[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2174 Introduced in House (IH)]

  1st Session
                                H. R. 2174

 To establish the Commission on Missing-in-Action and Prisoners of War 
                           in Southeast Asia.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 1995

  Mr. Stupak introduced the following bill; which was referred to the 
                  Committee on International Relations

_______________________________________________________________________

                                 A BILL


 
 To establish the Commission on Missing-in-Action and Prisoners of War 
                           in Southeast Asia.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commission on Missing-in-Action and 
Prisoners of War in Southeast Asia Act''.

SEC. 2. ESTABLISHMENT OF COMMISSION.

    There is established a commission to be known as the Commission on 
Missing-in-Action and Prisoners of War in Southeast Asia (in this Act 
referred to as the ``Commission'').

SEC. 3. MEMBERSHIP OF COMMISSION.

    (a) Number and Appointment.--The Commission shall be composed of 
seven members as follows:
            (1) One individual appointed by the President from among 
        the general public who shall serve as Chairperson of the 
        Commission.
            (2) One individual appointed by the President pro tempore 
        of the Senate from among Members of the Senate.
            (3) One individual appointed by the Speaker of the House of 
        Representatives from among Members of the House of 
        Representatives.
            (4) Two individuals appointed by the President who are 
        members of the immediate family of United States personnel who 
        remain not accounted for as a result of service in the Armed 
        Forces or other Federal Government service in Southeast Asia 
        during the Vietnam era.
            (5) One individual appointed by the Secretary of Defense 
        from among officers or employees of the Department of Defense.
            (6) One individual appointed by the Secretary of State from 
        among officers or employees of the Department of State.
    (b) Terms.--The term of office for a member of the Commission shall 
be the life of the Commission.
    (c) Vacancies.--A vacancy in the Commission shall be filled in the 
manner in which the original appointment was made.
    (d) Compensation.--
            (1) Rate of pay.--Except as provided in paragraph (2), each 
        member of the Commission shall serve without pay or benefits.
            (2) Travel expenses.--Each member of the Commission may 
        receive travel expenses, including per diem in lieu of 
        subsistence, in accordance with sections 5702 and 5703 of title 
        5, United States Code.
    (e) Quorum.--A majority of the members of the Commission shall 
constitute a quorum.
    (f) Meetings.--
            (1) In general.--The Commission shall meet at the call of 
        the Chairperson or a majority of its members.
            (2) Initial meeting.--The Commission shall hold its initial 
        meeting not later than 60 days after the date on which 
        appointments are completed.

SEC. 4. DUTIES OF COMMISSION.

    (a) Study.--
            (1) In general.--The Commission shall conduct a 
        comprehensive study of the efforts made by the government of 
        Vietnam to account for any United States personnel who remain 
        not accounted for as a result of service in the Armed Forces or 
        other Federal Government service in Southeast Asia during the 
        Vietnam era.
            (2) Matters studied.--The matters studied by the Commission 
        shall include--
                    (A) efforts of the POW/MIA task force of the 
                Department of Defense to dispose of the ``discrepancy'' 
                cases involving 55 individuals who were known to be 
                alive on the ground during the Vietnam era but who did 
                not return to the United States;
                    (B) efforts of the government of the United States 
                to account for any United States personnel who remain 
                not accounted for as a result of service in the Armed 
                Forces or other Federal Government service in Southeast 
                Asia during the Vietnam era; and
                    (C) efforts of the governments of Vietnam, Laos, 
                Cambodia, and the People's Republic of China, to 
                account for any United States personnel who remain not 
                accounted for as a result of service in the Armed 
                Forces or other Federal Government service in Southeast 
                Asia during the Vietnam era.
    (b) Report.--Not later than January 1, 1997, the Commission shall 
submit to Congress a report on its findings and recommendations.

SEC. 5. POWERS OF COMMISSION.

    (a) Hearings and Sessions.--The Commission may, for the purpose of 
carrying out this Act, hold hearings, sit and act at times and places, 
take testimony, and receive evidence as the Commission considers 
appropriate. The Commission may administer oaths or affirmations to 
witnesses appearing before it.
    (b) Obtaining Official Data.--The Commission may secure directly 
from any Federal agency information necessary to enable it to carry out 
this Act. Upon request of the Chairperson or Vice Chairperson of the 
Commission, the head of the agency shall provide the information to the 
Commission.
    (c) Administrative Support Services.--At the request of the 
Commission, the Administrator of General Services shall provide to the 
Commission, on a reimbursable basis, the administrative support 
services necessary for the Commission to carry out its responsibilities 
under this Act.

SEC. 6. STAFF OF COMMISSION.

    (a) Staff.--The Commission may appoint and fix the compensation of 
such staff as the Commission considers necessary to perform its duties.
    (b) Applicability of Certain Civil Service Laws.--The staff of the 
Commission may be appointed without regard to the provisions of title 
5, United States Code, governing appointments in the competitive 
service, and may be paid without regard to the provisions of chapter 51 
and subchapter III of chapter 53 of that title relating to 
classification and General Schedule pay rates, except that the rate of 
pay for such staff may not exceed the rate of basic pay under the 
General Schedule for positions above GS-15.
    (c) Experts and Consultants.--The Commission may procure temporary 
and intermittent services under section 3109(b) of title 5, United 
States Code, at rates for individuals which do not exceed the daily 
equivalent of the annual rate of basic pay under the General Schedule 
for positions above GS-15.

SEC. 7. TERMINATION OF COMMISSION.

    The Commission shall terminate 90 days after the date of the 
submission of its report under section 4(b).

SEC. 8. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) not later than 90 days after the date of receipt of the 
        report under section 4(b), the appropriate committees of 
        Congress should initiate hearings to consider the findings and 
        recommendations of the report; and
            (2) the appropriate committees should consider whether to 
        adopt a resolution stating the sense of Congress on whether 
        diplomatic relations between the United States and Vietnam 
        should be maintained.
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