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104TH CONGRESS

1ST SESSION H. R. 2174

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

in Southeast Asia.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 2, 1995

Mr. STUPAK introduced the following bill; which was referred to the

Committee on International Relations

A BILL

To establish the Commission on Missing-in-Action and

Prisoners of War in Southeast Asia.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Commission on Miss5 ing-in-Action and Prisoners of War in Southeast Asia

6 Act’’.

7 SEC. 2. ESTABLISHMENT OF COMMISSION.

8 There is established a commission to be known as the

9 Commission on Missing-in-Action and Prisoners of War
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1 in Southeast Asia (in this Act referred to as the ‘‘Commis2 sion’’).

3 SEC. 3. MEMBERSHIP OF COMMISSION.

4 (a) NUMBER AND APPOINTMENT.—The Commission

5 shall be composed of seven members as follows:

6 (1) One individual appointed by the President

7 from among the general public who shall serve as

8 Chairperson of the Commission.

9 (2) One individual appointed by the President

10 pro tempore of the Senate from among Members of

11 the Senate.

12 (3) One individual appointed by the Speaker of

13 the House of Representatives from among Members

14 of the House of Representatives.

15 (4) Two individuals appointed by the President

16 who are members of the immediate family of United

17 States personnel who remain not accounted for as a

18 result of service in the Armed Forces or other Fed19 eral Government service in Southeast Asia during

20 the Vietnam era.

21 (5) One individual appointed by the Secretary

22 of Defense from among officers or employees of the

23 Department of Defense.
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1 (6) One individual appointed by the Secretary

2 of State from among officers or employees of the

3 Department of State.

4 (b) TERMS.—The term of office for a member of the

5 Commission shall be the life of the Commission.

6 (c) VACANCIES.—A vacancy in the Commission shall

7 be filled in the manner in which the original appointment

8 was made.

9 (d) COMPENSATION.—

10 (1) RATE OF PAY.—Except as provided in para11 graph (2), each member of the Commission shall

12 serve without pay or benefits.

13 (2) TRAVEL EXPENSES.—Each member of the

14 Commission may receive travel expenses, including

15 per diem in lieu of subsistence, in accordance with

16 sections 5702 and 5703 of title 5, United States

17 Code.

18 (e) QUORUM.—A majority of the members of the

19 Commission shall constitute a quorum.

20 (f) MEETINGS.—

21 (1) IN GENERAL.—The Commission shall meet

22 at the call of the Chairperson or a majority of its

23 members.
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1 (2) INITIAL MEETING.—The Commission shall

2 hold its initial meeting not later than 60 days after

3 the date on which appointments are completed.

4 SEC. 4. DUTIES OF COMMISSION.

5 (a) STUDY.—

6 (1) IN GENERAL.—The Commission shall con7 duct a comprehensive study of the efforts made by

8 the government of Vietnam to account for any

9 United States personnel who remain not accounted

10 for as a result of service in the Armed Forces or

11 other Federal Government service in Southeast Asia

12 during the Vietnam era.

13 (2) MATTERS STUDIED.—The matters studied

14 by the Commission shall include—

15 (A) efforts of the POW/MIA task force of

16 the Department of Defense to dispose of the

17 ‘‘discrepancy’’ cases involving 55 individuals

18 who were known to be alive on the ground dur19 ing the Vietnam era but who did not return to

20 the United States;

21 (B) efforts of the government of the

22 United States to account for any United States

23 personnel who remain not accounted for as a

24 result of service in the Armed Forces or other
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1 Federal Government service in Southeast Asia

2 during the Vietnam era; and

3 (C) efforts of the governments of Vietnam,

4 Laos, Cambodia, and the People’s Republic of

5 China, to account for any United States person6 nel who remain not accounted for as a result of

7 service in the Armed Forces or other Federal

8 Government service in Southeast Asia during

9 the Vietnam era.

10 (b) REPORT.—Not later than January 1, 1997, the

11 Commission shall submit to Congress a report on its find12 ings and recommendations.

13 SEC. 5. POWERS OF COMMISSION.

14 (a) HEARINGS AND SESSIONS.—The Commission

15 may, for the purpose of carrying out this Act, hold hear16 ings, sit and act at times and places, take testimony, and

17 receive evidence as the Commission considers appropriate.

18 The Commission may administer oaths or affirmations to

19 witnesses appearing before it.

20 (b) OBTAINING OFFICIAL DATA.—The Commission

21 may secure directly from any Federal agency information

22 necessary to enable it to carry out this Act. Upon request

23 of the Chairperson or Vice Chairperson of the Commis24 sion, the head of the agency shall provide the information

25 to the Commission.
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1 (c) ADMINISTRATIVE SUPPORT SERVICES.—At the

2 request of the Commission, the Administrator of General

3 Services shall provide to the Commission, on a reimburs4 able basis, the administrative support services necessary

5 for the Commission to carry out its responsibilities under

6 this Act.

7 SEC. 6. STAFF OF COMMISSION.

8 (a) STAFF.—The Commission may appoint and fix

9 the compensation of such staff as the Commission consid10 ers necessary to perform its duties.

11 (b) APPLICABILITY OF CERTAIN CIVIL SERVICE

12 LAWS.—The staff of the Commission may be appointed

13 without regard to the provisions of title 5, United States

14 Code, governing appointments in the competitive service,

15 and may be paid without regard to the provisions of chap16 ter 51 and subchapter III of chapter 53 of that title relat17 ing to classification and General Schedule pay rates, ex18 cept that the rate of pay for such staff may not exceed

19 the rate of basic pay under the General Schedule for posi20 tions above GS-15.

21 (c) EXPERTS AND CONSULTANTS.—The Commission

22 may procure temporary and intermittent services under

23 section 3109(b) of title 5, United States Code, at rates

24 for individuals which do not exceed the daily equivalent
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1 of the annual rate of basic pay under the General Schedule

2 for positions above GS-15.

3 SEC. 7. TERMINATION OF COMMISSION.

4 The Commission shall terminate 90 days after the

5 date of the submission of its report under section 4(b).

6 SEC. 8. SENSE OF CONGRESS.

7 It is the sense of Congress that—

8 (1) not later than 90 days after the date of re9 ceipt of the report under section 4(b), the appro10 priate committees of Congress should initiate hear11 ings to consider the findings and recommendations

12 of the report; and

13 (2) the appropriate committees should consider

14 whether to adopt a resolution stating the sense of

15 Congress on whether diplomatic relations between

16 the United States and Vietnam should be main17 tained.

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