volvement of the United States in Indochina, or for engaging
6
records;
7 in any nonviolent activity or activity justified by deeply held
7.
(4) require the granting of an honorable discharge
8 moral or ethical belief in protest of, or opposition to, the
8
to any person who received a discharge other than an
9 involvement of the United States in Indochina.
9
honorable discharge from the Armed Forces if such vio-
10
(b) The Congress further finds and declares that it is an
10,
lation was solely the cause, or a substantial cause, of the
11 immunity of citizens of the United States (within the mean-
11
granting of such other than honorable discharge;
12 ing of section 1 of the fourteenth amendment to the Constitu-
12
(5) require that the honorable discharge from the
13 tion of the United States) to enjoy the annulment of all legal
13
Armed Forces granted by subsection (4) of this section
14 disadvantages that have been incurred or suffered by reason
14
contain no indication of any kind of the reason for the
15 of opposition to the involvement of the United States in
15
discharge;
16 Indochina, to the greatest extent consistent with the preserva-
16
(6) nullify all other legal consequences of such
17 tion of life and property.
17
violation and entitle the grantee to indicate in any man-
18
EFFECT OF GENERAL AMNESTY
18
ner that such violation never occurred.
b]
19
SEC. 3. The general amnesty granted by or under this
19
AUTOMATIC GENERAL AMNESTY
01
20 Act shall, with respect to any violation of law enumerated
20
SEC. 4. (a) Notwithstanding any other provision of
21 in section 4 or covered under section 6-
21 law, general amnesty is hereby granted to any person for
22
(1) restore to the grantee all civil, political, citizen-
22 violation of one or more of the laws enumerated in this sec.
23
ship, and property rights which have been or might be
23 tion or regulations and policies promulgated pursuant there-
24
lost, suspended, or otherwise limited as a consequence
24 to, if such violation was committed between January 1,
25
of such violation;
25 1961, and November 22, 1974. Such amnesty is automatic,
5
4
1 and no application to the Amnesty Commission or any other
1
(q) section 901,
2
2 agency is necessary to effectuate it.
(r) section 904,
3
(b) General amnesty is granted for violations of any
3
(s) section 905,
4
(t) section 915,
4 of the following laws:
(1) Section 6 (j) of the Military Selective Service Act
5
(u) section 917,
5
6
(v) section 933,
6
(50 App. U.S.C. 456 (j) )
.
7
(2) Section 12 of the Military Selective Service Act
7
(w) section 934.
8
(4) Section 1381 of title 18, United States Code.
8
(50 App. U.S.C. 462)
(3) The following sections of title 10, United States
9
(5) Section 2387 of title 18, United States Code.
9
10 Code (Articles of the Uniform Code of Military Justice) :
10
AMNESTY COMMISSION
11
SEC. 5. (a) There is established a commission to be
11
(a) section 881,
12 known as the Amnesty Commission (hereinafter in this Act
12
(b) section 882,
13 referred to as the "Commission")
13
(c) section 883,
14
(b) The Commission shall be composed of five members,
14
(d) section 885,
15 qualified to serve on the Commission by virtue of their edu-
15
(e) section 886,
16 cation, training, or experience. Members shall be nominated
16
(f) section 887,
17 by the President, to be appointed with the confirmation of
17
(g) section 888,
18 the Senate of the United States, as follows:
18
(h) section 889,
(i) section 890 (2),
19
(1) At least two members shall be female.
19
20
(k) section 891 (2), (3),
20
(2) At least two members shall be from racial
21
minorities.
21
(1) section 892,
(m) section 894,
22
(3) At least two members shall not have served in
22
(n) section 895,
23
the Armed Forces of the United States.
23
24
(o) section 899,
24 Individuals who are officers or employees of any government
25
(p) section 900.
25 are not eligible for nomination to the Commission. A vacancy
19
7
1 in the Commission shall be filled in the manner in which the
1. department or agency of the United States information neces-
2 original nomination was made.
2 sary to enable it to carry out this section. Upon request of
3
(c) Members shall be nominated and confirmed for the
3 the Chairperson of the Commission, the head of such depart-
4 life of the Commission.
4 ment or agency shall furnish such information to the
5
(d) (1) Members of the Commission shall each be
5 Commission,
6 entitled to receive an annual salary equal to the annual salary
6
(2) The Commission may use the United States mails
7 payable to a judge of a United States district court.
7 in the same manner and upon the same conditions as other
8
(2) WhileFaway from their homes or regular places of
8 departments and agencies of the United States.
9 business in the performance of services for the Commission,
9
(3) The Administrator of General Services shall pro-
10 members of the Commission shall be allowed travel expenses,
10 vide to the Commission on a reimbursable basis such admin-
11 including per diem in lieu of subsistende, in the same manner
11 istrative support services as the Commission may request.
12 as persons employed intermittently in the Government/service
12
GRANT OF GENERAL AMNESTY BY THE COMMISSION SI
13 are allowed expenses under section 5703 (b) of title 5 of the
13
SEC. 6. (a) Notwithstanding any other provision of law,
14, United States Code.
14 the Commission shall grant general amnesty as provided for
15
(e) Three members of the Commission shall constitute a
15 in section 3 of this Act to any individual who, during the
16 quorum. The Chairperson of the Commission shall be elected
16 period beginning January 1, 1961, and ending on November
17 by the members of the Commission. All decisions of the
17 22, 1974, violated any Federal law (other than one enumer-
18 Commission shall be by majority vote.
18 ated in section 4 of this Act) or State or local law if the
19
(f) The Commission may appoint /and fix the payeof
19 Commission finds that-
20 such personnel as it deems desirable, including such hearing
20
(1) such violation was in substantial part motivated
21 examiners as are necessary for proceedings under this section.
21
by the individual's opposition to, or protest against, the
22 The provisions applicable to hearing examiners appointed
22
involvement of the United States in Indochina; and
23 under section 3105 of title 5: are applicable to hearing ex-
23
(2) the individual was not personally responsible
24 aminers appointed pursuant to this subsection.
24
for any significant property damage or substantial per-
25
(g) (1) The Commission may secure directly from any
8
9
1
sonal injury to others in the course of his violation of
1 mission pursuant to this subsection shall be conclusive upon
2
any such law;
2 the military board concerned and is not reviewable by any
3 except that, in any case in which the Commission finds that
3 agency or member of the Armed Forces or any civilian officer
4 an individual was personally responsible for significant prop-
)
4 of the Military Establishment.
5 crty damage or substantial personal injury to others in the
)
5
(c) Any individual desiring amnesty under this sec-
6 course of his violation of any such law, the Commission shall
6 tion, or review of the decision by a military board to deny
7 grant amnesty if it finds that such conduct was justifiable on
7 him an honorable discharge or discharge free of indica-
8 the basis of a moral or ethical belief deeply held by the
8
tion of the reason for such discharge, shall make application
9 individual.
9
therefor to the Commission in such form as it shall prescribe.
10
(b) (1) Whenever the Commission grants general am-
10
The Commission shall not receive any application for am-
11 nesty under this section to an applicant who received a dis-
11
nesty or discharge review under this Act after the close of
12 charge other than an honorable discharge from the Armed
12
the forty-eighth month after the month in which this section
13 Forces, it shall make a finding as to whether any violation
13
takes effect.
14
of law for which general amnesty is granted was solely the
14
(d) Any application for amnesty or discharge review
15
cause, or a substantial cause, of the granting of such dis-
15
which is timely filed shall be determined on the record after
16
charge.
)
16
opportunity for hearing in accordance with sections 554,
17
)
17
(2) The Commission shall also have jurisdiction to hear
556, and 557 of title 5, United States Code. entire rec-
18
18
and determine applications from individuals entitled to auto-
ord developed at the hearing on any application shall be
19
matic amnesty under section 4 of this Act and aggrieved by
19
certified to the Commission for decision.
20
20
the refusal of the military board concerned to grant an hon-
(e) Any applicant may obtain judicial review of a de-
21
21
orable discharge to him under section 3 (4) of this Act,
cision by the Commission which is adverse to him by filing a
22
22
or to grant an honorable discharge free from any indication
petition for review in the United States court of appeals for
23
23
of the reason for such discharge under section 3 (5) of this
the circuit wherein he resides within sixty days after the
24
24
Act.
date on which the decision is made. The Commission shall
25
25
(3) Any finding or determination made by the Com-
thereupon file in the court the record of the proceedings on
10
11
1 which the Commission based its decision, as provided in sec-
1 that he renounced such citizenship or became naturalized in
2 tion 2112 of title 28. The court shall have jurisdiction to re-
2 a foreign country, solely or partly because of disapproval
3 view the decision in ;accordance with chapter 7 of title 5
3 of involvement of the United States in Indochina shall :be
4 and to grant appropriate relief as provided for in such chap-
4 fully and unconditionally restored.
5 ter.
5
(d) Uponlsworn written statement to the Department
6.1
(f) Any individual not able to apply to the Commission
6 of Immigration and Nationality of the United States, any
7, for a determination, under subsection (b) (2) of this subsec-
7 former citizen of the United States who states that he re-
8 tion because the decision of the military board. concerned
8 nonneed such eitizenship or who became naturalized in a
9 to deny him an honorable discharge or discharge without
9 foreign country; solely or partly because of disapproval of
10. indication as to reason for such discharge was made afteria
10 involvement of the United States in Indochina, shall be
11 date sixty days prior to the closing date specified in subsec-
11 exempted from the provisions of section 212 (a) (22) of
12 tion (c) of this section may obtain judicial review of such
12 the Immigration and Nationality Act (section 1182 (a) (22)
13 decision by filing a petition for review in the United States
13 of title 8, United States Code) To
14 district court for the district wherein he resides within sixty
14
SUITS IN THE DISTRICT COURTS
15 days after the date of such decision. The military board con-
15
SEC. 8. (a) The district courts of the United States shall
16, cerned shall thereupon, file in the court the record of the
16 have jurisdiction without regard to the amount in controversy
17 proceedings on which the board based its decision. The court
17 to hear actions brought to redress the deprivation of rights
18 shall have jurisdiction to review the decision of the mili-
18 granted by section 3 of this Act, and to grant such legal and
19 tary board in accordance with chapter 7, of title 5, United
19 equitable relief as may be appropriate.
20 States Code, and to grant appropriate relief as provided
20
(b) Notwithstanding the provisions of section 2283 of
21, for in such chapter.
21 title 28, United States Code, or any successor provision
22
RESTORATION OF CITIZENSHIP
22 thereto, a district court hearing an action brought pursuant
23
SEC. 7, (a) Upon petition to any district court of the
23 to subsection (a) of this section may grant injunctive relief
24 United States, by petitioner or a legal representative, the
24 staying proceedings in a State court.
25 United States citizenship of any former citizen who states
12
1
AUTHORIZATION OF APPROPRIATIONS
2
SEC. 9. There are authorized to be appropriated such
3 sums as may be necessary to carry out the provisions of this
4 Act.
5
SEPARABILITY OF PROVISIONS
6
SEC. 10. If any provision of this Act or the application
7 thereof to any person or circumstance is held invalid, the
8 remainder of the Act and the application of the provision to
9 other persons or to other circumstances shall not be affected
10 thereby.
11
EFFECTIVE DATE
12
SEC. 11. Sections 4, 6, 7, and 8 of this Act shall take
13 effect upon the date of enactment of this Act.
94TH CONGRESS
1sT SESSION
H. R. 1229
A
BILL
To exonerate and to provide for a general and
unconditional amnesty for certain persons
who have violated or are alleged to have
violated laws in the course of protest against
the involvement of the United States in
Indochina, and for other purposes.
By Ms. ABZUG
JANUARY 14, 1975
Referred to the Committee on the Judiciary
94TH CONGRESS
1ST SESSION
H.R.353
IN THE HOUSE OF REPRESENTATIVES
JANUARY 14, 1975
Mr. DELLUMS introduced the following bill; which was referred to the Com-
mittee on the Judiciary
A
BILL
To exonerate and to provide for a general and unconditional
amnesty for certain persons who have violated or are
alleged to have violated laws in the course of protest
against the involvement of the United States in Indochina,
and for other purposes.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That this Act may be cited as the "War Resisters Exonera-
4 tion Act of 1975".
5
FINDINGS AND DECLARATION
6
SEC. 2. (a) The Congress finds and declares that a
7 general and unconditional amnesty, with full restoration of
8 all civil, political, property, and other rights is a necessary
I-0
2
3
1
measure, since the cessation of United States military opera-
1
(2) immunize the grantee from criminal prosecution
2 tions in Indochina, for the reconciliation and reinstatement
2
for such violation;
3
of persons who have been prosecuted, or who may be subject
3
(3) expunge all notation relating to such violation
4 to prosecution, for failing to comply with any requirement of,
4
from the records of courts and law enforcement agencies;
5
or relating to, service in the Armed Forces during the in-
5
(4) require the granting of an honorable discharge
6
volvement of the United States in Indochina, or for engaging
6
to any person who received a discharge other than an
7
in any nonviolent activity or activity justified by deeply
7
honorable discharge from the Armed Forces if such vio-
8 held moral or ethical belief in protest of, or opposition to,
8
lation was solely the cause, or a substantial cause, of the
9 the involvement of the United States in Indochina.
9
granting of such other than honorable discharge; and
10
(b) The Congress further finds and declares that it is
10
(5) nullify all other legal consequences of such
11
an immunity of citizens of the United States (within the
11
violation.
12 meaning of section 1 of the fourteenth amendment to the
12
AUTOMATIC GENERAL AMNESTY
13 Constitution of the United States) to enjoy the annulment of
13
SEC. 4. (a) Notwithstanding any other provision of law,
14 all legal disadvantages that have been incurred or suffered
14
general amnesty is hereby granted to any person for viola-
15 by reason of opposition to the involvement of the United
15 tion of one or more of the laws enumerated in this section,
16 States in Indochina, to the greatest extent consistent with
16
or regulations and policies promulgated pursuant thereto, if
17 the preservation of life and property.
17 such violation was committed between August 4, 1964, and
18
EFFECT OF GENERAL AMNESTY
18 the effective date of this section. Such amnesty is automatic,
19
SEC. 3. The general amnesty granted by or under this
19 and no application to the Amnesty Commission or any other
20
Act shall, with respect to any violation of law enumerated
20
agency is necessary to effectuate it.
21 in section 4 or covered under section 6-
21
(b) General amnesty is granted for violations of any
22
(1) restore to the grantee all civil, political, citizen-
22
of the following laws:
23
ship and property rights which have been or might be
23
(1) Section 12 of the Military Selective Service Act
24
lost, suspended, or otherwise limited as a consequence
24
(50 App. U.S.C. 462) with respect to the following pro-
25
of such violation;
25
hibited acts-
4
5
1
(A) evading or refusing registration, evading or
1
(5) Section 888 of title 10, United States Code, which
2
refusing induction into the Armed Forces, or willfully
2 prohibits using contemptuous words against the President,
3
failing to perform any other duty under such Act, or
3 the Vice President, Congress, the Secretary of Defense,
4
conspiring to do so;
4 the Secretary of a military department, the Secretary of the
5
(B) knowingly counseling, aiding, or abetting
5 Treasury, or the Governor or legislature of any State, terri-
6
others to refuse or evade registration or service in the
6 tory, Commonwealth, or possession on which he is on duty or
7
Armed Forces of the United States, or conspiring to
7 present while a commissioned officer in the United States
8
do so; or
8 Armed Forces.
9
(C) publicly and knowingly destroying or muti-
9
(6) Section 1381 of title 18, United States Code, which
10
lating any registration or classification card issued or
10 prohibits the enticing or procuring, or conspiring or attempt-
11
prescribed pursuant to such Act and knowingly vio-
11 ing to entice or procure any person in the Armed Forces of
12
lating or evading any of the provisions of such Act, or
12 the United States, or who has been recruited for service
13
rules and regulations promulgated pursuant thereto
13 therein, to desert therefrom, or aiding any such person in
14
relating to the issuance, transfer, or possession of any
14 deserting, or in attempting to desert from such service; or
15
registration or classification card.
15 harboring, concealing, protecting, or assisting any such per-
16
(2) Section 882 of title 10, United States Code, which
16 son who may have deserted from such service, knowing him
17 prohibits the soliciting or advising another, or attempting
17 to have deserted therefrom, or refusing to give up and de-
18 to solicit or advise others, to desert the Armed Forces of
18 liver such person on the demand of any officer authorized to
19 the United States.
19 receive him.
20
(3) Sections 885 and 886 of title 10, United States
20
(7) Section 2387 of title 18, United States Code, which
21 Code, which prohibit deserting or going absent without
21 prohibits the advising, counseling, urging or in any manner
22 leave from the Armed Forces of the United States.
22 causing. or attempting to cause insubordination, disloyalty,
23
(4) Section 887 of title 10, United States Code,
23 mutiny, or refusal of duty by any member of the military or
24
which prohibits missing the movement of a ship, aircraft, or
24 naval forces of the United States, with the intent to inter-
25
unit with which it is required in the course of duty to move.
6
7
1 fere with, impair, or influence the loyalty, morale, or disci-
1 entitled to receive an annual salary equal to the annual
2 pline of the military or naval forces of the United States.
2 salary payable to a judge of a United States district court.
3
AMNESTY COMMISSION
3
(2) While away from their homes or regular places
4
SEC. 5. (a) There is established a commission to be
4 of business in the performance of services for the Commission,
5 known as the Amnesty Commission (hereinafter in this Act
5 members of the Commission shall be allowed travel expenses,
6 referred to as the "Commission").
6 including per diem in lieu of subsistence, in the same manner
7
(b) The Commission shall be composed of five mem-
7 as persons employed intermittently in the Government serv-
8 bers, qualified to serve on the Commission by virtue of their
.8 ice are allowed expenses under section 5703 (b) of title 5
9
education, training, or experience, as follows:
9 of the United States Code.
10
(1) One appointed by the President.
10
(e) Three members of the Commission shall constitute
11
(2) One appointed by the President pro tempore
11 a quorum. The Chairman of the Commission shall be elected
12
of the Senate.
12 by the members of the Commission.
13
(3) One appointed by the Speaker of the House of
13
(f) The Commission may appoint and fix the pay of
14
Representatives.
14 such personnel as it deems desirable, including such hearing
15
(4) One appointed by the minority leader of the
15 examiners as are necessary for proceedings under this
16
Senate.
16 section. The provisions applicable to hearing examiners ap-
17
(5) One appointed by the minority leader of the
17 pointed under section 3105 of title 5 are applicable to hear-
18
House of Representatives.
18 ing examiners appointed pursuant to this subsection.
19 Individuals who are officers or employees of any government
19
(g) (1) The Commission may secure directly from any
20
are not eligible for appointment to the Commission. A va-
20 department or agency of the United States information neces-
21
cancy in the Commission shall be filled in the manner in
21 sary to enable it to carry out this section. Upon request of
22
which the original appointment was made.
22 the Chairman of the Commission, the head of such depart-
23
(c) Members shall be appointed for the life of the
23 ment or agency shall furnish such information to the
24
Commission.
24 Commission.
25
(d) (1) Members of the Commission shall each be
8
9
1
(2) The Commission may use the United States mails
1 grant amnesty if it finds that such conduct was justifiable on
2 in the same manner and upon the same conditions as other
2 the basis of a moral or ethical belief deeply held by the
3 departments and agencies of the United States.
3 individual.
4
(3) The Administrator of General Services shall pro-
4
(b) (1) Whenever the Commission grants general am-
5 vide to the Commission on a reimbursable basis such admin-
5 nesty under this section to an applicant who received a dis-
6 istrative support services as the Commission may request.
6 charge other than an honorable discharge from the Armed
7
GRANT OF GENERAL AMNESTY BY THE COMMISSION
7 Forces, it shall make a finding as to whether any violation
8
SEC. 6. (a) Notwithstanding any other provision of law,
8 of law for which general amnesty is granted was solely the
9 the Commission shall grant general amnesty as provided for
9 cause, or a substantial cause, of the granting of such dis-
10 in section 3 of this Act to any individual who, during the
10 charge.
11 period beginning August 5, 1964, and ending on the effective
11
(2) The Commission shall also have jurisdiction to hear
12 date of this Act, violated any Federal law (other than one
12 and determine applications from individuals entitled to auto-
13 enumerated in section 4 of this Act) or State or local law
13 matic amnesty under section 4 of this Act and aggrieved by
14 if the Commission finds that-
14 the refusal of the military board concerned to grant an hon-
15
(1) such violation was in substantial part motivated
15 orable discharge to him under section 3 (4) of this Act.
16
by the individual's opposition to, or protest against, the
16
(3) Any finding or determination made by the Com-
17
involvement of the United States in Indochina; and
17 mission pursuant to this subsection shall be conclusive upon
18
(2) the individual was not personally responsible
18 the military board concerned and is not reviewable by any
19
for any significant property damage or substantial per-
19 agency or member of the Armed Forces or any civilian
20
sonal injury to others in the course of his violation of
20 officer of the military establishment.
21
any such law;
21
(c) Any individual desiring amnesty under this section,
22 except that, in any case in which the Commission finds that
22 or review of the decision by a military board to deny him
23 an individual was personally responsible for significant prop-
23 an honorable discharge, shall make application therefor to
24 erty damage or substantial personal injury to others in the
24 the Commission in such form as it shall prescribe. The Com-
25 course of his violation of any such law, the Commission shall
25 mission shall not receive any application for amnesty or
10
11
1 discharge review under this Act after the close of the forty-
1 sixty days prior to the closing date specified in subsection
2 eighth month after the month in which this section takes
2 (c) of this section may obtain judicial review of such deci-
3 effect.
3 sion by filing a petition for review in the United States
4
(d) Any application for amnesty or discharge review
4 district court for the district wherein he resides within sixty
5
which is timely filed shall be determined on the record
5 days after the date of such decision. The military board
6 after opportunity for hearing in accordance with sections 554,
6 concerned shall thereupon file in the court the record of the
7 556, and 557 of title 5, United States Code. The entire
7 proceedings on which the board based its decision. The court
8 record developed at the hearing on any application shall be
8 shall have jurisdiction to review the decision of the military
9 certified to the Commission for decision. All decisions of the
9 board in accordance with chapter 7 of title 5, United States
10 Commission shall be by majority vote.
10 Code, and to grant appropriate relief as provided for in such
11
(e) Any applicant may obtain judicial review of a
11 chapter.
12 decision by the Commission which is adverse to him by
12
RESTORATION OF CITIZENSHIP
13 filing a petition for review in the United States court of
13
SEC. 7. Upon petition to any district court of the United
14
appeals for the circuit wherein he resides within sixty days
14 States, the United States citizenship of any former citizen
15 after the date on which the decision is made. The Commis-
15
who states that he renounced such citizenship solely or partly
16
sion shall thereupon file in the court the record of the pro-
16 because of disapproval of involvement of the United States
17
ceedings on which the Commission based its decision, as
17 in Indochina shall be fully and unconditionally restored.
18
provided in section 2112 of title 28. The court shall have
18
SUITS IN THE DISTRICT COURTS
19 jurisdiction to review the decision in accordance with
19
SEC. 8. (a) The district courts of the United States
20
chapter 7 of title 5 and to grant appropriate relief as pro-
20
shall have jurisdiction without regard to the amount in con-
21
vided for in such chapter.
21
troversy to hear actions brought to redress the deprivation
22
(f) Any individual not able to apply to the Commission
22
of rights granted by section 3 of this Act, and to grant such
23
for a determination under subsection (b) (2) of this sub-
23
legal and equitable relief as may be appropriate.
24
section because the decision of the military board concerned
24
(b) Notwithstanding the provisions of section 2283 of
25
to deny him an honorable discharge was made after a date
25
title 28, United States Code, or any successor provision
12
1 thereto, a district court hearing an action brought pursuant
2 to subsection (a) of this section may grant injunctive relief
3 staying proceedings in a State court.
4
AUTHORIZATION OF APPROPRIATIONS
5
SEC. 9. There are authorized to be appropriated such
6 sums as may be necessary to carry out the provisions of this
7 Act.
8
SEPARABILITY OF PROVISIONS
9
SEC. 10. If any provision of this Act or the application
10 thereof to any person or circumstance is held invalid, the
11 remainder of the Act and the application of the provision
12 to other persons or to other circumstances shall not be affected
13 thereby.
14
EFFECTIVE DATES
15
SEC. 11. Sections 4, 6, 7, and 8 of this Act shall take
16
effect upon enactment of this Act.
94TH CONGRESS
1ST SESSION
H. R. 353
A BILL
To exonerate and to provide for a general and
unconditional amnesty for certain persons
who have violated or are alleged to have vio-
lated laws in the course of protest against
the involvement of the United States in
Indochina, and for other purposes.
By Mr. DELLUMS
JANUARY 14, 1975
Referred to the Committee on the Judiciary
94TH CONGRESS
1ST SESSION
H. R. 2230
IN THE HOUSE OF REPRESENTATIVES
JANUARY 28, 1975
Mr. McCLoskey introduced the following bill; which was referred to the Com-
mittee on the Judiciary
A
BILL
To offer amnesty to persons who have failed or refused to register
for the draft or who have failed, or refused induction into the
Armed Forces of the United States, or have deserted the
Armed Forces, and for other purposes.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That this Act may be cited as the "Amnesty Act of 1975".
4
SECTION 1. (a) Notwithstanding any other provision of
5 law, any person who has evaded or refused registration under
6 the Military Selective Service Act between August 4, 1964,
7 and January 27, 1973, or has evaded or refused induction in
8 the Armed Forces of the United States under such Act be-
9 tween such dates is hereby granted immunity from prosecu-
I-0
2
3
1 tion and punishment under section 12 of the Military Selec-
1 be released from prison, and the remaining portion of any
2 tive Service Act, and all other laws, on account of any such
2 punishment shall be waived.
3 evasion or failure to register under such Act or refusal to be
3
(c) Any pending legal proceedings brought against any
4 inducted under such Act, as the case may be, and;
4 person as a result of his evading or failing to register under
5
(b) Notwithstanding any other provision of the law, any
5 the Military Selective Service Act between August 4, 1964,
6 member of the United States Armed Forces who deserted
6 and January 27, 1973, or for evading or refusing induction
7 from the military during the period between August 4, 1964,
7 in the Armed Forces of the United States under such Act
8 and January 27, 1973, is hereby granted immunity from
8 between such dates, or for desertion of the Armed Forces
9 prosecution and punishment under the Uniform Code of Mili-
9 of the United States under the Uniform Code of Military
10 tary Justice on account of any such desertion or other act, as
10 Justice between such dates, shall be dismissed by the United
11 the case might be if not later than one year after the effective
11 States.
12 date of this Act, such person presents himself to the Attorney
12
SEC. 3. (a) It is the sense of the Congress that the
13 General of the United States or other such official or officials
13 President grant a pardon to any. person convicted of any
14
as may be designated by the Attorney General.
14 offense described in section 1 of this Act.
15
SEC. 2. (a) Any person who has been convicted and is
15
(b) In any case in which a person has been convicted
16
serving a prison sentence for evading or failing to register
16 of an offense described in section 1 of this Act and has been
17
under the Military Selective Service Act between August 4,
17 released from prison or given a suspended sentence, it is the
18 1964, and January 27, 1973, or for evading or refusing in-
18 sense of the Congress that the President grant a pardon to
19 duction in the Armed Forces of the United States under
19 such person for such offense.
20
such Act between such dates shall be released from prison,
20
SEC. 4. The provisions of sections 2 and 3 of this Act
21
and the remaining portion of any punishment shall be waived.
21 shall not apply in the case of any person otherwise eligible
22
(b) Any person who has been convicted and is serving
22 for the benefits of such provisions of such person (1) is
23
a prison sentence for desertion of the Armed Forces under
23 serving a prison sentence for an offense not described in sec-
24
the Uniform Code of Military Justice for actions which took
24 tion 1 of this Act, or is scheduled to serve, immediately after
25
place between August 4, 1964, and January 27, 1973, shall
25 completion of his sentence for an offense described in sec-
5
4
1 tion 1 of this Act, a prison term for any other offense for
1 other persons or to other circumstances shall not be affected
2 which he has been convicted or (2) is wanted for trial for
2 thereby.
3 any other alleged offense, unless the President determines
3
SEC. 10. This Act shall be effective ninety days after
4 that the public interest would be better served by affording
4 enactment by the Congress of the United States.
5 such person the benefits of this Act.
6
SEC. 5. The Attorney General is authorized to issue such
7 rules and regulations as may be necessary to carry out ef-
8 fectively the provisions of this Act.
9
SEC. 6. All references in this Act to the Military Selec-
10 tive Service Act and the Uniform Code of Military Justice
11 shall be deemed to include a reference to previous correspond-
12 ing Acts.
13
SEC. 7. Upon petition to any district court of the United
14 States, the United States citizenship of any former citizen
15 who states that he renounced such citizenship solely or partly
16 because of disapproval of involvement of the United States
17 in Indochina shall be fully and unconditionally restored.
18
SEC. 8. There are authorized to be appropriated such
19 sums as may be necessary to carry out the provisions of this
20 Act.
21
SEC. 9. If any provision of this Act or the application
22 thereof to any person or circumstance is held invalid, the re-
23 mainder of the Act and the application of the provision to
94TH CONGRESS
1ST SESSION
H. R. 2230
A
BILL
To offer amnesty to persons who have failed or
refused to register for the draft or who have
failed, or refused induction into the Armed
Forces of the United States, or have deserted
the Armed Forces, and for other purposes.
By Mr. McCLOSKEY
JANUARY 28, 1975
Referred to the Committee on the Judiciary
94TH CONGRESS
1ST SESSION
H. R. 2568
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 3, 1975
Ms. ABZUG (for herself, Mr. CONYERS, Mr. EDWARDS of California, Mr. HAR-
RINGTON, Ms. HOLTZMAN, Mr. MITCHELL of Maryland, Mr. ROSENTHAL, and
Mr. WAXMAN) introduced the following bill; which was referred to the
Committee on the Judiciary
A
BILL
To exonerate and to provide for a general and unconditional
amnesty for certain persons who have violated or are alleged
to have violated laws in the course of protest against the
involvement of the United States in Indochina, and for
other purposes.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That this Act may be cited as the "War Resisters Exonera-
4 tion Act of 1975".
5
FINDINGS AND DECLARATION
6
SEC. 2. (a) The Congress finds and declares that a
7 general and unconditional amnesty, with full restoration of
8 all civil, political, property, and other rights is a necessary
I-0
2
3
1 measure, after the cessation of United States military opera-
1
(2) immunize the grantee from criminal prosecu-
2 tions in Indochina, for the reconciliation and reinstatement of
2
tion for such violation;
3 persons who have been prosecuted, or who may be subject
3
(3) expunge all notation relating to such violation
4 to prosecution, for failing to comply with any requirement of,
4
from the records of law enforcement agencies and cause
5 or relating to, service in the Armed Forces during the in-
5
an appropriate entry to be made in relevant public
6 volvement of the United States in Indochina, or for engaging
6
records;
7 in any nonviolent activity or activity justified by deeply held
7
(4) require the granting of an honorable discharge
8 moral or ethical belief in protest of, or opposition to, the
8
to any person who received a discharge other than an
9 involvement of the United States in Indochina.
9
honorable discharge from the Armed Forces if such vio-
10
(b) The Congress further finds and declares that it is an
10
lation was solely the cause, or a substantial cause, of the
11 immunity of citizens of the United States (within the mean-
11
granting of such other than honorable discharge;
12 ing of section 1 of the fourteenth amendment to the Constitu-
12
(5) require that the honorable discharge from the
13 tion of the United States) to enjoy the annulment of all legal
13
Armed Forces granted by subsection (4) of this section
14 disadvantages that have been incurred or suffered by reason
14
contain no indication of any kind of the reason for the
15 of opposition to the involvement of the United States in
15
discharge;
16 Indochina, to the greatest extent consistent with the preserva-
16
(6) nullify all other legal consequences of such
17 tion of life and property.
17
violation and entitle the grantee to indicate in any man-
18
EFFECT OF GENERAL AMNESTY
18
ner that such violation never occurred.
19
SEC. 3. The general amnesty granted by or under this
19
AUTOMATIC GENERAL AMNESTY
20 Act shall, with respect to any violation of law enumerated
20
SEC. 4. (a) Notwithstanding any other provision of
21 in section 4 or covered under section 6-
21 law, general amnesty is hereby granted to any person for
22
(1) restore to the grantee all civil, political, citizen-
22 violation of one or more of the laws enumerated in this sec-
23
ship, and property rights which have been or might be
23 tion or regulations and policies promulgated pursuant there-
24
lost, suspended, or otherwise limited as a consequence
24 to, if such violation was committed between January 1,
25
of such violation;
25 1961, and November 22, 1974. Such amnesty is automatic,
4
5
1 and no application to the Amnesty Commission or any other
1
(q) section 901,
2 agency is necessary to effectuate it.
2
(r) section 904,
3
(b) General amnesty is granted for violations of any
3
(s) section 905,
4 of the following laws:
4
(t) section 915,
5
(1) Section 6 (j) of the Military Selective Service Act
5
(u) section 917,
6
(50 App. U.S.C. 456 (j) ) .
6
(v) section 933,
7
(2) Section 12 of the Military Selective Service Act
7
(w) section 934.
8
(50 App. U.S.C. 462) .
8
(4) Section 1381 of title 18, United States Code.
9
(3) The following sections of title 10, United States
9
(5) Section 2387 of title 18, United States Code.
10 Code (Articles of the Uniform Code of Military Justice) :
10
AMNESTY COMMISSION
11
(a) section 881,
11
SEC. 5. (a) There is established a commission to be
12
(b) section 882,
12 known as the Amnesty Commission (hereinafter in this Act
13
(c) section 883,
13 referred to as the "Commission")
14
(d) section 885,
14
(b) The Commission shall be composed of five members,
15
(e) section 886,
15 qualified to serve on the Commission by virtue of their edu-
16
(f) section 887,
16 cation, training, or experience. Members shall be nominated
17
(g) section 888,
17 by the President, to be appointed with the confirmation of
18
(h) section 889,
18 the Senate of the United States, as follows:
19
(i) section 890 (2),
19
(1) At least two members shall be female.
20
(k) section 891 (2), (3),
20
(2) At least two members shall be from racial
21
(1) section 892,
21
minorities.
22
(m) section 894,
22
(3) At least two members shall not have served in
23
(n) section 895,
23
the Armed Forces of the United States.
24
(o) section 899,
24 Individuals who are officers or employees of any government
25
(p) section 900.
25 are not eligible for nomination to the Commission. A vacancy
6
7
1 in the Commission shall be filled in the manner in which the
1 department or agency of the United States information neces-
2 original nomination was made.
2 sary to enable it to carry out this section. Upon request of
3
(c) Members shall be nominated and confirmed for the
3 the Chairperson of the Commission, the head of such depart-
4 life of the Commission.
4 ment or agency shall furnish such information to the
5
(d) (1) Members of the Commission shall each be
5 Commission.
6 entitled to receive an annual salary equal to the annual salary
6
(2) The Commission may use the United States mails
7 payable to a judge of a United States district court.
7 in the same manner and upon the same conditions as other
8
(2) While away from their homes or regular places of
8 departments and agencies of the United States.
9 business in the performance of services for the Commission,
9
(3) The Administrator of General Services shall pro-
10 members of the Commission shall be allowed travel expenses,
10 vide to the Commission on a reimbursable basis such admin-
11 including per diem in lieu of subsistence, in the same manner
11 istrative support services as the Commission may request.
12 as persons employed intermittently in the Government service
12
GRANT OF GENERAL AMNESTY BY THE COMMISSION
13 are allowed expenses under section 5703 (b) of title 5 of the
13
SEC. 6. (a) Notwithstanding any other provision of law,
11 United States Code.
14 the Commission shall grant general amnesty as provided for
15
(e) Three members of the Commission shall constitute a
15 in section 3 of this Act to any individual who, during the
16 quorum. The Chairperson of the Commission shall be elected
16 period beginning January 1, 1961, and ending on November
17 by the members of the Commission. All decisions of the
17 22, 1974, violated any Federal law (other than one enumer-
18 Commission shall be by majority vote.
18 ated in section 4 of this Act) or State or local law if the
19
(f) The Commission may appoint and fix the pay of
19 Commission finds that—
20 such personnel as it deems desirable, including such hearing
20
(1) such violation was in substantial part motivated
21 examiners as are necessary for proceedings under this section.
21
by the individual's opposition to, or protest against, the
22 The provisions applicable to hearing examiners appointed
22
involvement of the United States in Indochina; and
23 under section 3105 of title 5 are applicable to hearing ex-
23
(2) the individual was not personally responsible
24 aminers appointed pursuant to this subsection.
24
for any significant property damage or substantial per-
25
(g) (1) The Commission may secure directly from any
8
9
1
sonal injury to others in the course of his violation of
1 mission pursuant to this subsection shall be conclusive upon
2
any such law;
2 the military board concerned and is not reviewable by any
3 except that, in any case in which the Commission finds that
3 agency or member of the Armed Forces or any civilian officer
4 an individual was personally responsible for significant prop-
4 of the Military Establishment.
5 erty damage or substantial personal injury to others in the
5
(c) Any individual desiring amnesty under this sec-
6 course of his violation of any such law, the Commission shall
6 tion, or review of the decision by a military board to deny
7 grant amnesty if it finds that such conduct was justifiable on
7 him an honorable discharge or discharge free of indica-
8 the basis of a moral or ethical belief deeply held by the
8 tion of the reason for such discharge, shall make application
9 individual.
9 therefor to the Commission in such form as it shall prescribe.
10
(b) (1) Whenever the Commission grants general am-
10 The Commission shall not receive any application for am-
11 nesty under this section to an applicant who received a dis-
11 nesty or discharge review under this Act after the close of
12 charge other than an honorable discharge from the Armed
12 the forty-eighth month after the month in which this section
13 Forces, it shall make a finding as to whether any violation
13 takes effect.
14 of law for which general amnesty is granted was solely the
14
(d) Any application for amnesty or discharge review
15 cause, or a substantial cause, of the granting of such dis-
15 which is timely filed shall be determined on the record after
16 charge.
16 opportunity for hearing in accordance with sections 554,
17
(2) The Commission shall also have jurisdiction to hear
17 556, and 557 of title 5, United States Code. The entire rec-
18 and determine applications from individuals entitled to auto-
18 ord developed at the hearing on any application shall be
19 matic amnesty under section 4 of this Act and aggrieved by
19 certified to the Commission for decision.
20 the refusal of the military board concerned to grant an hon-
20
(e) Any applicant may obtain judicial review of a de-
21 orable discharge to him under section 3 (4) of this Act,
21 cision by the Commission which is adverse to him by filing a
22 or to grant an honorable discharge free from any indication
22 petition for review in the United States court of appeals for
23 of the reason for such discharge under section 3 (5) of this
23 the circuit wherein he resides within sixty days after the
24 Act.
24 date on which the decision is made. The Commission shall
25
(3) Any finding or determination made by the Com-
25 thereupon file in the court the record of the proceedings on
11
10
1 that he renounced such citizenship or became naturalized in
1 which the Commission based its decision, as provided in sec-
2 tion 2112 of title 28. The court shall have jurisdiction to re-
2 a foreign country, solely or partly because of disapproval
3 of involvement of the United States in Indochina shall be
3 view the decision in accordance with chapter 7 of title 5
4 and to grant appropriate relief as provided for in such chap-
4 fully and unconditionally restored.
5
(d) Upon sworn written statement to the Immi-
5 ter.
6
(f) Any individual not able to apply to the Commission
6 gration and Naturalization Service of the United States, any
7 former citizen of the United States who states that he re-
7 for a determination under subsection (b) (2) of this subsec-
8 tion because the decision of the military board concerned
8 nounced such citizenship or who became naturalized in a
9 to deny him an honorable discharge or discharge without
9 foreign country, solely or partly because of disapproval of
10 involvement of the United States in Indochina, shall be
10 indication as to reason for such discharge was made after a
11 date sixty days prior to the closing date specified in subsec-
11 exempted from the provisions of section 212 (a) (22) of
12 tion (c) of this section may obtain judicial review of such
12 the Immigration and Nationality Act (section 1182 (a) (22)
13 of title 8, United States Code).
13 decision by filing a petition for review in the United States
14
SUITS IN THE DISTRICT COURTS
14 district court for the district wherein he resides within sixty
15
15 days after the date of such decision. The military board con-
SEC. 8. (a) The district courts of the United States shall
16 cerned shall thereupon file in the court the record of the
16 have jurisdiction without regard to the amount in controversy
17 proceedings on which the board based its decision. The court
17 to hear actions brought to redress the deprivation of rights
18 shall have jurisdiction to review the decision of the mili-
18 granted by section 3 of this Act, and to grant such legal and
19 tary board in accordance with chapter 7 of title 5, United
19 equitable relief as may be appropriate.
20 States Code, and to grant appropriate relief as provided
20
(b) Notwithstanding the provisions of section 2283 of
21 title 28, United States Code, or any successor provision
21 for in such chapter.
22 thereto, a district court hearing an action brought pursuant
22
RESTORATION OF CITIZENSHIP
SEC. 7. (a) Upon petition to any district court of the
23 to subsection (a) of this section may grant injunctive relief
23
24 United States, by petitioner or a legal representative, the
24 staying proceedings in a State court.
25 United States citizenship of any former citizen who states
12
1
AUTHORIZATION OF APPROPRIATIONS
2
SEC. 9. There are authorized to be appropriated such
3 sums as may be necessary to carry out the provisions of this
4 Act.
5
SEPARABILITY OF PROVISIONS
6
SEC. 10. If any provision of this Act or the application
7 thereof to any person or circumstance is held invalid, the
8 remainder of the Act and the application of the provision to
9 other persons or to other circumstances shall not be affected
10 thereby.
11
EFFECTIVE DATE
12
SEC. 11. Sections 4, 6, 7, and 8 of this Act shall take
13 effect upon the date of enactment of this Act.
94TH CONGRESS
1ST SESSION
H. R. 2568
A BILL
To exonerate and to provide for a general and
unconditional amnesty for certain persons
who have violated or are alleged to have vio-
lated laws in the course of protest against
the involvement of the United States in
Indochina, and for other purposes.
By Ms. ABZUG, Mr. CONYERS, Mr. EDWARDS of
California, Mr. HARRINGTON, Ms. HOLTZ-
MAN, Mr. MITCHELL of Maryland, Mr. Ro-
SENTHAL, and Mr. WAXMAN
FEBRUARY 3, 1975
Referred to the Committee on the Judiciary
94TH CONGRESS
1ST SESSION
H. R. 2852
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 5, 1975
Mr. RYAN introduced the following bill; which was referred to the Com-
mittee on the Judiciary
A
BILL
To create a United States Amnesty Commission to make recom-
mendations to the President on appropriate action to be
taken, on a case by case basis, with respect to certain
persons.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3
SHORT TITLE
4
SECTION 1. This Act may be cited as the "United States
5 Amnesty Commission Act".
6
FINDINGS AND PURPOSE
7
SEC. 2. (a) The Congress finds that-
8
(1) amnesty has been part of the aftermath of
I
U.S. HOUSE OF REPRESENTATIVES
COMMITTEE ON THE JUDICIARY
WASHINGTON, D.C.
Senator Charles Godell (please run again)
Room 360
Old Exec. OB
Dear Senator,
Please help those who have had to
wear the crown of thorns.
Sincerly,
steven I Chinifenaki
of New York
Publications Clerk
P.S. If you would like a campaignar
or employee
225-0408
2
3
1
every war in which the United States has been involved
1 military service by establishing a broad based citizens' panel,
2
militarily prior to the Vietnam war;
2 to be known as the United States Amnesty Commission
3
(2) the Vietnam war was never formally declared
3 which will, upon application by any such person, examine
4
and lasted longer than any other war in which the
4 the facts and circumstances of such person's illegal action,
5
United States has participated;
5 and make a recommendation to the President as to the most
6
(3) during this particular conflict the mood and
6 appropriate action for him to take with regard to such person.
7
support of the American people changed more drastically
7
ESTABLISHMENT OF THE COMMISSION
8
than was true in any other period of war;
8
SEC. 3. There is established a commission to be known
9
(4) during the entire course of this war, young
9 as the United States Amnesty Commission (hereafter in this
10
Americans were required to serve and die for a cause
10 Act referred to as the "Commission").
11
which became less well defined as the war dragged on;
11
APPLICATION FOR AMNESTY
12
(5) hence it is obvious that during this period in-
12
SEC. 4. (a) An application for amnesty may be filed
13
dividual motivation resulted in a bewildering and per-
13
with the Commission under this Act not later than January 1,
14
plexing variety of violations of Federal law in matters
14 1980, by any individual who, during the period beginning
15
pertaining to military service; and
15 August 4, 1964, and ending January 1, 1974, violated, or is
16
(6) this situation requires creation of a procedure
16 subject to prosecution for violation of-
17
for examining, on an individual basis, the records of
17
(1) section 12 of the Military Selective Service
18
those who have been or are now subject to prosecution
18
Act (50 App. U.S.C. 462) with respect to the follow-
19
for illegal conduct relating to military service in order
19
ing prohibited acts-
20
that the President may take appropriate action.
20
(A) evading or refusing registration, evading
21
(b) It is the purpose of this Act to bring a measure of
21
or refusing induction into the Armed Forces, or
22 individual justice to those persons who, for their actions in
22
willfully failing to perform any other duty under
23
expressing disapproval of United States participation in the
23
such Act;
24
war in Southeast Asia, have been convicted or are subject
24
(B) knowingly counseling, aiding, or abetting
25
to prosecution under Federal law for offenses pertaining to
5
4
1
wealth, or possession in which he is on duty or present;
1
others to refuse or evade registration or service
2
(6) section 1381 of title 18, United States Code,
2
in the Armed Forces of the United States;
3
which prohibits the enticing or procuring or attempting
3
(C) publicly and knowingly destroying or
4
to entice or procure, any person in the Armed Forces
4
mutilating any registration or classification card
5
of the United States, or who has been recruited for serv-
5
issued or prescribed pursuant to such Act and know-
6
ice therein, to desert therefrom, or aiding any such per-
6
ingly violating or evading any of the provisions of
7
son in deserting, or in attempting to desert from such
7
such Act, or rules and regulations promulgated pur-
8
service; or harboring, concealing, protecting, or assisting
8
suant thereto relating to the issuance, transfer, or
9
any such person who may have deserted from such serv-
9
possession of any registration or classification card;
10
ice, knowing him to have deserted therefrom, or refusing
10
(2) section 882 of title 10, United States Code,
11
to give up and deliver such person on the demand of any
11
which prohibits the soliciting or advising another to
12
officer authorized to receive him;
12
desert the Armed Forces of the United States;
13
(7) section 2387 of title 18, United States Code,
13
(3) sections 885 and 886 of title 10, United States
14
14
which prohibits the advising, counseling, urging or in
Code, which prohibit deserting or going absent without
15
15
leave from the Armed Forces of the United States;
any manner causing or attempting to cause insubordina-
16
16
tion, disloyalty, mutiny, or refusal of duty by any mem-
(4) section 887 of title 10, United States Code,
17
17
ber of the military or naval forces of the United States,
which prohibits missing the movement of a ship, air-
18
with the intent to interfere with, impair, or influence
18
craft, or unit with which an individual is required in
19
19
the course of duty to move;
the loyalty, morale, or discipline of the military or naval
20
forces of the United States; and
20
(5) section 888 of title 10, United States Code,
21
21
which prohibits any officer from using contemptuous
(8) such other provisions of law pertaining to
22
22
words against the President, the Vice President, Con-
military service as the Commission may designate.
23
23
gress, the Secretary of Defense, the Secretary of a mili-
(b) The Commission shall make a full and complete in-
24
tary department, the Secretary of the Treasury, or the
24 vestigation and study of each application submitted under
25
Governor or legislature of any State, territory, Common-
25 this Act for the purpose of determining (1) whether the
6
7
1 applicant's overriding purpose in such violation was to dis-
1 this Act. No information with respect to an applicant which
2 sent from the policy of the United States with respect to the
2 is obtained by any such instrumentality pursuant to a re-
3 Vietnam war, and (2) its recommendations to the President
3 quest from the Commission under this subsection may be used
4 with respect to amnesty (conditional or unconditional) and
4 in any way in any prosecution of such applicant for any vio-
5 other appropriate actions for him to take with respect to such
5 lation described in subsection (a).
6 applicant. The Commission shall not recommend amnesty
6
(e) The Commission shall furnish the applicant a copy
7 or any other action with respect to any applicant unless
7 of each of its determinations made in accordance. with sub-
8 it has determined that the overriding purpose of such appli-
8 section (b) of this section with respect to his application
9 cant in violating the law was to dissent from the policy of
9 and such applicant shall have a period of not to exceed
10 the United States with respect to the Vietnam war.
10 ninety days from the date he receives such determination
11
(c) Any investigation and study carried out by the
11 to appeal any such determination to the Commission.
12 Commission under this Act shall extend only to those matters
12
(f) In any case where the applicant appeals a deter-
13 relevant to the application and to the determinations re-
13 mination to the Commission under subsection (e) of this
14 quired of the Commission by this Act. Any information
14 section, the Commission shall conduct an adjudicatory hear-
15 obtained by the Commission with respect to any applicant
15 ing in accordance with the applicable provisions of sections
16 may be disclosed only to such applicant or his attorney or,
16 554, 555, 556, 557, and other relevant provisions of title
17 upon the request of the President, to the President to assist
17 5, United States Code, except that any such hearing shall
18 him in making his decision with respect to such applicant.
18 be conducted before the Commission. Upon completion of
19 No information obtained from the Commission may be used
19 such hearing the Commission shall issue a final determina-
20 in any way in any prosecution of an applicant for any viola-
20 tion affirming, modifying, or setting aside the appealed de-
21 tion described in subsection (a).
21 termination. Any final determination of the Commission and
22
(d) The head of each department, agency, or other
22 any determination of the Commission not appealed in ac-
23 instrumentality of the United States shall provide such in-
23 cordance with this section shall not be reviewable by any
24 vestigative services, facilities, and information as the Com-
24 court.
25 mission determines necessary to carry out its functions under
25
(g) Upon completion of its determinations with respect
8
9
1 to any applicant under this section the Commission shall sub-
1
(2) If a member of the Commission resigns, dies, or
2 mit to the President its recommendations for amnesty (con-
2 otherwise vacates his position, the member of the congres-
3 ditional or unconditional) and other appropriate actions to be
3 sional leadership who originally nominated such member of
4 taken by him with respect to such applicant.
4 the Commission, or the individual who has succeeded to such
5
MEMBERSHIP OF THE COMMISSION
5 leadership position, shall submit to the President a list of
6
SEC. 5. (a) (1) The Commission shall be composed of
6 five nominees and the President shall appoint one such nomi-
7 twenty-three members appointed by the President from
7 nee to fill the vacant position on the Commission.
8 among those individuals nominated by the following Mem-
8
(3) Members shall be appointed for the life of the
9 bers of the congressional leadership:
9
Commission.
10
(A) from the Senate:
10
(b) The Commission shall select one of its members
11
(i) the President pro tempore;
11 each year to serve as Chairman for a term of one year. No
12
(ii) the majority leader; and
12 member of the Commission may serve more than two terms
13
(iii) the minority leader; and
13 as Chairman.
14
(B) from the House of Representatives:
14
(c) (1) Members of the Commission shall receive com-
15
(i) the Speaker;
15 pensation at the rate of $100 per day for each day that they
16
(ii) the majority leader; and
16 are engaged in the performance of their duties as members
17
(iii) the minority leader.
17 of the Commission.
18 Each such member of the congressional leadership shall sub-
18
(2) While away from their homes or regular places of
19 mit a list of seven nominees to the President who shall
19 business in the performance of services for the Commission,
20 appoint no less than three and no more than five individuals
20 members shall be allowed travel expenses, including per diem
21 from each list. Nominees shall be selected from the member-
21 in lieu of subsistence, in the same manner as persons
22 ship of as broad a range as possible of civic, fraternal, educa-
22 employed intermittently in the Government service are
23 tional, religious, and veterans' groups and organizations,
23 allowed expenses under section 5703 (b) of title 5, United
24 Nominees may not be officers or employees of any govern-
24 States Code.
25
ment,
10
11
1
ADMINISTRATION OF THE COMMISSION
1 and receive such evidence as the Commission deems
2
SEC. 6. (a) The Chairman, or a member designated by
2 necessary.
3
the Chairman to act in his stead, shall preside at all meetings
3
(b) The Commission is authorized to make such rules
4
of the Commission.
4 and regulations as it deems necessary to carry out this Act.
5
(b) (1) Twelve members of the Commission shall con-
5
(c) (1) The Commission, or the Chairman when au-
6
stitute a quorum for the purpose of conducting Commission
6 thorized by the Commission to act in behalf of the Commis-
7 business.
7 sion, may issue subpenas requiring the attendance and testi-
8
(2) Action of the Commission shall be determined by a
8 mony of witnesses and the production of any evidence that re-
9
majority vote.
9 lates to any matter under investigation by the Commission.
10
(c) The Commission may appoint and fix the compen-
10 The Commission, or any members, employees, or other
11 sation of such staff personnel as it deems advisable, without
11 agents of the Commission designated by the Commission for
12 regard to the provisions of title 5, United States Code, gov-
12 such purpose, may administer oaths and affirmations, ex-
13 erning appointments in the competitive service, and the pro-
13 amine witnesses and receive evidence. Such attendance of
14 visions of chapter 57 and subchapter III of chapter 53 of
14 witnesses and the production of such evidence may be re-
15 such title, relating to classification and General Schedule
15 quired from any place within the United States at any desig-
16 pay rates, but at rates not in excess of the maximum rate for
16 nated place of hearing within the United States.
17 GS-18 of the General Schedule under section 5332 of such
17
(2) Subpenas issued by the Commission, or by an
18 title.
18 authorized member of the Commission, may be served either
19
(d) The Administrator of General Services shall pro-
19 upon the witness in person or by registered mail or by
20 vide to the Commission on a reimbursable basis such admin-
20 telegraph or by leaving a copy thereof at the residence or
21 istrative support services as the Commission may request.
21 principal office or place of business of the person required
22
POWERS OF THE COMMISSION
22 to be served. The verified return by the individual SO serving
23
SEC. 7. (a) The Commission may hold such hearings,
23 the same, setting forth the manner of such service, shall be
24 sit and act at such times and places, take such testimony,
24 proof of the same, and the return post office receipt or tele-
12
13
1 graph receipt therefor when registered and mailed or tele-
1
TEMPORARY IMMUNITY FROM ARREST AND PROSECUTION
2
graphed as aforesaid shall be proof of service of the same.
2
SEC. 8. Any individual filing an application for amnesty
3
(3) If a person issued a subpena under the first para-
3 who is entitled under section 4 (f) to appear before the Com-
4 graph of this subsection refuses to obey such subpena or is
4 mission may not be arrested or prosecuted for any violation
5 guilty of contumacy, any court of the United States within
5 described in section 4 (a) during-
6 the jurisdiction of which the inquiry is carried on or within
6
(1) the period beginning forty-eight hours prior to
7 the jurisdiction of which said person guilty of contumacy
7
his first scheduled appearance before the Commission and
8 or refusal to obey is found or resides or transacts business
8
ending forty-eight hours after his final appearance (as
9 may (upon application of the Commission) order such per-
9
determined by the Commission) before the Commission;
10 son to appear before the Commission, its members, employ-
10
and
11 ees, or agents, there to produce evidence or to give testi-
11
(2) any additional period which the Commission
12 mony touching the matter under investigation. Any failure
12
certifies is necessary to facilitate the appearance of such
13 to obey such order of the court may be punished by such
13
individual before the Commission.
14 court as a contempt thereof. All process of any court to
14
REPORT OF THE COMMISSION
15 which application may be made under this subsection may
15
SEC. 9. Upon completion of its duties under this Act
16 be served in the judicial district wherein the person required
16
and no later than January 1, 1983, the Commission shall
17 to be served resides or may be found.
17
submit to the Congress a report setting forth-
18
(d) Witnesses summoned before the Commission, its
18
(1) the number of applications submitted to the
19 members, employees, or agents, shall be paid the same fees
19
Commission;
20 and mileage that are paid witnesses in courts of the United
20
(2) the final disposition of such applications; and
21 States, and witnesses whose depositions are taken and the
21
(3) such other information as the Commission
22 persons taking the same shall severally be entitled to the
22
deems appropriate.
23 same fees as are paid for like services in the courts of the
23
TERMINATION OF COMMISSION
24 United States.
24
SEC. 10. The Commission shall cease to exist on Janu-
25 ary 1, 1983.
94TH CONGRESS
1ST SESSION
H. R. 2852
A BILL
To create a United States Amnesty Commission
to make recommendations to the President
on appropriate action to be taken, on a case
by.case basis, with respect to certain persons.
By Mr. RYAN
FEBRUARY 5, 1975
Referred to the Committee on the Judiciary
FORD LIBRARY
94TH CONGRESS
1ST SESSION
H. R. 7875
IN THE HOUSE OF REPRESENTATIVES
JUNE 12, 1975
Mr. KASTENMEIER (for himself, Mr. DRINAN, and Mr. BADILLO) introduced the
following bill; which was referred to the Committee on the Judiciary
A
BILL
To provide immunity from prosecution and punishment to those
persons who, because of disapproval of the military involve-
ment of the United States in Indochina during the period
covering January 1, 1961, and ending May 1, 1975, resisted
the draft, were absent from the Armed Forces without leave,
or disobeyed an order, which order if obeyed could reasonably
have led to the death of another human being, and for other
purposes.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3
SHORT TITLE; TABLE OF CONTENTS
4
SECTION 1. This Act, together with the following table
5 of contents, may be cited as the "Vietnam Era Reconciliation
6 Act".
I
2
B
TABLE OF CONTENTS
II the Armed Forces of the United States under section 4 (a)
Sec. 1. Short title; table of contents.
Sec. 2. Certificate requirement.
2 of such Act within such-period, or who, while liable for midi-
Sec. 3. Military Selective Service Act violators.
Sec. 4. Violators of the Uniform Code of Military Justice.
3 tary service under such Act, otherwise violated such Act or
Sec. 5. Prior convictions
Sec. 6. Presidential program.
4 regulations promulga pursuant to such Act, within such
Sec. 7. Pending al proceedings.
Sec. 8. Use of testimony and evidence.
5 period, shall be prosecuted or subjected to any penalty or
Sec. 9. Certificate of resignation.
Sec. 10. Restoration of rights and judicial review.
6 forfeiture under such Act for any such failure, refusal, or other
Sec. 11. Expungement of records.
Sec. 12. Savings clause.
7 violation, as the case may be
Sec. 18. Restoration of citizenship and visitation rights.
Sec. 14. Authorization.
8,
(b) Any person seeking relief granted by this section
Sec. 15. Severability clause
CERTIFICATE REQUIREMENT
9 shall file a certificate, as required by section 2 of this Act,
1
2
SEC. 2. Any person seeking relief under this Act shall
10 with the United States Attorney General.
3 hereby be required to swear or affirm by a special certificate
11 ALLEGED VIOLATORS OF THE UNIFORM CODE OF MILITARN
12
4 provided for such purp
conduct, violation, failure,
JUSTICE
13
5, or refusal for which relief. is, granted by this Act resulted
SEC. 4. (a) Notwithstanding any other provision of law,
6 because of disapproval of the military involvement of The
14 and upon compliance with the certificate requirement of sec-
15 tion 2 of this Act, no member or former member of the
7. United States in Indochina. Such certificate shall be filed with
16 Armed Forces of the United/States who is alleged to have
8. the Attorney General or the Secretary of Defense as
17 been absent without leave or to have deserted from the
9. appropriate.
18 Armed Forces in violation of article 85 or 86 of the Uniform
10
MILITARY SELECTIVE SERVICE ACT VIOLATORS
11
SEC 3. (a) Notwithstanding any other provision of law,
19 Code of Military Justice (10: U.S.C. 885, 886) or who is
I
20 alleged to have disobeyed a direct order, which order if
12 and upon compliance with the certificate requirement of sec-
21 obeyed could reasonably haye led to the death of another
13 tion 2 of this Act, no person who failed or refused to register
22 human being; in violation of article 90 (2), or 91 (2) within
14 under section 3 of the Military Selective Service Act of 1967
23 the period commencing January 1, 1961, and ending May: 1,
15 within the period commencing on January 1, 1961, and end-
24 1975, shall be prosecuted or subjected to any penalty or
16 ing May 1, 1975, or failed to accept or refused induction into
4
5
1 forfeiture under such Code for such absence, desertion, or
1 Justice or for disobeying a direct order, which order if
2 disobedience.
2 obeyed could reasonably have led to the death of another
3
(b) Any person seeking relief granted by this section
3 human being, in violation of article 90 (2) of such Code,
4 shall file a certificate, as required by section 2 of this Act,
4 within the period commencing January 1, 1961, and ending
5 with the Secretary of Defense.
5 May 1, 1975, shall be released from prison and from any
6
PRIOR CONVICTIONS
6 other punishment, and any remaining portion or terms of
7
SEC. 5. (a) Upon compliance with certificate require-
7 punishment shall be deemed to have been served.
8 ments of section 2 of this Act, any person who has been
8
(c) Upon compliance with the certificate requirement
9 convicted and is serving, or has served, a prison sentence or
9 of section 2 of this Act, any person otherwise eligible for the
10 other punishment for failing or refusing to register under
10 benefits of the provisions of subsection (a) or (b) of this
11 the Military Selective Service Act of 1967 within the period
11 section and who is also serving a prison sentence for an
12 commencing January 1, 1961, and ending May 1, 1975, or
12 offense not described in either such subsection shall-
13 for failing to accept or refusing induction into the Armed
13
(1) be released only from that portion of his sen-
14 Forces of the United States under such Act between such
14
tence specifically applied to the offense described in sub-
15 dates, or for otherwise violating such Act or regulations
15
section (a) or (b) of this section, as the case may
16 promulgated under such Act within such period, while liable
16
be, or
17 for military service under such Act shall be released from
17
(2) upon petition to a United States district court
18 prison and from any other terms of his sentence, and any
18
be released only from that portion of his sentence that
19 remaining portion or terms of punishment shall be deemed to
19
the court deems applicable to the offense described in
20 have been served
20
subsection (a) or (b), as the case may be, if the sen-
21
(b) Upon compliance with the certificate requirement
21
tence which he is serving is not specifically applied to
22 of section 2 of this Act, any person who has been convicted
22
either offense described in subsection (a) or (b), or
23 and is serving, or has served, à prison sentence or other pun-
23
(3) upon petition to a United States district court,
24 ishment for absence without leave or desertion from the
24
in any case other than a crime of violence against
25 Armed Forces in violation of the Uniform Code of Military
25
another person or a crime against property, be released
H.R. 7875-2
6
7
1
from his entire sentence if he shows the court that the
1 shall file a certificate, as required by section 2 of this Act,
2
offense, other than one described in subsection (a) or
2 with the United States Attorney General.
3
(b) of this section, was reasonably related to the peti-
3
PENDING LEGAL PROCEEDINGS
4
tioner's objection to service in the Armed Forces of the
4
SEC. 7. (a) Any legal proceeding pending on the date
5
United States.
5 of enactment of this Act which was brought against any
6
(d) In the case of consecutive sentences, the punish-
6 person as a result of his alleged refusal or failure to register
7 ment imposed for offenses described in subsections (a) and
7 under the Military Selective Service Act of 1967 within the
8 (b) of this section shall be deemed to be the last in order
8 period commencing January 1, 1961, and ending May 1,
9 to be served.
9 1975, or as a result of his alleged refusal or failure to accept
10
(e) Any person seeking relief granted by this section
10 induction in the Armed Forces of the United States under
11 shall file a certificate, as required by section 2 of this Act,
11 such Act within such period, or as a result of any other
12 with the United States Attorney General.
12 alleged violation of such Act or regulations issued under such
13
PRESIDENTIAL CLEMENCY PROGRAM
13 Act within such period while subject to induction into mili-
14
SEC. 6. (a) Upon compliance with the certificate re-
14 tary service under such Act, shall be dismissed by the United
15 quirements of section 2 of this Act, any person presently
15 States, and all records and information relating thereto shall
16 serving a term of reconciliation service or preparing to per-
16 be expunged from all Government department and agency
17 form reconciliation service, pursuant to the Presidential
17 files, records, and correspondence.
18 Proclamation 8313, of September 16, 1974, may, at his
18
(b) Any legal proceedings, statutory or administrative,
19 election-
19 pending on the date of enactment of this Act, which was
20
(1) be released from such service and the remain-
20 brought against any person who is alleged to have violated
21
ing portion of service shall be waived by the United
21 the Articles of the Uniform Code of Military Justice from
22
States, and
22 which relief is granted by section 3 of this Act, shall be
23
(2) be entitled to all rights and privileges under
23 dismissed by the United States and all records relating there-
24
this Act.
24 to shall be expunged from all Government department and
25
(b) Any person seeking relief granted by this section
25 agency files.
8
9
1
(c) Any person eligible for the benefits of the provisions
1
CERTIFICATE OF RESIGNATION
2 of subsection (a) or (b) of this section who has pending
2
SEC. 9. (a) Upon compliance with the certificate re-
3 against him criminal charges by the United States for an
3 quirement of section 2 of this Act, any person who has served
4 offense not described in subsection (a) or (b) of this
4 in the Armed Forces of the United States and who is eligible
5 section and such charges were brought against him concur-
5 for relief under section 4 (a), 5 (b), 5 (c) (3), 7 (b), or
6 rently with charges described in subsection (a) or (b) of
6 7 (c) of this Act shall be granted a certificate of resignation
7 this subsection, as the case may be, may petition to a United
7 without condition from the Armed Forces of the United
8 States district court to order dismissal of such other charges,
8 States. In addition, any such person who has been admin-
9 and such charges shall be dismissed, if he shows the court
9 istratively discharged from the Armed Forces with any dis-
10 that such criminal charges (other than ones described in sub-
10 charge other than an honorable discharge shall be granted a
11 section (a) or (b) of this section) were-
11 certificate of resignation without condition from the Armed
12
(1) reasonably related to such person's objection to
12 Forces. Such certificate shall replace and in every respect
13
service in the Armed Forces of the United States, and
13 supercede any former discharge granted by the Secretary
14
(2) not the result of an alleged crime of violence
14 of Defense and shall be effective as if granted on the original
15
against another person or an alleged crime against
15 date of discharge, and shall not be coded or otherwise quali-
16
property.
16 fied to reveal the reasons for its issuance.
17
USE OF TESTIMONY AND EVIDENCE
17
(b) Any person seeking relief granted by this section
18
SEC. 8. Any certificate, testimony, affidavit, or other
18 shall file a certificate, as required by section 2 of this Act,
19 evidence or any argument, used by any person that is pre-
19 with the Secretary of Defense.
20 sented to the United States Attorney General, Secretary of
20
RESTORATION OF RIGHTS AND JUDICIAL REVIEW
21 Defense, or to a United States district court pursuant to
21
SEC. 10. (a) No person shall be denied any statutory or
22 section 2, 4 (c) (2), 4 (c) (3), or 6 (c) shall be privileged
22 constitutional right because of any crime for which such
23 and shall not be used at any trial, hearing, or other proceed-
23 person was charged, convicted, or alleged to have committed,
24 ing, except in the event of alleged perjury, without the
24 and for which relief is granted under this Act.
25 written consent of such person.
25
(b) Any person who on and after the date of enactment
40
11
1 of this Act, is denied any statutory or constitutional right
1 try on or after January 1, 1961, because of disapproval of
2 because of any crime for which such person was charged,
2 the military involvement of the United States in Indochina,
3 convicted, or alleged to have committed, and for which reljef
3 shall be fully and unconditionally restored upon petition by
4 is granted under this Act, shall have a claim for relief in
4 such individual to any district court of the United States:
To5 district court of the United States.
C
5 Provided, That he renounces citizenship in such foreign
fi 6'
(c) Any person who is eligible for relief under this
6 country.
5. 7 and who has been denied such relief may institute a claim for
7
(b) Any former citizen of the United States who makes
8 relief in district court of the United States for such injunctive
8;, a sworn statement to an appropriate official of the Immi-
9 or other remedies as may be necessary to secure such relief.
9; gration and Naturalization Service, Department of Justice,
(10
EXPUNGEMENT OF RECORDS
10
to the effect that he renounced his citizenship or became a
T11
SEC. 11. Any person who has been convicted of, charged
11
naturalized citizen of a foreign country. on or after Janu-
12 with, alleged to have committed, or who is under indictment
12
are 1, 1961, because of disapproval of military involvement
13 for any crime for which relief is granted under this Act may
13
of the United States in Indoching shall he exempted from
14 have expunged from all Government department and agency
14
the provisions of section 212 (a) (22) of the Immigration
15 files, records, and correspondence any reference to such
15
and Naturalization Act (8 U.S.C. 1182 (a) (22) )
16 conviction, arrest, allegation, charge, or indictment. Regula-
16
AUTHORIZATION
17. tions to accomplish this end shall be promulgated by the
17
SEC. 14. There are authorized to be appropriated such
18 appropriate agencies.
18 sums as may be necessary to carry out the provisions of
19
SAVINGS CLAUSE
19 this Act.
20
SEC. 12. All reference in this Act to the Military Selec-
20
SEVERABILITY CLAUSE
21, tive Service Act of 1967 shall be deemed to include a
21
SEC. 15. If any provision of this Act or the application
22 reference to any previous corresponding law.
22 thereof to any person or circumstance is held invalid, the
23
RESTORATION OF CITIZENSHIP AND VISITATION RIGHTS
23 remainder of the Act and the application of such provision to
24
SEC. 13. (a) The United States citizenship of any for-
24 other persons or to other circumstances shall not be affected
25 mer citizen who states under oath that he renounced such
25 thereby.
26 citizenship or became a naturalized citizen of a foreign coun-
94TH CONGRESS
1ST SESSION
H. R. 7875
A
BILL
To provide immunity from prosecution and
punishment to those persons who, because of
disapproval of the military involvement of
the United States in Indochina during the
period covering January 1, 1961, and ending
May 1, 1975, resisted the draft, were absent
from the Armed Forces without leave, or
disobeyed an order, which order if obeyed
could reasonably have led to the death of
another human being, and for other pur-
poses.
By Mr. KASTENMEIER, Mr. DRINAN, and
Mr. BADILLO
JUNE 12, 1975
Referred to the Committee on the Judiciary