[Congressional Record Volume 141, Number 12 (Friday, January 20, 1995)]
[Senate]
[Pages S1271-S1282]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. LOTT:
S. 252. A bill to amend title II of the Social Security Act to
eliminate the earnings test for individuals who have attained
retirement age; to the Committee on Finance.
the older americans' freedom to work act
Mr. LOTT. Mr. President, today I am introducing the Older Americans
Freedom to Work Act of 1995 to eliminate the Social Security earnings
test for individuals who have attained retirement age.
As the Social Security Act is designed, the Government seems to give
little thought to older Americans' ability to make an important
contribution to our work force. Senior citizens are subject to taxes
such as the Federal Contributions Act [FICA], even in situations where
they are receiving Social Security benefits. They are also subject to
various Federal, State, and local taxes.
This brings me to the biggest outrage: the Social Security retirement
earnings limit. Presently, this limit reduces benefits to persons
between ages 65 and 69 who earn more than $11,280 yearly. These
reductions amount to $1 in reduced benefits for every $3 in earnings
above the aforementioned limit--$1 for $3 withholding rate.
The earnings test is very unfair, but it also poses a serious threat
to the labor work force. Demographers tell us that between the years
2000 and 2010 the baby boom generation will be in their retirement
years. With fewer babies being born to replace them, this Nation is
looking at a severe labor shortage. The skills and expertise of older
workers is desperately needed.
An earnings limit for Social Security beneficiaries is an ill
conceived idea and an administrative nightmare for the Social Security
Administration [SSA]. SSA spends a great deal of money and devotes a
full 8 percent of its employees to police the income levels of
retirees. For beneficiaries, the income limit is a frustrating
experience of estimating and reporting income levels to SSA.
In the 1930's, when the earned income limit was devised, encouraging
the elderly to leave the workplace was seen as a positive act, designed
to increase job opportunities for younger workers. Today, with our
shrinking labor force, such a policy is absurd. We need the skills,
wisdom, and experience of our older workers, and my proposal will
encourage them to remain in the labor force.
In the 102d Congress, the Senate adopted an amendment to the older
Americans reauthorization amendments to repeal the earnings test. While
it was dropped from final passage, this legislation has perennial
bipartisan interest and support.
It is a pleasure to again sponsor legislation in the Senate to
abolish the onerous retirement earnings test. This begins the process
of providing employment opportunities for older Americans without
punishing them for their efforts. It is my understanding that the
President supports lifting the earnings test for retirees, and I urge
my colleagues to join me in supporting this
[[Page S1272]] vitally important legislation. I ask unanimous consent
that the text of the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 252
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 ``Older Americans' Freedom to
Work Act of 1995''.
SEC. 2. ELIMINATION OF EARNINGS TEST FOR INDIVIDUALS WHO HAVE
ATTAINED RETIREMENT AGE.
Section 203 of the Social Security Act (42 U.S.C. 403) is
amended--
(1) in paragraph (1) of subsection (c) and paragraphs
(1)(A) and (2) of subsection (d), by striking ``the age of
seventy'' and inserting ``retirement age (as defined in
section 216(l))'';
(2) in subsection (f)(1)(B), by striking ``was age seventy
or over'' and inserting ``was at or above retirement age (as
defined in section 216(l))'';
(3) in subsection (f)(3), by striking ``33\1/3\ percent''
and all that follows through ``any other individual,'' and
inserting ``50 percent of such individual's earnings for such
year in excess of the product of the exempt amount as
determined under paragraph (8),'' and by striking ``age 70''
and inserting ``retirement age (as defined in section
216(l))'';
(4) in subsection (h)(1)(A), by striking ``age 70'' each
place it appears and inserting ``retirement age (as defined
in section 216(l))''; and
(5) in subsection (j), by striking ``Age Seventy'' in the
heading and inserting ``Retirement Age'', and by striking
``seventy years of age'' and inserting ``having attained
retirement age (as defined in section 216(l))''.
SEC. 3. CONFORMING AMENDMENTS ELIMINATING THE SPECIAL EXEMPT
AMOUNT FOR INDIVIDUALS WHO HAVE ATTAINED
RETIREMENT AGE.
(a) Uniform Exempt Amount.--Section 203(f)(8)(A) of the
Social Security Act (42 U.S.C. 403(f)(8)(A)) is amended by
striking ``the new exempt amounts (separately stated for
individuals described in subparagraph (D) and for other
individuals) which are to be applicable'' and inserting ``a
new exempt amount which shall be applicable''.
(b) Conforming Amendments.--Section 203(f)(8)(B) of such
Act (42 U.S.C. 403(f)(8)(B)) is amended--
(1) in the matter preceding clause (i), by striking
``Except'' and all that follows through ``whichever'' and
inserting ``The exempt amount which is applicable for each
month of a particular taxable year shall be whichever'';
(2) in clause (i), by striking ``corresponding''; and
(3) in the last sentence, by striking ``an exempt amount''
and inserting ``the exempt amount''.
(c) Repeal of Basis for Computation of Special Exempt
Amount.--Section 203(f)(8)(D) of such Act (42 U.S.C.
(f)(8)(D)) is repealed.
SEC. 4. ADDITIONAL CONFORMING AMENDMENTS.
(a) Elimination of Redundant References to Retirement
Age.--Section 203 of the Social Security Act (42 U.S.C. 403)
is amended--
(1) in the last sentence of subsection (c), by striking
``nor shall any deduction'' and all that follows and
inserting ``nor shall any deduction be made under this
subsection from any widow's or widower's insurance benefit if
the widow, surviving divorced wife, widower, or surviving
divorced husband involved became entitled to such benefit
prior to attaining age 60.''; and
(2) in subsection (f)(1), by striking clause (D) and
inserting the following: ``(D) for which such individual is
entitled to widow's or widower's insurance benefits if such
individual became so entitled prior to attaining age 60,
or''.
(b) Conforming Amendment to Provisions for Determining
Amount of Increase on Account of Delayed Retirement.--Section
202(w)(2)(B)(ii) of such Act (42 U.S.C. 402(w)(2)(B)(ii)) is
amended--
(1) by striking ``either''; and
(2) by striking ``or suffered deductions under section
203(b) or 203(c) in amounts equal to the amount of such
benefit''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall apply only with
respect to taxable years ending after December 31, 1995.
______
By Mr. LOTT:
S. 253. A bill to repeal certain prohibitions against political
recommendations relating to Federal employment, to reenact certain
provisions relating to recommendations by Member of Congress, and for
other purpose; to the Committee on Governmental Affairs.
POLITICAL RECOMMENDATIONS LEGISLATION
Mr. LOTT. Mr. President, today, I am introducing legislation to allow
Member of Congress to once again make political recommendations on
behalf of constituents who have applied for Federal civil service
employment. We have all been asked or wished to support constituents
and friends who seek Federal positions. My bill would simply restore
the basic right to make recommendations that Members held previously
and would repeal this unnecessary prohibition.
The Hatch Act reform bill passed during the 103d Congress, but it
included an onerous amendment that keeps Senators and Representatives
from making suggestions. This provision went into effect in February
1994 and has probably caused difficulties for virtually every Member as
constituents often ask us for recommendations when they have applied
for Federal jobs.
Contacting a Federal agency in the interest of a citizen is the most
basic of constituent services. My bill would restore us the ability to
recommend those constituents who we feel will do an outstanding job
with the Federal civil service. The bureaucracy needs applicants from
outside the beltway to effect a change in how the U.S. Government works
today. Exceptional candidates recommended by Senators and
Representatives can help make these changes.
I urge my colleagues to join me in supporting this important
legislation. I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 253
Be it enacted by the Senate and House of
Representatives of the United States of America in
Congress assembled,
SECTION 1. PROHIBITIONS AGAINST POLITICAL RECOMMENDATIONS
RELATING TO FEDERAL EMPLOYMENT.
(a) In General--Section 3303 of title 5, United States
Code, is amended to read as follows:
``Sec. 3303. Competitive service; recommendations of Senators
or Representatives
``An individual concerned in examining an applicant for or
appointing him in the competitive service may not receive or
consider a recommendation of the applicant by a Senator or
Representative, except as to the character or residence of
the applicant.''.
(b) Technical and Conforming Amendments.--(1) The table of
sections for chapter 33 of title 5, United States Code, is
amended by amending the item relating to section 3303 to read
as follows:
``3303. Competitive service; recommendations of Senators or
Representatives.''.
(2) Section 2302(b)(2) of title 5, United States Code, is
amended to read as follows:
``(2) solicit or consider any recommendation or statement,
oral or written, with respect to any individual who requests
or is under consideration for any personnel action unless
such recommendation or statement is based on the personal
knowledge or records of the person furnishing it and consists
of--
``(A) an evaluation of the work performance, ability,
aptitude, or general qualifications of such individual; or
``(B) an evaluation of the character, loyalty, or
suitability of such individual;''.
(c) Effective Date.--This Act shall take effect 30 days
after the date of the enactment of this Act.
______
By Mr. LOTT:
S. 254. A bill to extend eligibility for veterans' burial benefits,
funeral benefits, and related benefits for veterans of certain service
in the United States merchant marine during World War II; to the
Committee on Veterans' Affairs.
the merchant mariners fairness act
Mr. LOTT. Mr. President, today, it is my pleasure to reintroduce the
Merchant Mariners Fairness Act.
My bill would grant veterans status to American merchant mariners who
have been denied this status a well as veterans benefits. Similar
legislation passed the House last year and related provisions were
included in the Coast Guard authorization bill; however, these
provisions were not included in the final conference report of that
bill.
In 1988, the Secretary of the Air Force decided, for the purposes of
granting veterans benefits to merchant seamen, that the cut-off date
for service would be August, 15, 1945, V-J Day, rather than December
31, 1946, when hostilities were declared officially ended. My bill
would correct the 1988 decision and extend veterans benefits to those
merchant mariners who served from August 15, 1945 to December 31, 1946.
It would extend eligibility for veterans burial benefits, funeral
benefits, and related benefits for certain members of the U.S. merchant
marine during World War II.
I urge my colleagues to join me in supporting this important
legislation. I ask unanimous consent that the text of the bill be
printed in the Record.
[[Page S1273]] There being no objection, the bill was ordered to be
printed in the Record, as follows:
S. 254
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. MERCHANT MARINER BENEFITS.
(a) Part G of subtitle II, title 46, United States Code, is
amended by adding at the end of the following new chapter:
``CHAPTER 112--MERCHANT MARINER BENEFITS
``Sec.
``11201. Qualified service.
``11202. Documentation of qualified service.
``11203. Eligibility for certain veterans' benefits.
``11204. Processing fees.
``Sec. 11201. Qualified service
``For purposes of this chapter, a person engaged in
qualified service if, between August 16, 1945, and December
31, 1946, the person--
``(1) was a member of the United States merchant marine
(including the Army Transport Service and the Naval
Transportation Service) serving as a crewmember of a vessel
that was--
``(A) operated by the War Shipping Administration or the
Office of Defense Transportation (or an agent of the
Administration or Office);
``(B) operated in waters other than inland waters, the
Great Lakes, other lakes, bays, and harbors of the United
States;
``(C) under contract or charter to, or property of, the
Government of the United States; and
``(D) serving the Armed Forces; and
``(2) while so serving, was licensed or otherwise
documented for service as a crewmember of such a vessel by an
officer or employee of the United States authorized to
license or document the person for such service.
``Sec. 11202. Documentation of qualified service
``(a) The Secretary shall, upon application--
``(1) issue a certificate of honorable discharge to a
person who, as determined by the Secretary, engaged in
qualified service of a nature and duration that warrants
issuance of the certificate; and
``(2) correct, or request the appropriate official of the
Federal Government to correct, the service records of the
person to the extent necessary to reflect the qualified
service and the issuance of the certificate of honorable
discharge.
``(b) The Secretary shall take action on an application
under subsection (a) not later than one year after the
Secretary receives the application.
``(c) In making a determination under subsection (a)(1),
the Secretary shall apply the same standards relating to the
nature and duration of service that apply to the issuance of
honorable discharges under section 401(a)(1)(B) of the GI
Bill Improvement Act of 1977 (38 U.S.C. 106 note).
``(d) An official of the Federal Government who is
requested to correct service records under subsection (a)(2)
shall do so.
Sec. 11203. Eligibility for certain veterans' benefits
``(a) The qualified service of an individual who--
``(1) receives an honorable discharge certificate under
section 11202 of this title, and
``(2) is not eligible under any other provision of law for
benefits under laws administered by the Secretary of Veterans
Affairs,
is deemed to be active duty in the Armed Forces during a
period of war for purposes of eligibility for benefits under
chapters 23 and 24 of title 38.
``(b) The Secretary shall reimburse the Secretary of
Veterans Affairs for the value of benefits that the Secretary
of Veterans Affairs provides for an individual by reason of
eligibility under this section.
``(c) An individual is not entitled to receive, and may not
received, benefits under this chapter for any period before
the date on which this chapter takes effect.
``Sec. 11204. Processing fees
``(a) The Secretary shall collect a fee of $30 from each
applicant for processing an application submitted under
section 11202(a) of this title.
``(b) Amounts received by the Secretary under this section
shall be credited to appropriations available to the
Secretary for carrying out this chapter.''.
(b) The table of chapters at the beginning of subtitle II
of title 46, United States Code, is amended by inserting
after the item relating to chapter 111 the following:
``112. Merchant Mariner Benefits 11201''.
______
By Mr. LOTT (for himself and Mr. Cochran):
S. 255. A bill to require the Secretary of the Army to carry out such
activities as are necessary to stabilize the bluffs along the
Mississippi River in the vicinity of Natchez, MS, and for other
purposes; to the Committee on Environment and Public Works.
NATCHEZ BLUFFS STABILIZATION LEGISLATION
Mr. LOTT. Mr. President, I rise today to introduce legislation to
authorize the Corps of Engineers to stabilize sections of the Natchez
Bluffs. The deterioration of these bluffs has created a profound danger
to both life and property.
These bluffs overlook the Mississippi River and are formed by loess
soil, a very fine powdery substance that practically liquefies when it
gets wet. Water has infiltrated this soil causing numerous and
unexpected mudslides and sloughing. This has put the historic homes on
the bluffs and at their base in jeopardy.
Natchez has a long and distinguished history. Not only was this area
the ancestral home for the Natchez Indians; it is the oldest settlement
in my State. In fact, it is the oldest settlement on the Mississippi
River, even older than New Orleans or St. Louis. When my State was a
territory, Natchez was our capital, and during the antebellum times it
was a major center for cotton trading. Natchez has been designated as a
national historical park. The Natchez Trace, which was a major inland
trade route during colonial days, historically started at these bluffs.
Last year the National Trust for Historic Preservation put Natchez on
its list of America's ``Eleven Most Endangered Historic Places.'' To
quote Richard Moe, president of the National Trust:
The National Trust strongly supports the authorization for
the Army Corps of Engineers to stabilize the bluffs. These
historic resources are some of the most outstanding in the
United States, and they must not be lost when there is an
available remedy to the threat.
In March 1980, there was a very serious slide at the Natchez Bluffs
that killed two people and injured many more. Last year there was
another slide which carried away a significant portion of the bluffs.
Clearly, the bluffs are now past the point of makeshift repair measures
which the State and the municipality have attempted. Now is the time to
have the Government Federal engineer step in. The Corps of Engineers
examined the current situation, and their most recent draft report
characterizes the deteriorating condition as an emergency.
I encourage all my colleagues to support this bill and the idea
behind it. Not just due to the imminent danger posed to life by the
real possibility for additional slides, but also for preserving
nationally recognized historic property. I introduced similar
legislation last year as Senate bill 1492, that would do essentially
the same thing.
I am pleased to be joined by Senator Thad Cochran, the senior Senator
from my State, in cosponsoring this legislation to protect these
historically significant properties and to prevent potential loss of
lives.
Mr. COCHRAN. Mr. President, I am pleased to join my colleague,
Senator Lott, in cosponsoring legislation which would authorize funds
to stabilize the river bluffs at Natchez.
Two years ago, at my request, the Energy and Water Appropriations
Subcommittee, in its fiscal year 1994 appropriations bill, asked the
Corps of Engineers to undertake a technical study of the condition and
possible stabilizing actions that could be taken. Last year, we asked
the corps to prepare a second report focusing on updated cost estimates
and, in light of more recent bad weather and deterioration, on the
current severity of the situation. We have seen the corps' second
report. In that report, the Corps of Engineers states what the Governor
of Mississippi, the mayor of Natchez, and the people of Natchez have
known and have been saying for some time: That the Natchez Bluff
situation is an emergency.
Last October, the Natchez Democrat editorialized, ``Each day that
passes without a remedy, sections of the bluffs become more precarious,
threatening homes and businesses.'' Natchez Bluffs is like a
deteriorating health problem. Every day that goes by without action
means that corrective action will be more complex and more expensive.
And so, in this day when budget constraints are the watchword, it is
even more imperative to move on truly important projects like this one
without delay. More delay will mean more money. More delay will mean
more hardship for the people of Natchez.
Therefore, I urge the Senate to approve this authorization for Corps
of Engineers work in Natchez. Individuals homes, businesses, and
important, historic sections of a grand old American city are at stake.
[[Page S1274]]
By Mr. DOLE (for himself, Mr. Lautenberg, Mr. Lieberman, and Mr.
Simpson):
S. 256. A bill to amend title 10, United States Code, to establish
procedures for determining the status of certain missing members of the
Armed Forces and certain civilians, and for other purposes; to the
Committee on Armed Services.
missing service personnel act
Mr. DOLE. Mr. President, today I rise, with my colleagues, Senator
Simpson, Senator Lautenberg, and Senator Lieberman, to introduce the
Missing Service Personnel Act of 1995. This legislation is similar to
that which was introduced last year but which the Congress was unable
to consider before adjournment. The legislation would reform the
Department of Defense's procedures for determining whether members of
the Armed Forces should be listed as missing or presumed dead.
Legislation pertaining to those missing in action has not changed in
the past 50 years. Since the Vietnam war, the Department of Defense and
the U.S. Government have been criticized for their handling of the POW/
MIA issue. Some of that criticism is legitimate. Some of it has been
brought upon the Government by its own actions or inactions. This bill
attempts to correct most of those problems and establish a fair and
equitable procedure for determining the exact status of such personnel.
At the same time, it is my hope that we might restore some of the
Department's credibility on this issue and rebuild faith and trust
between the public and our Federal Government.
This bill attempts to ensure that missing members of the Armed Forces
or civilian employees accompanying them are fully accounted for by the
Government and that they are not declared dead solely because of the
passage of time. The legislation would establish new procedures for
determining the whereabouts and status of missing persons.
Additionally, the bill provides for the appointment of counsel for the
missing persons, ensuring that the Government does not disregard their
interests and affording them due process of law. The proposal also
attempts to remove the curtains of secrecy which often seem to surround
these cases by ensuring access to Government information and by making
all information available to the hearing officers. Additionally, the
missing person's complete personnel file would be made available for
review by the family members. Moreover, the
legislation attempts to protect the interests of the missing person's
immediate family, dependents, and next of kin, allowing them to be
represented by counsel and to participate with the boards of inquiry.
It is our hope that by allowing more participation by the family,
requiring legal representation of the missing persons, and permitting
Federal court review of all determinations, we will establish
fundamental fairness for all concerned.
We recognize that the Department of Defense has concerns about this
legislation. At the same time, we also realize that families of missing
personnel raise legitimate issues. However, in my view, we need to look
at this issue from the perspective of those brave men and women
currently serving in our Armed Forces. As this bill moves through the
legislative process, it is our hope that all of these issues and
concerns will be addressed.
Mr. President, the men and women in uniform must know that this
Nation will do everything possible to return them safely home in the
event they become missing while serving in armed conflict.
Additionally, we must assure them that a more open and fair procedure
will be established to determine their exact status.
In closing, let me note the support that this legislation has already
received. I have received letters encouraging the introduction of this
bill from the American Legion, the Disabled American Veterans, the
National Vietnam Veterans Coalition, and Vietnow.
Additionally, in just the short time between its introduction last
year and our adjournment, this legislation gained a total of 23
cosponsors. I am pleased to again sponsor this important legislation
with the distinguished Senator from New Jersey, and urge my colleagues
to support it.
Mr. President, I ask unanimous consent that the text of the bill and
letters from each of these organizations be printed in the Record
following my statement.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 256
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 ``Missing Service Personnel
Act of 1995''.
SEC. 2. PURPOSE.
The purpose of this Act is to ensure that any member of the
Armed Forces and any civilian employee of the Federal
Government or contractor of the Federal Government who serves
with or accompanies an Armed Force in the field under orders
is fully accounted for by the Federal Government and, as a
general rule, is not declared dead solely because of the
passage of time.
SEC. 3. DETERMINATION OF WHEREABOUTS AND STATUS OF CERTAIN
MISSING PERSONS.
(a) In General.--Chapter 53 of title 10, United States
Code, is amended by adding at the end of the following new
section:
``Sec. 1060b. Missing persons: informal investigations;
inquiries; determinations of death; personnel files
``(a) Informal Investigations.--
``(1) In general.--After receiving factual information that
the whereabouts or status of a person described in paragraph
(2) is uncertain and that the absence of the person may be
involuntary, the military commander of the unit, facility, or
area to or in which the person is assigned shall conduct an
investigation into the whereabouts and status of the person.
``(2) Covered persons.--Paragraph (1) applies to the
following individuals:
``(A) Any member of the armed forces who disappears during
a time or war or national emergency, or during a period of
such other hostilities as the Secretary of Defense may
prescribe.
``(B) Any civilian employee of the Federal Government
(including an employee of a contractor of the Federal
Government) who--
``(i) serves with or accompanies an armed force in the
field during such a time or period; and
``(ii) disappears during such service or accompaniment.
``(3) Further activities.--As a result of an investigation
into the whereabouts and status of a person under paragraph
(1), a commander shall--
``(A) place the person in a missing status;
``(B) submit a notice that the person has been placed in a
missing status to--
``(i) in the case of a person who is a member of the armed
forces, the officer having general court-martial authority
over the person;
``(ii) in the case of a person who is a civilian employee
of the Federal Government or contractor of the Federal
Government, the Secretary of the department employing the
person or contracting with the contractor;
``(C) retain and safeguard for official use any
information, documents, records, statements, or other
evidence relating to the whereabouts or status of the person
that result from the investigation or from actions taken to
locate the person; and
``(D) submit to the officer having general court-martial
authority over the person, in the case of a member of the
armed forces, or to the Secretary of the department employing
the person or contracting with the contractor, in the case of
a civilian employee of the Federal Government or contractor
of the Federal Government, as the case may be--
``(i) not later than 48 hours after the date on which the
absence of the person is officially noted, a report that--
``(I) contains information on the absence or disappearance
of the person;
``(II) describes the actions taken to locate the person;
and
``(III) sets forth any information relating to the
whereabouts or status of the person not contained in any
previous report;
``(ii) not later than 7 days after such date, a report
that--
``(I) summarizes the actions taken to locate the person;
and
``(II) sets forth any information relating to the
whereabouts or status of the person not contained in any
previous report;
``(iii) not later than 30 days after such date, a report
that--
``(I) summarizes the continuing actions to locate the
person; and
``(II) sets forth any information on the whereabouts or
status of the person that results from such actions; and
``(iv) at any other time, a report that sets forth any
other information that may be relevant to the whereabouts or
status of the person.
``(b) Initial Inquiry.--
``(1) In general.--Not later than 7 days after receiving
notification under subsection (a)(3)(B) that a person has
been placed in missing status, the officer having general
court-martial authority over the person, in the case of a
person who is a member of the armed forces, or the Secretary
of the department employing the person or contracting with
the contractor, in the case of a person who is a civilian
employee of the Federal Government or contractor of the
Federal
[[Page S1275]] Government, shall appoint a board to conduct
an inquiry into the whereabouts and status of the person.
``(2) Scope of certain inquiries.--If it appears to the
official who appoints a board under this subsection that the
absence or missing status of two or more persons is factually
related, the official may appoint one board under this
subsection to conduct the inquiry into the whereabouts or
status of the persons.
``(3) Composition.--
``(A) In general.--A board appointed under this subsection
shall consist of at least one individual described in
subparagraph (B) who has experience with and understanding of
military operations or activities similar to the operation or
activity in which the person or persons disappeared.
``(B) Required member.--An individual referred to in
subparagraph (A) is the following:
``(i) A military officer, in the case of an inquiry with
respect to a member of the armed forces.
``(ii) A civilian, in the case of an inquiry with respect
to a civilian employee of the Federal Government or
contractor of the Federal Government.
``(C) Access to classified information.--Each member of a
board appointed for an inquiry under this subsection shall
have a security clearance that affords the member access to
all information relating to the whereabouts and status of the
missing person or persons covered by the inquiry.
``(4) Activities.--A board appointed to conduct an inquiry
into the whereabouts or status of a missing person or persons
under this subsection shall--
``(A) collect, develop, and investigate all facts and
evidence relating to the disappearance, whereabouts, or
status of the person or persons;
``(B) collect appropriate documentation of the facts and
evidence covered by the investigation;
``(C) analyze the facts and evidence, make findings based
on the analysis, and draw conclusions as to the current
whereabouts and status of the person or persons; and
``(D) recommend to the officer having general court-martial
authority over the person, in the case of a person who is a
member of the armed forces, or the Secretary of the
department employing the person or contracting with the
contractor, in the case of a person who is a civilian
employee of the Federal Government or contractor of the
Federal Government, that--
``(i) the person or persons continue to have a missing
status; or
``(ii) the person or persons be declared (I) to have
deserted, (II) to be absent without leave, or (III) to be
dead.
``(5) Inquiry proceedings.--During the proceedings of an
inquiry under this subsection, a board shall--
``(A) collect, record, and safeguard all classified and
unclassified facts, documents, statements, photographs,
tapes, messages, maps, sketches, reports, and other
information relating to the whereabouts or status of the
person or persons covered by the inquiry;
``(B) gather facts and information relating to actions
taken to find the person or persons, including any evidence
of the whereabouts or status of the person or persons that
arises from such actions; and
``(C) maintain a record of the proceedings.
``(6) Counsel for missing person.--
``(A) In general.--The official who appoints a board to
conduct an inquiry under this subsection shall appoint
counsel to represent the person or persons covered by the
inquiry.
``(B) Qualifications.--An individual appointed as counsel
under this paragraph shall--
``(i) meet the qualifications set forth in section 827(b)
of this title (article 27(b) of the Uniform Code of Military
Justice); and
``(ii) have a security clearance that affords the
individual access to all information relating to the
whereabouts or status of the person or persons covered by the
inquiry.
``(C) Responsibilities and duties.--An individual appointed
as counsel under this paragraph--
``(i) shall have access to all facts and evidence
considered by the board during the proceedings under the
inquiry for which the counsel is appointed;
``(ii) shall observe all official activities of the board
during such proceedings;
``(iii) may question witnesses before the board;
``(iv) shall monitor the deliberations of the board;
``(v) shall review the report of the board under paragraph
(9); and
``(vi) shall submit to the official who appointed the board
an independent review of such report.
``(D) Treatment of review.--A review of the report of a
board on an inquiry that is submitted under subparagraph
(C)(vi) shall be made an official part of the record of the
board with respect to the inquiry.
``(7) Access to meetings.--The proceedings of a board
during an inquiry under this subsection shall be closed to
the public, including to any member of the immediate family,
dependent, primary next of kin, or previously designated
person of the person or persons covered by the inquiry.
``(8) Recommendation on status.--
``(A) In general.--Upon completion of an inquiry into the
whereabouts or status of a person or persons under this
subsection, a board shall make a recommendation to the
official who appointed the board as to the current
whereabouts or status of the person or persons.
``(B) Recommendation of status as dead.--
``(i) In general.--A board may not recommend under
subparagraph (A) that a person or persons be declared dead
unless conclusive proof of the death of the person or persons
is established by the board.
``(ii) Definition.--In this subparagraph, the term
`conclusive proof of death', in the case of a person or
persons, means evidence establishing that death is the only
plausible explanation for the absence of the person or
persons.
``(9) Report.--
``(A) Requirement.--A board appointed under this subsection
shall submit to the official who appointed the board a report
on the inquiry carried out by the board. Such report shall
include--
``(i) a discussion of the facts and evidence considered by
the board in the inquiry; and
``(ii) the recommendation of the board under paragraph (8).
``(B) Submittal date.--A board shall submit a report under
this paragraph not later than 45 days after the date of the
first official notice of the disappearance of the person or
persons covered by the inquiry described in the report.
``(C) Public availability.--A report submitted under this
paragraph may not be made public until 1 year after the date
referred to in subparagraph (B).
``(10) Actions by appointing official.--
``(A) Review.--Not later than 15 days after the date of the
receipt of a report from a board under paragraph (9), the
official who appointed the board shall review--
``(i) the report; and
``(ii) the review submitted under paragraph (6)(C)(vi) by
the counsel for the person or persons covered by the inquiry
described in the report.
``(B) Scope of review.--In conducting a review of a report
under subparagraph (A), the official receiving the report
shall determine whether or not the report is complete and
free of administrative error.
``(C) Return.--If an official determines under subparagraph
(B) that a report is incomplete, or that a report is not free
of administrative error, the official may return the report
to the board for further action on the report by the board.
``(D) Determination of status.--Upon a determination by the
official concerned that a report reviewed by the official
under this paragraph is complete and free of administrative
error, the official shall make a determination of the status
of the person or persons covered by the report.
``(11) Report to interested persons.--Not later than 90
days after the first official notice of the disappearance of
a person or persons, the official who appoints a board of
inquiry into the whereabouts or status of the person or
person under this subsection shall--
``(A) provide an unclassified summary of the report of the
board to the members of the immediate family, dependents,
primary next of kin, and previously designated persons of the
person or persons; and
``(B) inform the individuals referred to in subparagraph
(A) that the Federal Government will conduct a subsequent
inquiry into the whereabouts or status of the person or
persons not earlier than 1 year after the date of the first
official notice of the disappearance of the person or
persons, unless information becomes available sooner that
would result in a substantial change in the official status
of the person or persons.
``(12) Additional investigation.--
``(A) In general.--If information on the whereabouts or
status of a person or persons covered by an inquiry under
this subsection becomes available within 1 year after the
date of the first official notice of the disappearance of the
person or persons, the official who appointed the board to
inquire into the whereabouts or status of the person or
persons under this subsection shall appoint an additional
board to conduct an inquiry into the information
``(B) Conduct of inquiry.--The appointment and activities
of a board under this paragraph shall be subject to the
provisions of this subsection.
``(c) Subsequent Inquiry.--
``(1) Requirement.--
``(A) In general.--If as a result of an inquiry under
subsection (b) an official determines under paragraph (10)(D)
of that subsection that a person or persons retain or be
placed in a missing status, the Secretary concerned shall
appoint a board under this subsection to conduct an inquiry
into the whereabouts and status of the person or persons.
``(B) Definition.--For purposes of this subsection, the
term `Secretary concerned' means the following:
``(i) In the case of a member of the armed forces, the
Secretary of the military department having jurisdiction over
the armed force of the member.
``(ii) In the case of a civilian employee of the Federal
Government or contractor of the Government, the Secretary of
the department employing the employee or contracting with the
contractor, as the case may be.
``(2) Date of appointment.--The Secretary concerned shall
appoint a board under this subsection to conduct an inquiry
into the whereabouts and status of a person or persons on or
about 1 year after the date of the
[[Page S1276]] first official notice of the disappearance of
the person or persons.
``(3) Scope of certain inquiries.--If it appears to the
Secretary concerned that the absence or status of two or more
persons is factually related, the Secretary may appoint one
board under this subsection to conduct the inquiry into the
whereabouts or status of the persons.
``(4) Composition.--
``(A) In general.--Subject to subparagraphs (B) and (C), a
board appointed under this subsection shall consist of the
following:
``(i) In the case of a board appointed to inquire into the
whereabouts or status of a member or members of the armed
forces, not less than three officers having a grade O-4 or
higher.
``(ii) In the case of a board appointed to inquire into the
whereabouts or status of a civilian employee or employees of
the Federal Government or contractor of the Government--
``(I) not less than three civilian employees of the Federal
Government whose rate of annual pay is equal to or greater
than the rate of annual pay payable for grade GS-13 of the
General Schedule under section 5332 of title 5; and
``(II) such members of the armed forces as the Secretary
concerned and the Secretary of Defense jointly determine
advisable.
``(B) President of board.--The Secretary concerned shall
designate one member of each board appointed under this
subsection as President of the board. The President shall
have a security clearance that affords the President access
to all information relating to the whereabouts and status of
the person or persons covered by the inquiry.
``(C) Requirements for other members.--
``(i) Attorney.--One member of each board appointed under
this subsection shall be an attorney, or judge advocate, who
has expertise in the public law relating to missing persons,
the determination of death of such persons, and the rights of
family members and dependents of such persons.
``(ii) Occupational specialist.--One member of each board
appointed under this subsection shall be an individual who
has--
``(I) an occupational specialty similar to that of one or
more of the persons covered by the inquiry; and
``(II) an understanding of and expertise in the official
activities of one or more such persons at the time such
person or persons disappeared.
``(iii) Expert in transportation.--If the person or persons
covered by an inquiry disappeared in transit, one member of
the board appointed for the inquiry shall be an individual
whose occupational specialty relates to the piloting,
navigation, or operation of the mode of transportation in
which the person or persons were travelling at the time such
person or persons disappeared.
``(5) Activities.--A board appointed under this subsection
to conduct an inquiry into the whereabouts or status of a
person or persons shall--
``(A) review the report under paragraph (9) of subsection
(b) of the board appointed to conduct the inquiry into the
status or whereabouts of the person or persons under
subsection (b) and the determination under paragraph (10)(D)
of that subsection of the official who appointed the board
under that subsection as to the status of the person or
persons;
``(B) collect and evaluate any documents, facts, or other
evidence with respect to the whereabouts or status of the
person or persons that have become available since the
completion of the inquiry under subsection (b);
``(C) draw conclusions as to the whereabouts or status of
the person or persons;
``(D) determine on the basis of the activities under
subparagraphs (A) and (B) whether the status of the person or
persons should be continued or changed; and
``(E) issue a report to the Secretary concerned describing
the findings and conclusions of the board, together with a
recommendation on the whereabouts or status of the person or
persons.
``(6) Counsel for missing person or persons.--
``(A) In general.--The Secretary who appoints a board to
conduct an inquiry under this subsection shall appoint
counsel to represent the person or persons covered by the
inquiry.
``(B) Qualifications.--An individual appointed as counsel
under this paragraph shall--
``(i) meet the qualifications set forth in section 827(b)
of this title (article 27(b) of the Uniform Code of Military
Justice); and
``(ii) have a security clearance that affords the
individual access to all information relating to the
whereabouts or status of the person or persons.
``(C) Responsibilities and duties.--An individual appointed
as counsel under this paragraph--
``(i) shall have access to all facts and evidence
considered by the board during the proceedings under the
inquiry for which the counsel is appointed;
``(ii) shall observe all official activities of the board
during such proceedings;
``(iii) may question witnesses before the board;
``(iv) shall monitor the deliberations of the board; and
``(v) shall review the report of the board under paragraph
(11); and
``(vi) shall submit to the Secretary concerned an
independent review of the recommendation of the board under
paragraph (10).
``(D) Treatment of review.--The review of the report of a
board on an inquiry that is submitted under subparagraph
(C)(vi) shall be made an official part of the record of the
board with respect to the inquiry.
``(7) Participation of certain interested persons in
proceedings.--
``(A) In general.--Notwithstanding any other provision of
law, the members of the immediate family, dependents, primary
next of kin, and previously designated persons of the person
or persons covered by an inquiry under this subsection may
participate at the proceedings of the board during the
inquiry.
``(B) Notification of persons.--The Secretary concerned
shall notify the individuals referred to in subparagraph (A)
of the opportunity to participate at the proceedings of a
board not later than 60 days before the first meeting of the
board.
``(C) Response.--An individual who receives notice under
subparagraph (B) shall notify the Secretary of the intent, if
any, of the individual to participate at the proceedings of a
board not later than 21 days after the date of the
individual's receipt of the notice.
``(D) Schedule and location of proceedings.--The Secretary
shall, to the maximum extent practicable, provide that the
schedule and location of the proceedings of a board under
this subsection be established so as to be convenient to the
individuals who notify the Secretary under subparagraph (C)
of their intent to participate at such proceedings.
``(E) Manner of participation.--Individuals who notify the
Secretary under subparagraph (C) of their intent to
participate at the proceedings of a board--
``(i) in the case of individuals whose entitlement to the
pay or allowances (including allotments) of a missing person
could be reduced or terminated as a result of a revision in
the status of the missing person, may attend the proceedings
of the board with private counsel;
``(ii) shall have access to the personnel file of the
missing person, to unclassified reports (if any) of the board
appointed under subsection (b) to conduct the inquiry into
the whereabouts and status of the person, and to any other
unclassified information or documents relating to the
whereabouts and status of the person;
``(iii) shall be afforded the opportunity to present
information at the proceedings that such individuals consider
to be relevant to the proceedings; and
``(iv) subject to subparagraph (F), shall be afforded the
opportunity to submit in writing objections to the
recommendations of the board under paragraph (10) as to the
status of the missing person.
``(F) Objections.--Objections to the recommendations of the
board under subparagraph (E)(iv) shall be submitted to the
President of the board not later than 24 hours after the date
on which such recommendations are made. The President shall
include the objections in the report of the board to the
Secretary concerned under paragraph (12).
``(G) Prohibition on reimbursement.--Individuals referred
to in subparagraph (A) who participate in the proceedings of
a board under this paragraph shall not be entitled to
reimbursement by the Federal Government for any costs
incurred by such individuals in attending such proceedings,
including travel, lodging, meals, local transportation, legal
fees, transcription costs, witness expenses, and other
expenses.
``(8) Availability of information to boards.--
``(A) In general.--In conducting proceedings in an inquiry
under this subsection, a board may secure directly from any
department or agency of the Federal Government any
information that the members of the board consider necessary
in order to conduct the proceedings.
``(B) Authority to release.--Upon written request from the
President of a board, the head of a department or agency of
the Federal Government shall release information covered by
the request to the board. In releasing such information, the
head of the department or agency shall--
``(i) declassify to an appropriate degree classified
information; or
``(ii) release the information in a manner not requiring
the removal of markings indicating the classified nature of
the information.
``(C) Treatment of classified information.--
``(i) Release.--If a request for information under
subparagraph (B) covers classified information that cannot be
declassified, cannot be removed before release from the
information covered by the request, or cannot be summarized
in a manner that prevents the release of classified
information, the classified information shall be made
available only to the President of the board making the
request and the counsel for the missing person appointed
under paragraph (6).
``(ii) Use in proceedings.--The President of a board shall
close to persons who do not have appropriate security
clearances the proceeding of the board at which classified
information is discussed. Participants at a proceeding of a
board at which classified information is discussed shall
comply with all applicable laws and regulations relating to
the disclosure of classified information. The Secretary
concerned shall assist the President of a board in ensuring
that classified information is not compromised through board
proceedings.
[[Page S1277]] ``(9) Board meetings.--
``(A) In general.--Subject to subparagraph (B), the
proceedings of a board under this subsection shall be open to
the public.
``(B) Exceptions.--A proceeding of a board shall be closed
to the public at the request of the following:
``(i) The counsel appointed under paragraph (6) for the
person or persons covered by the proceeding.
``(ii) Any member of the immediate family, dependent,
primary next of kin, or previously designated person of the
person or persons.
``(iii) The Secretary who appointed the board, but only if
such Secretary determines that a proceeding open to the
public could jeopardize the health and well-being of other
missing persons or impair the activities of the Federal
Government to recover missing persons in the theater of
operations or the area in which the missing person or persons
are thought to have disappeared.
``(iv) The President of the board, but only for discussion
of classified information.
``(10) Recommendation on status.--
``(A) In general.--Upon completion of proceedings in an
inquiry under this subsection, a board shall make a
recommendation as to the current whereabouts or status of the
missing person or persons covered by the inquiry.
``(B) Recommendation of dead status.--
``(i) In general.--A board may not recommend under
subparagraph (A) that a person or persons be declared dead
unless--
``(I) conclusive proof of death is established by the
board; and
``(II) in making the declaration, the board complies with
subsection (f).
``(ii) Definition.--In this subparagraph, the term
`conclusive proof of death', in the case of a person or
persons, means evidence establishing that death is the only
plausible explanation for the absence of the person or
persons.
``(11) Report.--
``(A) Requirement.--A board appointed under this subsection
shall submit to the Secretary concerned a report on the
inquiry carried out by the board, together with the evidence
considered by the board during the inquiry.
``(B) Classified annex.--The report may include a
classified annex.
``(12) Actions by secretary.--
``(A) Review.--Not later than 30 days after the receipt of
a report from a board under paragraph (11), the Secretary
concerned shall review--
``(i) the report;
``(ii) the review submitted to the Secretary under
paragraph (6)(C)(vi) by the counsel for the person or persons
covered by the report; and
``(iii) the objections, if any, to the report submitted to
the President of the board under paragraph (7)(F).
``(B) Scope of review.--In reviewing the report, review,
and objections under subparagraph (A), the Secretary shall
determine whether or not the report is complete and free of
administrative error.
``(C) Further action.--If the Secretary determines under
subparagraph (B) that a report is incomplete, or that a
report is not free of administrative error, the Secretary may
return the report to the board for further action on the
report by the board.
``(D) Determination of status.--Upon a determination by the
Secretary that a report reviewed by the Secretary under this
paragraph is complete and free of administrative error, the
Secretary shall make a determination of the status of the
person or persons covered by the report.
``(13) Report to interested persons.--Not later than 90
days after a board submits a report on a person or persons
under paragraph (11), the Secretary concerned shall--
``(A) provide an unclassified summary of the report to the
members of the immediate family, the dependents, the primary
next of kin, and the previously designated persons of the
person or persons covered by the report; and
``(B) in the case of a person or persons who continue to be
in missing status, inform the members, dependents, kin, and
persons of the person or persons that the Federal Government
will conduct a further investigation into the whereabouts or
status of the person or persons not later than 3 years after
the date of the official notice of the disappearance of the
person or persons, unless information becomes available
within that time that would result in a substantial change in
the official status of the person or persons.
``(14) Reconvening of board.--
``(A) In general.--If the Secretary concerned recommends
that a person or persons continue in missing status, or that
a missing person previously declared dead be given a missing
status, the Secretary shall reconvene the board when
information becomes available that would directly lead to a
determination of status of the missing person or persons.
``(B) Conduct of proceedings.--The provisions of this
subsection shall apply to the activities of a board convened
under this paragraph.
``(d) Further Review.--
``(1) Subsequent review.--
``(A) In general.--The Secretary concerned shall appoint a
board to conduct an inquiry into the whereabouts or status of
any person or persons determined by the Secretary under
subsection (c)(12)(D) to be a person or persons in missing
status.
``(B) Frequency of appointment.--Subject to subparagraph
(C), the Secretary shall appoint a board to conduct an
inquiry with respect to a person or persons under this
paragraph--
``(i) on or about 3 years after the date of the official
notice of the disappearance of the person or persons; and
``(ii) not later than every 3 years thereafter.
``(C) Delimiting date.--The Secretary shall not be required
to appoint a board under this paragraph more than 12 years
after the end of the time of war or emergency or period of
hostilities in which the missing person or persons
disappeared.
``(2) Review of probative information.--Upon receipt of
information that could result in a change or revision of
status of a missing person or persons, the Secretary
concerned shall appoint a board to evaluate the information
and make a recommendation as to the status of the person or
persons to which the information relates.
``(3) Conduct of proceedings.--The appointment of and
activities before a board appointed under this subsection
shall be governed by the provisions of subsection (c).
``(e) Personnel Files.--
``(1) Information in files.--Except as provided in
paragraph (2), the Secretary of the department having
jurisdiction over a missing person at the time of the
person's disappearance shall, to the maximum extent
practicable, ensure that the personnel file of the person
contains all information in the possession of the Federal
Government relating to the disappearance and whereabouts or
status of the person.
``(2) Classified information.--
``(A) Authority to withhold.--The Secretary concerned may
withhold classified information from a personnel file under
this subsection.
``(B) Notice of withholding.--If the Secretary concerned
withholds classified information from the personnel file of a
person, the Secretary shall ensure that the file contains the
following:
``(i) A notice that the withheld information exists.
``(ii) A notice of the date of the most recent review of
the classification of the withheld information.
``(3) Wrongful withholding.--Any person who knowingly and
willfully withholds from the personnel file of a missing
person any information (other than classified information)
relating to the disappearance or whereabouts or status of a
missing person shall be fined as provided in title 18, or
imprisoned not more than 1 year, or both.
``(4) Availability of information.--The Secretary concerned
shall, upon request, make available the contents of the
personnel file of a missing person to members of the
immediate family, dependents, primary next of kin, or
previously designated person of the person.
``(f) Recommendation of Status of Death.--
``(1) Requirements relating to recommendation.--A board
appointed under subsection (c) or (d) may not recommend that
a person be declared dead unless--
``(A) evidence (other than the passage of a period of time
of less than 50 years) exists to suggest that the person is
dead;
``(B) the Federal Government possesses no evidence that
reasonably suggests that the person is alive;
``(C) representatives of the Federal Government have made a
complete search of the area where the person was last seen
(unless, after making every good faith effort to obtain
access to such area, such representatives are not granted
such access); and
``(D) representatives of the Federal Government have
examined the records of the government or entity having
control over the area where the person was last seen (unless,
after making every good faith effort to obtain access to such
records, such representatives are not granted such access).
``(2) Submittal of information on death.--If a board
appointed under subsection (c) or (d) makes a recommendation
that a missing person be declared dead, the board shall
include in the report of the board with respect to the person
under such subsection (c) or (d) the following:
``(A) A detailed description of the location where the
death occurred.
``(B) A statement of the date on which the death occurred.
``(C) A description of the location of the body, if
recovered.
``(D) If the body has been recovered, a certification by a
licensed practitioner of forensic medicine that the body
recovered is that of the missing person.
``(g) Judicial Review.--
``(1) In general.--
``(A) Judicial review.--A person referred to in
subparagraph (B) may obtain review of a finding described in
subparagraph (C) by the court of appeals of the United States
for the circuit in which the person resides or in which the
finding was made.
``(B) Availability of review.--Subparagraph (A) applies to
any of the following persons with respect to a missing person
subject to a finding described in subparagraph (C):
``(i) A member of the immediate family of the person.
``(ii) A dependent of the person.
``(iii) The primary next of kin of the person.
``(iv) A person previously designated by the person.
``(C) Covered findings.--Subparagraph (A) applies to the
following findings:
[[Page S1278]] ``(i) A finding by a board appointed under
subsection (c) or (d) that a missing person is dead.
``(ii) A finding by a board appointed under subsection (h)
that confirms that a missing person formerly declared dead is
in fact dead.
``(D) Commencement of review.--A person referred to in
subparagraph (B) shall request review of a finding under this
paragraph by filing with the appropriate court a written
petition requesting that the finding be set aside.
``(2) Appeal and finality of review.--The decision of the
court of appeals on a petition for review under paragraph (1)
shall be final, except that it shall be subject to review by
the Supreme Court upon certiorari, as provided in section
1254 of title 28.
``(3) Additional review.--
``(A) In general.--Subject to subparagraph (B), upon
request by a person referred to in paragraph (1)(B), the
Secretary concerned shall appoint a board to review the
status of a person covered by a finding described in
paragraph (1)(C) if the court of appeals sets aside the
finding and--
``(i) the time allowed for filing a petition for certiorari
has expired and no such petition has been duly filed;
``(ii) the petition for certiorari has been denied; or
``(iii) the decision of the court of appeals has been
affirmed by the Supreme Court.
``(B) Delimiting date.--A person referred to in
subparagraph (A) shall make a request referred to in that
subparagraph not later than 3 years after the date of the
event under that subparagraph that entitles the person to
request the appointment of a board.
``(h) Persons Previously Declared Dead.--
``(1) Review of status.--
``(A) In general.--Not later than 2 years after the date of
the enactment of the Missing Service Personnel Act of 1994, a
person referred to in subparagraph (B) may submit to the
appropriate Secretary a request for appointment by the
Secretary of a board to review the status of a person
previously declared dead.
``(B) Availability.--A board shall be appointed under this
paragraph based on the request of any of the following
persons:
``(i) An adult member of the immediate family of a person
previously declared dead.
``(ii) An adult dependent of such person.
``(iii) The primary next of kin of such person.
``(iv) A person previously designated by such person.
``(C) Appropriate Secretary.--A request under this
paragraph shall be submitted to the Secretary of the
department of the Federal Government that had jurisdiction
over the person covered by the request at the time of the
person's disappearance.
``(2) Appointment of board.--Upon request of a person under
paragraph (1), the Secretary concerned shall appoint a board
to review the status of the person covered by the request.
``(3) Activities of board.--A board appointed under
paragraph (2) to review the status of a person shall--
``(A) conduct an investigation to determine the status of
the person; and
``(B) issue a report describing the findings of the board
under the investigation and the recommendations of the board
as to the status of the person.
``(4) Subsequent review.--If the Secretary concerned is
apprised of any information which would directly lead to a
determination of the status of a missing person, the
Secretary shall reconvene a board to consider the
information.
``(5) Effect of change in status.--If a board appointed
under this subsection recommends placing a person previously
declared dead in a missing status such person shall accrue no
pay or allowances as a result of the placement of the person
in such status.
``(i) Return Alive of Person Declared Missing or Dead.--
``(1) Pay and allowances.--Any person in a missing status
or declared dead under the Missing Persons Act of 1942 (56
Stat. 143) or by a board appointed under this section who is
found alive and returned to the control of the United States
shall be paid for the full time of the absence of the person
while given that status or declared dead under the law and
regulations relating to the pay and allowances of persons
returning from a missing status.
``(2) Effect on gratuities paid as a result of status.--
Paragraph (1) shall not be interpreted to invalidate or
otherwise affect the receipt by any person of a death
gratuity or other payment from the United States on behalf of
a person referred to in paragraph (1) before the date of the
enactment of the Missing Service Personnel Act of 1994.
``(j) Effect on State Law.--Nothing in this section shall
be construed to invalidate or limit the power of any State
court or administrative entity, or the power of any court or
administrative entity of any political subdivision thereof,
to find or declare a person dead for purposes of the such
State or political subdivision.
``(k) Definitions.--In this section:
``(1) The term `classified information' means any
information the unauthorized disclosure of which (as
determined under applicable law and regulations) could
reasonably be expected to damage the national security.
``(2) The term `dependent', in the case of a missing
person, mean any individual who would, but for the status of
the person, be entitled to receive the pay and allowances
(including allotments) of the person.
``(3) The term `member of the immediate family', in the
case of a missing person, means the spouse, adopted or
natural child, parent, and sibling of the missing person.
``(4) The term `missing person' means--
``(A) a member of the armed forces on active duty who is
missing; or
``(B) a civilian employee serving with or accompanying an
armed force under orders who is missing.
``(6) The term `missing status' means the status of a
missing person who is determined to be absent in a status
of--
``(A) missing;
``(B) missing in action;
``(C) interned in a foreign country;
``(D) captured, beleaguered, or besieged by a hostile
force; or
``(E) detained in a foreign country against his or her
will.
``(6) The term `primary next of kin', in the case of a
missing person, means--
``(A) the principal individual who, but for the status of
the person, would receive financial support from the person;
or
``(B) in the case of a missing person for whom there is no
individual meeting the requirement of subparagraph (A), the
family member or other individual designated by the missing
person to receive death gratuities.
``(7) The term `previously designated person', in the case
of a missing person, means an individual (other than an
individual who is a member of the immediate family of the
missing person) designated by the missing person as the
individual to be notified of all matters relating to the
status of the missing person.
``(8) The term `State' means any State, the District of
Columbia, the Commonwealth of Puerto Rico, and any territory
or possession of the United States.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 53 of title 10, United States Code, is
amended by adding the end the following:
``1060b. Missing persons: informal investigations; inquiries;
determinations of death; personnel files.''.
(c) Conforming Amendments.--(1)(A) Section 555 of title 37,
United States Code, is repealed.
(B) The table of sections at the beginning of chapter 10 of
such title is amended by striking out the item relating to
section 555.
(2) Section 552 of such title is amended--
(A) in the second sentence of the flush matter following
paragraph (2) in subsection (a), by striking out ``for all
purposes,'' and all that follows through the end of the
sentence and inserting in lieu thereof ``for all purposes.'';
(B) in striking out paragraph (2) of subsection (b) and
inserting in lieu thereof the following:
``(2) that his death is determined under section 1060b of
title 10.''; and
(C) in subsection (e), by striking ``section 555 of this
title'' and inserting ``section 1060b of title 10''.
(3) Section 553 of such title is amended--
(A) in subsection (f), by inserting ``under section 1060b
of title 10'' after ``When the Secretary concerned'';
(B) by striking out ``the Secretary concerned receives
evidence'' and inserting in lieu thereof ``a board convened
under section 1060b of title 10 reports''; and
(C) in subsection (g), by striking out ``section 555 of
this title'' and inserting ``section 1060b of title 10''.
(4) Section 556 of such title is amended--
(A) in subsection (a)--
(i) by inserting ``and'' at the end of paragraph (3);
(ii) by striking out the semicolon at the end of paragraph
(4) and inserting in lieu thereof a period; and
(iii) by striking paragraphs (1), (5), (6), and (7) and
redesignating paragraphs (2), (3), and (4) as paragraphs (1),
(2), and (3), respectively;
(B) by striking out subsection (b) and redesignating
subsections (c), (d), (e), (f), (g), and (h) as subsections
(b), (c), (d), (e), (f), and (g), respectively; and
(C) in subsection (g), as so redesignated--
(i) by striking out the second sentence; and
(ii) by striking ``status'' and inserting ``pay''.
(5) Section 557(a)(1) of such title is amended by striking
out ``, 553, and 555'' and inserting in lieu thereof ``and
553''.
(6) Section 559(b)(4)(B) of such title is amended by
striking out ``section 556(f)'' and inserting in lieu thereof
``section 556(e)''.
SEC. 4. SOLICITATION OF INFORMATION ON DEPENDENTS, FAMILY
MEMBERS, AND OTHER DESIGNATED PERSONS.
(a) Requirement.--Chapter 31 of title 10, United States
Code, is amended by adding at the end the following:
``Sec. 520c. Enlistments: information on dependents, family
members, and other designated persons
``(a) The Secretary concerned shall, upon the enlistment or
commission of a person in an armed force, require that the
person specify in writing the dependents of the person, the
members of the immediate family of the person, the primary
next of kin of the person, and any other individual that the
person shall designate for purposes of section 1060b of this
title. The purpose of the specification is to ensure the
notification of appropriate individuals in the event that
[[Page S1279]] the person is placed in missing status under
that section.
``(b) The Secretary concerned shall, upon the request of a
person referred to in subsection (a), permit the person to
revise at any time the individuals specified by the person
under that subsection. The person shall make any such
revision in writing.''.
(b) Conforming Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following:
``520c. Enlistments: information on dependents, family members, and
other designated persons.''.
____
The American Legion,
Washington, DC, January 17, 1955.
Hon. Robert J. Dole,
U.S. Senate, Hart Senate Office Building, Washington, DC.
Dear Senator Dole: A new calendar year and the convening of
a new Congress affords all Americans a unique opportunity to
renew their pledge to support all positive efforts to obtain
the fullest possible accounting of American prisoners of war
and those missing in action from past conflicts and the Cold
War. The American Legion is especially appreciative of your
personal efforts and concern for the plight of American POW/
MIAs. Your introduction of the Dole-Lautenberg bill, The
Missing Service Personnel Act of 1955, is both timely and
welcome. It directly and substantially supports on-going
Legion efforts to seek information about missing Americans
from previous wars.
Your sponsorship of this bill is especially significant
since it comes at a time when American contacts with foreign
governments are more interested in making lucrative business
arrangements than in obtaining a full and complete accounting
of missing service personnel. With the lifting of the embargo
against Vietnam early last year the U.S. lost its last major
bargaining lever for POWs and MIAs from the war in Southeast
Asia. Your bill, supported by the Senate in the 104th
Congress will serve to provide a more equitable basis for
making status determinations on missing service personnel
from wars past and conflicts yet to be fought.
Sincerely,
John F. Sommer, Jr.,
Executive Director.
____
Disabled American Veterans,
Washington, DC, January 17, 1955.
Hon. Bob Dole,
U.S. Senate, Hart Senate Office Building, Washington, DC.
Dear Senator Dole: On behalf of the Disabled American
Veterans (DAV), I take this opportunity to express our
appreciation for your support last year for legislation to
establish procedures for determining the whereabouts and
status of missing American service members and to require the
keeping of certain records on these persons. I understand
that you intend to reintroduce a similar bill in the near
future, and I therefore also write to express the DAV's full
support for your efforts.
Your actions are a recognition of this nation's most
important obligation to resolve questions about the fate of
those missing-in-action. As a nation, we must do everything
possible to account for those who have not returned, those
that were captured or killed in the service of their country.
Anything less would be an abandonment of our solemn
responsibilities to these courageous defenders and would be a
concession of defeat in the struggle to recover those who
sacrificed so much for our benefit.
The members of DAV are deeply concerned for the nearly
100,000 of our fellow servicemen and women still unaccounted
for in the aftermath of World War II, the Korean War, the
Vietnam War, and subsequent military engagements, and we hope
for a means to better account for our service members in any
future conflicts. The delegates to our 1994 annual National
Convention adopted a resolution supporting legislation to
establish new procedures for determining the status of
missing service members. We are confident that our nation's
citizens share the DAV's concern and will also fully support
any measures designed to improve our ability to account for
our missing-in-action.
The DAV commends you and offers its support for your
efforts. Please let us know if we can be of assistance to you
in this matter.
Sincerely,
Donald A. Sioss,
National Commander.
____
VietNow,
Rockford, IL, December 23, 1994.
Senator Robert Dole,
Hart Senate Office Building, Washington, D.C.
Dear Senator Dole: We, as Veterans of the Armed Forces of
the United States of America, realize the importance and the
immediate need for ``The Missing Service Personnel Act'',
which is long over due.
The practice of changing the classification of those listed
as Prisoner of War or Missing In Action to Killed In Action
based on the presumption of death, due solely to the passage
of time, is an outrage! In the proposed ``Missing Service
Personnel Act'', ``conclusive proof of death'' is required to
be established and based upon evidence that death is the only
plausible explanation for the absence of the missing person.
Important provisions of this legislation, are the inclusion
of family members in the review process, their access to
information gained during the investigation and a set time
frame for the review process.
Passage of the ``Missing Service Personnel Act'' is vital
and will restore a sense of confidence not only to those
effected by previous wars, but to those who may become
Prisoner Of War or listed as Missing In Action as a result of
future wars.
Senator Dole, we thank you for your past efforts and
strongly support and encourage you to reintroduce the
``Missing Service Personnel Act'' as one of the first items
to be introduced before the 104th Congress.
Sincerely,
Rich Teague,
VietNow National POW/MIA Chairman.
____
National Vietnam Veterans Coalition,
Washington, D.C, January 3, 1995.
Hon. Frank Lautenberg,
U.S. Senate, Hart Senate Office Building, Washington, DC.
Re: Missing Service Personnel Act.
Dear Senators Dole and Lautenberg: The National Vietnam
Veterans Coalition, a federation of seventy-eight (78)
Vietnam veterans organizations and veterans issue groups, is
pleased to support your efforts for long overdue reform of
the Missing Persons Act.
The history of the law, as previously administered, has
been one of arbitrary decisions based on incomplete
information. The administration of the law has produced
untold grief among the family members of the missing in
action and has angered the Vietnam veteran community. The
rote presumptive findings of death have contributed
substantially to the ongoing failure of the POW/MIA
bureaucracy to meaningfully resolve the issue.
The bill you are introducing provides considerable
procedural protections to future MIAs. the provisions for
appointment of counsel for the MIAs interests, the counsel's
access to classified information, procedures for dealing with
classified information, centralization of case information in
the MIAs personnel file, the ability to reopen hearings for a
period of time and effective reversal of the current de facto
presumption of death reflexively applied in hearings mark
tremendous progress. The encouragement to combine hearings in
group disappearance cases would force hearing panels to weigh
the evidence in a broader context.
The opening up of the process to include the right of
participation of secondary next of kin is a welcome
recognition of the fact that there is more than one person in
each family who cares about the fate of a missing relative.
We are proud to endorse this much needed piece of
legislation.
Sincerely,
J. Thomas Burch, Jr.
Chairman.
Mr. LAUTENBERG. Mr. President, I am pleased to again join Senator Dole
in an effort to improve the way our government treats military service
members and their families by reintroducing the Missing Service
Personnel Act of 1995. It is perhaps fitting that two veterans of World
War II join together to sponsor this legislation. Senator Dole and I
collaborated in writing this bill in a spirit of bipartisanship. We
believe there is no room for politics when it comes to how the
Government treats its missing personnel.
Mr. President, The Missing Service Personnel Act of 1995 updates
existing law, last written by Congress in 1942. It focuses on how the
U.S. Government deals with military personnel and Federal employees who
are classified as ``missing in action.'' Our bill also makes some
improvements in the way the Federal Government deals with the families
of missing persons. They suffer when a loved one is missing and they
deserve to have their interests protected and their needs met by their
government.
Congressional interest in the issue is extensive, Mr. President. When
the Senate Select Committee on POW/MIA Affairs--ably led by Senator
Kerry and Senator Smith--reported its findings to this body, it
concluded there has been serious U.S. Government neglect and
mismanagement in dealing with missing servicemembers. That's why we're
here today--we want to rid the government of neglect and mismanagement
in its treatment of Americans who are missing in action.
Having served in World War II, both Senator Dole and I know first-
hand the tremendous sacrifice service men and women make when they face
combat. We know the terror soldiers face when they consider the
prospect of being captured. We also know the anguish our loved ones
suffer when a soldier goes into harm's way.
Over the past 25 years, the credibility of the Department of Defense
on MIA/POW issues has been seriously questioned. Without substantial
reform of its procedures, the American people
[[Page S1280]] will continue to question the credibility of DOD in
future military operations. Americans expect Pentagon officials to care
for our soldiers and their families. They expect DOD officials to do
the right thing when a servicemember is reported missing. There should
be no curtain of secrecy. There should be no perception of
incompetence. There should be no unfair treatment of families.
Our uniformed men and women serve proudly in the Armed Forces on
behalf of all Americans. In return for their sacrifice, American
servicemembers should be able to expect fairness, honesty, and support
from the Department of Defense.
Unfortunately, Mr. President, when we look at recent history
concerning the treatment of families of those missing in action, we see
a troubling picture. No one in Congress should be content with what has
happened in the past. We have seen families become outraged by the
treatment they receive from the Government. We have witnessed their
disgust toward elected officials. And, we have heard their calls for
more information, more interest, and more action to recover their loved
ones.
Today, we have an opportunity to respond, to provide better
treatment. I believe the time is right to correct the Pentagon's flawed
management practices. The cold war is over. The United States is not
engaged in a major war, although we still have American men and women
serving faithfully around the globe. They are ready for conflict if
necessary. And, I suggest to my colleagues that the Pentagon must be
ready as well.
Let's take a look at the problems we face now.
Mr. President, existing U.S. law concerning how the Government deals
with missing persons is over 50 years old. That law is inadequate--it
deals primarily with financial aspects of missing personnel and their
dependents. That law is outdated--it doesn't address new issues that
have emerged over the past 25 years. And that law is incomplete--it
doesn't protect missing servicemembers from bureaucratic inaction.
Perhaps most troubling is the fact that existing law does not protect
the rights of missing persons. Right now, missing persons do not have
counsel in Government hearings. No one represents their interests. In
addition, missing persons lose due process after 1 year. They just go
into administrative limbo. They stay there until someone says they're
dead. No wonder so many families think Government decisions are
arbitrary and capricious.
Another problem deals with access to information. Right now, hearing
officers can be denied information about missing persons. In addition,
hearing officers can be excluded from reviewing classified information.
And further, Government officials can willfully withhold relevant
information without penalty. I believe these practices are the root
cause for the curtain of secrecy that surrounds Government decisions.
The lack of specified rights for families is another problem with
existing law. The Americans with the greatest stake in Government
action have the least involvement in those decisions. Moreover,
families have no right to appeal. No wonder many families make charges
of ``cover-up'' and ``smokescreen.'' I believe we should have
procedures that guarantee families of missing servicemembers honest,
fair, and just treatment.
Finally, Mr. President, the old law doesn't create the opportunity
for good, just decisions. Right now, officials assigned to conduct
hearings may not be qualified. Further, they may have no guidance about
making determinations of death. So today, what we have are poor
decisions: Missing persons are pronounced dead . . . merely with the
passage of time. I believe such determinations constitute disloyalty to
our service men and women.
Mr. President, when you look at the problems with existing law in the
aggregate, you can see why we've had so many problems over the years.
Families are mad. Service men and women are wary. Government officials
are frustrated. Senator Dole and I wrote this bill to correct, once and
for all, all these problems.
Unfortunately, Mr. President, when the Pentagon looks at these
problems they see a rosy picture. Over the last 5 years, Pentagon
officials have reported to Congress that everything is just fine. They
have dragged their feet in upgrading government procedures. And despite
our efforts to reform existing law, the Pentagon has not come forward
with a reform proposal. Mr. President, there seems to be a general lack
of will within the Pentagon to update its management procedures
regarding missing persons.
In Congress today, there are several POW/MIA legislative initiative
that address problems of past wars and conflicts. These initiatives
attempt to resolve problems for World War II, Korea, and Vietnam. These
are all worthy and should be pursued by both the Congress and the
administration.
However, Mr. President, we have only one initiative that looks to the
future--to the wars and conflicts not yet fought by Americans. In
passing the fiscal year 1995 National Defense Authorization Act, the
Senate took the first step in establishing new procedures for the
future. In that legislation, we required the Department of Defense to
review its procedures and recommend changes to Congress.
I remain skeptical about the Pentagon's response. I haven't seen any
enthusiasm to update their procedures. Those in Congress who have dealt
with these problems have seen little Pentagon interest in reform.
Indeed, last year, an Assistant Secretary of Defense wrote to us with
regard to the Pentagon's procedures . . . and I quote:
I believe that the existing legislation provides adequate
protections and venues for participation of all parties with
legitimate interest.
Now Mr. President, I ask my colleagues: What should we expect from a
Pentagon review of existing legislation? Does anyone in this body
believe the Pentagon will come forward with reform legislation? I will
tell you I am very skeptical.
This is why we are reintroducing this bill today. I want to lay on
the table a proposal with real reform. I want the Pentagon to know that
this Senator does not believe existing procedures are adequate. And I
suggest the Senate needs to take the lead on this critical issue.
Mr. President, when we wrote this legislation, Senator Dole and I
took a new approach. We asked a simple question: How would a missing
soldier want the U.S. Government to respond to his or her situation?
What would a missing person want from his government? We wrote this
bill from the point of view of American service men and women. When we
finished, we had created wholly new procedures--procedures that, for
the first time, are designed to serve those who are missing in action.
This legislation accomplishes four goals. First, it corrects
management deficiencies for dealing with missing service members.
Second, the bill safeguards the rights of missing personnel. Third, our
legislation reestablishes a sense of trust between the U.S. Government
and the families of missing personnel by raising what many people
consider to be a ``curtain of secrecy'' surrounding Government
decisions. And finally, Mr. President, our bill assures fundamental
fairness to missing servicemembers by requiring timely Government
action and specifying the rights of families and the Government's
obligations to them. We hope that families of missing persons are
treated fairly in all proceedings.
Let me discuss some of the provisions we are proposing in more
detail.
First, the Act will establish new procedures for determining the
whereabouts and status of missing persons. These procedures accelerate
official action in order to recover the missing. They may even lead to
the recovery of some servicemembers.
Moreover, the new procedures will afford missing persons due process
well after the first year of their disappearance. Our service men and
women should never believe that our Government will abandon them if
captured. This legislation guarantees that the Government won't write
them off merely with the passage of time.
The second important provision of the Act is that qualified counsel
will be appointed for missing persons. This is new. Never before have
missing persons been represented by counsel. Our service personnel
should not have to worry about their rights, even if they are
[[Page S1281]] missing in action. This legislation assures that the
Government does not ignore issues and evidence. It assures that the
Government affords the missing in action due process of the law.
Third, the act will assure access to Government information. It
removes the ``curtain of secrecy.'' It makes all information available
to hearing officers. Also, the bill carefully provides access to
classified information. And, it makes complete personnel files
available for review. These measures guarantee that the Government
doesn't make ill-formed decisions about the statute of missing
personnel.
The act also specifies the rights of the missing person's immediate
family, dependents and next of kin. It ensures that our field
commanders will give families updated, accurate information concerning
the incident in which their loved one disappeared. The bill assures
family participation in Government hearings. They will have access to
the personnel file of the missing. They can be represented by private
counsel. They can object in writing to a board's recommendations. And
last, but not least, they can appeal a Government ruling. These are the
basic rights of families--and no one can argue with putting them into
law.
The last major provision of the act states criteria for making just
decisions about the status of missing servicemembers. It gives guidance
to officials about that factors they must consider before making a
determination of death. The bill specifically prohibits declaring
someone to be dead merely by virtue of the passage of time. I believe
these provisions are important as an expression of Government loyalty
to all persons who serve in the Armed Forces.
Mr. President, let me close by saying that there remains a strong
bipartisan consensus across America in support of this bill. It has
been building over the last 3 years. It started partly as a grassroots
initiative from New Jersey and elsewhere. And it continues to enjoy the
support of several major veterans organizations across the United
States.
Mr. President, the good intentions of many Americans, who truly care
about the welfare of the men and women in the Armed Services, have been
combined into this initiative. They believe it is the right thing to
do.
I urge my colleagues to join Senator Dole and me in supporting this
reform legislation when it is considered by the Senate.
Mr. LIEBERMAN. Mr. President, I am pleased to be an original cosponsor
to the Missing Service Personnel Act of 1995 as I was when this
legislation was first introduced in the 103d Congress. I commend the
distinguished majority leader for his leadership on this issue and am
proud to join him, Senator Simpson, and Senator Lautenberg in this
important effort. This legislation is long overdue and is an important
step toward providing the men and women who have served and will serve
in our Armed Forces in conflict the protection and rights they and
their families deserve, and we as a country owe them.
The current law which governs personnel who became missing in action
was written in 1942 in the midst of World War II. We have now had over
50 years of experience with that law and the procedures it established
to determine the status of people who became missing, captured, or
presumed killed in a conflict. The experiences of MIA's and their
families during and long after the Vietnam war provides clear evidence
that the existing law is inadequate and revisions are sorely needed.
American citizens in uniform and in civilian clothes are serving our
national interests in hostile places around the world even as we speak
today. The end of the cold war has not brought an end to the valid need
for Americans to serve abroad and sometimes to be placed in harm's way.
The legislation we introduce today is an effort to address the
legitimate concerns and needs of the men and women and their families
who may one day find themselves missing in action because of their
service to their country.
This legislation recognizes that a man who becomes missing in action
does not surrender their legitimate rights as an American and that we
must do everything we can to determine their true status. They will not
break faith with America and America must not break faith with them or
their families. Thus, the legislation prevents presuming that a missing
service man or woman is dead simply because of the passage of time. It
places a greater burden on the Government which commits our sons and
daughters to conflict to persist in determining the truth about every
one of those who became missing. Some may argue that this burden is too
great. The mothers and fathers, husbands and wives, sons and daughters
of those who are missing will reply that this is not too great a burden
to bear for those who have answered the call of their country.
I hope and expect that this legislation will be given a thorough and
fair examination both in committee and when it comes to the floor for
passage. It is already supported by many veterans groups and
organizations of families of the missing in action from the Vietnam
war. Those in the Department of Defense who will have to implement this
legislation should provide us their counsel on ways to improve it and
to make it more effective. We welcome such constructive efforts. But
let there be no mistake about out intentions or goals--the clock cannot
be turned back. We cannot just tinker at the margins with policies and
procedures which have failed in the past to live up to the covenant
which must exist between the Government and those it sends off to
defend its national interest.
We must never forget those who have served, are serving, or will
serve their country. We owe it to them and their loved ones to commit
ourselves to a full accounting of all who become missing in action.
This legislation is an important step in the direction of returning
faith and trust in this important covenant. I invite my colleagues to
join us in cosponsoring this legislation and to work for its speedy
enactment.
______
By Mr. DOLE (for himself, Mr. Inouye, Mr. Thurmond, Mr. Warner,
Mr. McCain, and Mr. Campbell):
S. 257. A bill to amend the charter of the Veterans of Foreign Wars
to make eligible for membership those veterans that have served within
the territorial limits of South Korea; to the Committee on the
Judiciary.
the vfw charter legislation
Mr. DOLE. Mr. President, as a life member of the Veterans of Foreign
Wars of the United States, I am particularly honored today to introduce
legislation which will amend the congressional charter of the VFW to
make those veterans who have served in South Korea eligible for
membership.
Since the 1953 armistice, the 170-mile demilitarized zone [DMZ] which
separates North and South Korea has been the source of extreme and
serious tension. According to the VFW, 89 Americans have been killed
and 132 wounded in clashes with North Korea since the armistice was
signed.
Across this no-mans-land, North Korea has maintained 70 percent of
its 1.2-million-man armed forces. Those forces are in forward deployed
attack positions along the entire DMZ, only 30 miles from the South
Korean capital of Seoul.
Since the end of the Korean war, the United States has pledged to the
Republic of Korea to deter any renewal of the conflict. To fulfill our
commitment, we have positioned a 37,000-man force consisting of the
U.S. 8th Army, including the 2d Infantry Division and the Air Force's
314th Air Division. The record and performance of our military men and
women during the past four decades in meeting that commitment, and in
spite of constant danger, has been exemplary.
I wish to commend the leadership of this great veterans service
organization, the Veterans of Foreign Wars, for their recognition of
those members of our Armed Forces who have served in Korea since 1949.
I am honored to introduce this legislation and provide my full support
for its consideration and quick passage by my colleagues.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 257
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That
section 5 of the Act
[[Page S1282]] of May 28, 1936 (36 U.S.C. 115), is amended to
read as follows:
``Sec. 5. A person may not be a member of the corporation
created by this Act unless that person--
``(1) served honorably as a member of the Armed Forces of
the United States in a foreign war, insurrection, or
expedition, which service has been recognized as campaign-
medal service and is governed by the authorization of the
award of a campaign badge by the Government of the United
States; or
``(2) while a member of the Armed Forces of the United
States, served honorably on the Korean peninsula or in its
territorial waters for not less that 30 consecutive days, or
a total of 60 days, after June 30, 1949.''
____________________