[Congressional Record Volume 151, Number 83 (Tuesday, June 21, 2005)]
[Extensions of Remarks]
[Pages E1304-E1305]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2006

                                 ______
                                 

                               speech of

                            HON. NATHAN DEAL

                               of georgia

                    in the house of representatives

                         Monday, June 20, 2005

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill (H.R. 2863) making 
     appropriations for the Department of Defense for the fiscal 
     year ending September 30, 2006, and for other purposes:

  Mr. DEAL of Georgia. Mr. Chairman, I commend the following comments 
and questions, posed by the National League of Families of American 
Prisoners and Missing in Southeast Asia, to my colleagues as they 
consider relations between the aforementioned organization and the 
Defense POW/Missing Persons Office. I also ask that you note my June 
20, 2005 floor colloquy with Mr. Young on this subject.

                         Congressional Requests

       Prime Minister of Vietnam is visiting the U.S. June 21. The 
     focus seems to be on economics, trade and religious rights. 
     What about accountability?
       1. Vietnam is NOT cooperating in ``full faith''. We have 
     never had access to the Central Highlands since the War was 
     over where hundreds of our Americans are Missing--no chance 
     to interview witnesses who are dying who might have valuable 
     information on crash and grave sights plus documents.
       2. Two U.S. war ships have been allowed to come into 
     Vietnamese ports but never a salvage ship that could recover 
     remains from known crash sights off the coast. We have 
     offered to make this an educational venture but denied 
     access.
       Accountability should be a priority especially in a time of 
     war--not just rhetoric but action. The families should be 
     treated with respect.
       Why does Jerry Jennings, head of the Defense POW/MIA Office 
     still have a job? He has been under investigation for sexual 
     harassment and hostile environment charges by his staff + 
     alleged misappropriation of government funds. He has tried 
     for over a year to undermine the family organizations. Three 
     groups have released a vote of No Confidence in Jerry and his 
     leadership staffers.
       The league is very concerned over policy being pursued by 
     the office assigned the responsibility within the Defense 
     Department, headed by DASD Jerry Jennings.
       The President in 2002 and Secretary of State in 2004 
     defined criteria expected of Vietnam, namely unilateral 
     actions that Vietnam should take to be fully cooperative, 
     including on cases of Americans missing in Laos and Cambodia 
     controlled by Vietnamese forces during the war.
       These pertain to unilateral provision of relevant archival 
     records from ALL ministries and unilateral repatriation of 
     remains that can't be recovered in the field with joint 
     operations, for example Last Known Alive (LKA) cases where 
     Americans were captured on alive on the ground in immediate 
     proximity to hostile forces.
       If dead, their remains should be readily available to the 
     Vietnamese, but could be sensitive in view of the many years 
     withheld on manner of death, readily determined by the 
     experts at CIL.
       We'd appreciate your reading this ``End-of-Year Policy 
     Assessment,'' prepared at our request by our Policy Adviser 
     Richard Childress, a retired U.S. Army COL who served on 
     President Reagan's NSC staff as Director Political Military, 
     then Director for Asian Affairs from 1981--1989
       League is not interested re-fighting the war or placing 
     blame; we just want answers for the families, not 
     recriminations, on all possible cases, and we base our 
     expectations on USG intelligence and logic.
       We're also deeply concerned over Mr. Jennings' handling of 
     the U.S.-Russia Joint Commission on POW/MIA Affairs, a 
     presidential commission that has been reduced in stature and 
     effectiveness, despite having extremely talented staff within 
     DPMO, the Joint Commission Support Directorate, or JCSD.
       The league has great confidence in JCSD's abilities, plus 
     has been working hard to get active Senate and House 
     replacements for vacancies or positions held by inactive 
     Members of the House and Senate.
       We just succeeded in convincing Senator Saxby Chambliss to 
     accept the Senate Republican position, but the Democrat 
     Senator position is held by Senator John Kerry who has not 
     participated at all in plenary or internal U.S. sessions.
       The House Democrat position is held by Rep. Lane Evans, but 
     we understand his tragic illness impeded active 
     participation, and we need active committed Members to signal 
     the Russians that the U.S. is serious.
       Recently, Mr. Jennings' was reportedly appointed by the 
     White House to assume the role of U.S. Chairman, an 
     appointment that is too low level and without the prestige 
     required for the Russian Government to take it seriously; 
     they stated this fact to U.S. officials.
       Mr. Jennings was the Commissioner representing DOD, and 
     that was fine, but he is not the appropriate level to be a 
     Presidential Envoy serving as U.S. Chairman; thus, we also 
     oppose him in this second position.
       The League has received countless complaints from DPMO 
     staff members and we are VERY concerned about internal 
     disruption, even implosion, of this organization that would 
     not exist if were not for the League's efforts over the years 
     that raised the priority.

[[Page E1305]]

       We've been informed that there are at least six official 
     complaints against Mr. Jennings for hostile workplace 
     environment, including one for sexual harassment, that are 
     now under investigation by the DOD Inspector General's 
     office.
       Our Executive Director Ann Mills Griffiths was interviewed 
     a couple of weeks ago, and the Chairman of the Korea/Cold War 
     Families of the Missing was reportedly being called today; we 
     strongly oppose Mr. Jennings continuing as DPMO Director, his 
     third position.
       Our objections to Mr. Jennings are focused 1st on policy 
     weaknesses and the manner in which he develops policy without 
     substantive interagency integration and dismisses Vietnam's 
     ability to provide answers, 2nd on his hostility toward the 
     families, and 3rd his attempts to take total control of our 
     annual meetings AND operations of the Joint POW/MIA 
     Accounting Command and all DOD-related organizations.
       Mr. Jennings plan is increasing DPMO control over 
     operations, and he has several senior personnel assigned to 
     this task, already having published an innocuous-sounding 
     Strategic Plan, but the real agenda is fussy in its 
     portrayal.
       Close attention by Congress is his greatest fear, as 
     careful scrutiny would reveal greater intrusion into 
     operations, inappropriate behavior toward DPMO staff and 
     employees, mismanagement of tax-payer funds allocated for the 
     POW/MIA accounting effort, implementing plans to circumvent 
     GS guidelines and attempts to subvert the League and other 
     nonprofit, humanitarian organizations.
       Our Board of Directors unanimously voted NO CONFIDENCE in 
     DASD Jennings and the current leadership of DPMO; we are 
     joined by unanimous vote of the Korea/Cold War Families of 
     the Missing Board of Directors, headed by Irene Mandra, New 
     York.
       Both have provided our separate views to Dep. Sec. of 
     Defense Paul Wolfowitz and Assistant Secretary, International 
     Security Affairs, Peter Rodman, as has The Chosin Few, the 
     organization of Korean War veterans who survived the horrible 
     battles at the Chosin Reservoir; their vote was 
     straightforward--to seek Mr. Jennings' removal.
       DPMO staff were directed to revise their charter documents 
     to ensure that DPMO is the sole USG organization to negotiate 
     with foreign governments, speak to Congress, the media, the 
     veterans' community and the families on the issue, take 
     control of all field operations worldwide, and to find a way 
     to control and take over all annual meetings of POW/MIA 
     families.
       They cite one provision of the DOD regulations pertaining 
     to the ethics code to back their plan to take control of the 
     League's annual meetings, but ignore the provision that 
     allows all DoD elements to respond to invitations to 
     participate in non-government conferences and events, as they 
     routinely do for the Legion, VFW, DAV and countless other 
     community groups, never seeking to control them, or their 
     agenda and program.
       In S. 1245/H.R. 2996, the Defense Authorization Bill of 
     1983, Congress amended 157 of title 10, U.S. Code, to 
     ``authorize the Sec. of Defense to provide transportation for 
     next-of-kin of certain persons who are unaccounted for to 
     attend annual national meetings sponsored by the National 
     League of Families of American Prisoners and Missing in 
     Southeast Asia.
       That authorization was amended by the 107th Congress to 
     include the Korea/Cold War families by noting families of 
     American military and certain civilians unaccounted for since 
     the end of World War II, are entitled to DOD transportation 
     to attend the annual meetings (plural).
       When we raised this to Assistant Secretary for 
     International Security Affairs Peter Rodman, Mr. Jennings, 
     who had joined the meeting, stated that ``Congressional 
     intent is irrelevant.''
       For the past year, the League has endured repeated attempts 
     by Mr. Jennings and his immediate front-office staff to take 
     total control of our annual meetings, not only the agenda 
     during which the briefings are presented, but even selecting 
     the hotel, setting the date, and holding Congressionally-
     authorized transportation as leverage to force the League to 
     accede to DPMO's demands.
       Mr. Jennings has now gone too far, insisting on total 
     control, contracted with another hotel in Crystal City, set 
     the date one day earlier, has distributed his plan to all 
     Vietnam War POW/MIA families and given instructions to the 
     Military Services about transportation.
       For the good of the issue and our system of checks and 
     balances, as well as unity in pursuing answers from what are 
     mostly communist-controlled countries, Mr. Jennings' control 
     mentality must stop.
       The League and the Korea/Cold War Families of the Missing 
     have called for his removal, or resignation, in the best 
     interest of the issue, the families and the USG, particularly 
     DPMO employees, but also JPAC and other operational 
     organizations and the Military Service Casualty Offices.

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