Hearings

expert opinion possible on the subject of the desirability and feasibility of instituting an all-volunteer Military Establishment.

I am aware, Mr. Chairman, that on March 27, 1969, the President appointed an "Advisory Commission on an All-Volunteer Armed Force," with instructions to report to him on this subject by early November 1969. Section 402 could be overtaken by events, so to speak, but Congress, as well as the President, must be satisfied that this vital matter of national policy is weighed and evaluated as thoroughly as possible. The enactment of section 402 would guarantee this.

(c) National Service Corps study.-Section 403 would provide for a comprehensive study of the feasibility and desirability of creating a National Service Corps, with the possibility of permitting some National Service Corps programs to be considered as alternatives to fulfilling one's obligation of service to the country through the military establishment.

It ought to be borne in mind, Mr. Chairman, that the United States would not be the first country to create a National Service Corps. Most of the programs in other nations were originally designed after the Peace Corps, but several have developed considerably beyond this concept. As Terrence Cullinan has pointed out in Donald J. Eberly, ed., "National Service, A Report of a Conference."

France's obligatory 16 months National Service tour is satisfied by service in the Civilian Defense Service as a civil servant, policeman, engineer, health inspector, architect, technician, or civil defense specialist primarily in depressed regions. During war or emergencies, this Service staffs the Defense Corps and carries on tasks of civil defense for the whole population * * *. The February, 1967, Italian national service law recognizes at least two consecutive years' service in a developing country outside Europe as equivalent to required military national service. Service is performed under bilateral agreement or a recognized international organization's program.

A number of other countries as well have found it both feasible and desirable to have a National Service Corps and to permit service in it to qualify as alternative service in lieu of military service. Therefore, it is clear that the whole of this extremely important issue deserves the attention and scrutiny of a Presidential study, as section 403 of H.R. 7784 would provide.

(d) Amnesty study.-Section 404 of H.R. 7784 would require the President to conduct a study of the feasibility and desirability of allowing those who have fled the country and who are liable to prosecution under selective service law to return to the United States within 5 years, without being subject to criminal prosecution, if they accept their responsibilities under selective service law. Upon return, they would be exposed to the draft in the prime age group just like other registrants.

Today, such amnesty is a much talked about and controversial issue. Before any decision on amnesty is made, a thorough study of the subject should be undertaken. As a preface to such study, it should be remembered that amnesty does not involve a moral judgment. Rather, it is a humane act of clemency. The Government would not be placed in the position of condoning the actions of those who are presently in jail or in exile. But because amnesty would be an act of clemency, it could serve to reunite a divided country and be a testimonial to governmental strength, security, and humanity.

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Nowhere, Mr. Chairman, is the gap between national fairness and justice, on the one hand, and the law, on the other, wider than in the area of selective service. At a time when this country is bitterly divided over a war thousands of miles away, reunification of America is made all the harder by the present Selective Service System. It might be a giant step toward closing this gap and healing these sores if amnesty were granted, thus saving many young citizens from a life of permanent and lonely exile. As George Washington stated in his proclamation of amnesty on July 10, 1795: "It appears to me no less consistent with the public good than it is with my personal feelings to mingle in the operations of government with every degree of moderation and tenderness which the natural justice, dignity, and safety may permit."

Furthermore, Mr. Chairman, the effect of the past act of either of the two bills before you is going to be the one last prohibition which the President feels he has on him now, will be removed so that the Congress is in effect by passing this legislation going to say here is the Selective Service System within the framework of the 1967 act, interpret as you will, set up the type of random selection that you think is best, turn it over to General Hershey and hope to God he can figure out how to work it.

I think if not right now, and I recognize the tremendous commitments that this great committee has, in the earliest possible time in the future, the whole subject should be gone into.

Now my colleagues and I on several occasions have written to Chairman Rivers, and in response to a letter of June 20 of mine for hearings, the chairman said that he would be delighted to receive our specific views on the subject. He continued:

It is therefore requested that you provide the Committee on Armed Services with a detailed analysis of each of the specific provisions of your bill, the intent of the language as written, and the manner in which each of those provisions would be implemented so as to eliminate the alleged deficiencies in the existing law.

Thus in compliance with the chairman's rather ambiguous request, I trust that you will accept with my statement the detailed analysis that the chairman asked for, which was prepared by a number of college interns on a preliminary basis during the summer under my supervision, and which was codified by the Library of Congress, Legislative Reference Service, which in the final analysis, under Mr. Albert C. Stillson, the analyst in national defense, who incidentally did a superb job, they have produced a Library of Congress document on the subject which explains all of the section by section analyses of the legislation which I and so many of my colleagues advocate.

Mr. HÉBERT. I thank the gentleman from New Jersey for his cooperation in this matter and for his understanding of what the situation is. I will be very glad to accept the statement and transmit it to the chairman, in accordance with his request to you, as related to the subject matter that he addressed himself to you.

(The analysis is as follows:)