[Congressional Record Volume 143, Number 2 (Thursday, January 9, 1997)]
[Extensions of Remarks]
[Page E76]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        POW/MIA RESTORATION ACT

                                 ______
                                 

                        HON. BENJAMIN A. GILMAN

                              of new york

                    in the house of representatives

                       Thursday, January 9, 1997

  Mr. GILMAN. Mr. Speaker, I rise today to introduce the POW/MIA 
Restoration Act. Last year, this body secured a victory for U.S. 
service personnel, their families, and the families of POW/MIA's by 
winning the passage of H.R. 945, the Missing Service Personnel Act.
  H.R. 945 received unanimous support in the House as part of the 
Department of Defense Authorization Act of 1996.
  Unable to prevent the passage of H.R. 945, the opponents of the 
legislation waited until last summer to attach a Senate amendment to 
the 1997 Defense Authorization Conference Report. That amendment 
essentially tore the heart out of the Missing Service Personnel Act.
  In response, along with other supporters of our Nation's POW/MIA's, I 
introduced H.R. 4000, which would have restored the provisions which 
were stripped out by the Senate amendment. Unfortunately, while H.R. 
4000 was passed unanimously by the House, it fell victim to the 
procedural rules of the Senate which were skillfully used by the bill's 
opponents to ensure that it was not taken up for consideration before 
Congress adjourned.
  The POW/MIA Restoration Act would restore the provisions stricken 
from the Missing Service Personnel Act by the Senate amendment.
  The first provision to be restored requires that military commanders 
report and initiate a search for any missing service personnel within 
48 hours, rather than 10 days as proposed by the Senate amendment. 
While current regulations require local commanders to report any 
individual missing for more than 24 hours, such missing often fall 
through the cracks, especially during military operations.
  The second provision covers missing civilian employees of the Defense 
Department. These civilians are in the field under orders to assist our 
military, and deserve the same protections afforded our men and women 
in uniform.
  The third provision to be restored states that if a body were 
recovered and could not be identified by visual means, that a 
certification by a credible forensic authority must be made. There have 
been too many recent cases where misidentification of remains has 
caused undue trauma for families.
  Finally, H.R. 4000 would restore the provision which would require 
criminal penalties for any Government official who knowingly and 
willfully withholds information related to the disappearance, 
whereabouts, and status of a missing person.
  Prompt and proper notification of any new information is essential to 
the successful investigation of each POW/MIA case. This cannot be 
achieved if individual bureaucrats deliberately seek to derail the 
process.
  The opponents of the Missing Service Personnel Act have to this day 
never offered any credible reasons for their opposition to the 
legislation. Rather than create more redtape I believe these provisions 
will help streamline the bureaucracy and improve the investigation 
process.
  Moreover the Missing Service Personnel Act has not been public law 
long enough to be adequately evaluated. To repeal provisions of a law 
after 5 months does not make sense, especially when that law has not 
yet had a chance to be tested.
  Accordingly, I urge my colleagues today to join me in supporting the 
POW/MIA Restoration Act.

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