[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.''
     

                          ____________________