9 1 sums as may be necessary to carry out the provisions of this 5 (a) The term "draft evader" means any individual who 6 has been or may be indicted or convicted of any offense com7 mitted on or after August 4, 1964, and prior to March 29, 8 1973, in violation of section 6 (j) or 12 of the Military Se9 lective Service Act (50 App. U.S.C. 462) or of any rule or 10 regulation promulgated under such sections, or of any related 11 law, rule, or regulation. 12 (b) The term "military deserter" means (A) any indi13 vidual who has received or may receive a punitive or unde14 sirable discharge for one or more violations of article 85, 86, 15 or 87 of the Uniform Code of Military Justice (10 U.S.C. 16 885, 886, 887), or any related article, committed on or 17 after August 4, 1964, and prior to March 29, 1973, or (B) any individual who is serving a sentence for one or more 19 such violations. 18 20 (c) "Executive clemency" means a pardon or other 21 act of mercy or forgiveness by the President, under such 22 terms and conditions as the President may prescribe, pursuant 23 to powers granted to the President by article II of the United 24 States Constitution. 25 (d) "Presidential Clemency Board" or "Board" means 10 1 the body created by this Act to consider the cases of draft 2 evaders and military deserters and to recommend to the Presi3 dent whether such evaders or deserters should receive execu4 tive clemency and, if so, under what conditions. 5 (e) "Clemency applicant" or "applicant" means any 6 draft evader or military deserter who applies for clemency 7 under the provisions of this Act. 8 (f) "Clemency discharge" means a military discharge 9 granted by the President pursuant to the provisions of this 10 Act to signify that the applicant left the military service 11 under honorable conditions. 12 (g) The term "Military Selective Service Act" means 13 the Military Selective Service Act or any prior correspond14 ing Act. SENATE BILL 1145, NATIONAL REORGANIZATION ACT OF 1975, BY HON. PHILIP HART, HON. MIKE GRAVEL, HON. GEORGE S. McGOVERN, AND HON. GAYLORD NELSON 94TH CONGRESS 1ST SESSION S. 1145 IN THE SENATE OF THE UNITED STATES MARCHI 11, 1975 Mr. PHILIP A. HART (for himself, Mr. GRAVEL, Mr. McGOVERN, and Mr. NELSON) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide amnesty to persons who, because of their principled objection to service in the Armed Forces of the United States, failed or refused to register for the draft or who refused induction or failed to be inducted into the Armed Forces or who were absent without official leave from the Armed Forces during the period from August 4, 1964, to March 28, 1973, and for other purposes. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "National Reconciliation 4 Act of 1975". 5 SECTION 1. Notwithstanding any other provision of 6 law, any person who failed or refused to register under the 7 Military Selective Service Act subsequent to August 4, 1964, II 2 1 and prior to March 28, 1973, or failed to accept or refused 2 induction into the Armed Forces of the United States under 3 such Act between such dates, or who, while liable for mili4 tary service under such Act, otherwise violated such Act 5 or regulations promulgated under authority of such Act, 6 between such dates, is hereby granted immunity from pros7 ecution and punishment under such Act for such evasion or 8 failure to register under such Act, or refusal to be inducted 9 under such Act, or other violation of such Act, as the case 10 may be. 11 SEC. 2. (a) Notwithstanding any other provision of law, 12 any member or former member of the Armed Forces of the 13 United States who is alleged to have been absent from the 14 Armed Forces in violation of the Uniform Code of Military 15 Justice during the period subsequent to August 4, 1964, and 16 prior to March 28, 1973, is hereby granted immunity from 17 prosecution and punishment under the Uniform Code of Mili18 tary Justice for such absence. 19 (b) This Act does not grant immunity from prosecu20 tion for other alleged violations of the Uniform Code of Mili21 tary Justice, except that if any branch of the Armed Forces 22. of the United States seeks to prosecute an individual for any 23 alleged offense other than an absence without official leave 24 offense, the prosecution must establish at trial that the alleged 25 crime was: 1 2 3 4 5 6 3 (1) not reasonably related to the individual's principled objection to service in the Armed Forces of the United States, or (2) a crime of violence against another person or a crime against property. SEC. 3. (a) Any person who has been convicted and is 7 serving, or has served, a prison sentence or other punishment 8 for failing or refusing to register under the Military Selective 9 Service Act between August 4, 1964, and March 28, 1973, 10 or for failing to accept or refusing induction into the Armed 11 Forces of the United States under such Act between such 12 dates, or while liable for military service under such Act has 13 otherwise violated such Act or regulations promulgated under 14 such Act between such dates shall be released from prison or 15 other terms of his sentence and any remaining portion of 16 punishment shall be waived. 17 (b) Any person who has been convicted and is serving, 18 or has served, a prison sentence or other punishment for 19 absence from the Armed Forces in violation of the Uniform 20 Code of Military Justice between August 4, 1964, and 21 March 28, 1973, shall be released from prison or other pun22 ishment and the remaining portion of punishment shall be 23 deemed to have been served. 24 (c) Any person otherwise eligible for the benefits of 25 the provisions of subsection (a) or (b) of this section and |
