I
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Commission on Miss-
ing-in-Action and Prisoners of War in Southeast Asia
Act’’.
SEC. 2. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the
Commission on Missing-in-Action and Prisoners of War
in Southeast Asia (in this Act referred to as the ‘‘Commis-
sion’’).
SEC. 3. MEMBERSHIP OF COMMISSION.
(a) NUMBER AND APPOINTMENT.—The Commission
shall be composed of seven members as follows:
(1) One individual appointed by the President
from among the general public who shall serve as
Chairperson of the Commission.
(2) One individual appointed by the President
pro tempore of the Senate from among Members of
the Senate.
(3) One individual appointed by the Speaker of
the House of Representatives from among Members
of the House of Representatives.
(4) Two individuals appointed by the President
who are members of the immediate family of United
States personnel who remain not accounted for as a
result of service in the Armed Forces or other Fed-
eral Government service in Southeast Asia during
the Vietnam era.
(5) One individual appointed by the Secretary
of Defense from among officers or employees of the
Department of Defense.
(6) One individual appointed by the Secretary
of State from among officers or employees of the
Department of State.
(b) TERMS.—The term of office for a member of the
Commission shall be the life of the Commission.
(c) VACANCIES.—A vacancy in the Commission shall
be filled in the manner in which the original appointment
was made.
(d) COMPENSATION.—
(1) RATE OF PAY.—Except as provided in para-
graph (2), each member of the Commission shall
serve without pay or benefits.
(2) TRAVEL EXPENSES.—Each member of the
Commission may receive travel expenses, including
per diem in lieu of subsistence, in accordance with
sections 5702 and 5703 of title 5, United States
Code.
(e) QUORUM.—A majority of the members of the
Commission shall constitute a quorum.
(f) MEETINGS.—
(1) IN GENERAL.—The Commission shall meet
at the call of the Chairperson or a majority of its
members.
(2) INITIAL MEETING.—The Commission shall
hold its initial meeting not later than 60 days after
the date on which appointments are completed.
SEC. 4. DUTIES OF COMMISSION.
(a) STUDY.—
(1) IN GENERAL.—The Commission shall con-
duct a comprehensive study of the efforts made by
the government of Vietnam to account for any
United States personnel who remain not accounted
for as a result of service in the Armed Forces or
other Federal Government service in Southeast Asia
during the Vietnam era.
(2) MATTERS STUDIED.—The matters studied
by the Commission shall include—
(A) efforts of the POW/MIA task force of
the Department of Defense to dispose of the
‘‘discrepancy’’ cases involving 55 individuals
who were known to be alive on the ground dur-
ing the Vietnam era but who did not return to
the United States;
(B) efforts of the government of the
United States to account for any United States
personnel who remain not accounted for as a
result of service in the Armed Forces or other
Federal Government service in Southeast Asia
during the Vietnam era; and
(C) efforts of the governments of Vietnam,
Laos, Cambodia, and the People’s Republic of
China, to account for any United States person-
nel who remain not accounted for as a result of
service in the Armed Forces or other Federal
Government service in Southeast Asia during
the Vietnam era.
(b) REPORT.—Not later than January 1, 1997, the
Commission shall submit to Congress a report on its find-
ings and recommendations.
SEC. 5. POWERS OF COMMISSION.
(a) HEARINGS
AND SESSIONS.—The Commission
may, for the purpose of carrying out this Act, hold hear-
ings, sit and act at times and places, take testimony, and
receive evidence as the Commission considers appropriate.
The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) OBTAINING OFFICIAL DATA.—The Commission
may secure directly from any Federal agency information
necessary to enable it to carry out this Act. Upon request
of the Chairperson or Vice Chairperson of the Commis-
sion, the head of the agency shall provide the information
to the Commission.
(c) ADMINISTRATIVE SUPPORT SERVICES.—At the
request of the Commission, the Administrator of General
Services shall provide to the Commission, on a reimburs-
able basis, the administrative support services necessary
for the Commission to carry out its responsibilities under
this Act.
SEC. 6. STAFF OF COMMISSION.
(a) STAFF.—The Commission may appoint and fix
the compensation of such staff as the Commission consid-
ers necessary to perform its duties.
(b) APPLICABILITY
OF CERTAIN CIVIL SERVICE
LAWS.—The staff of the Commission may be appointed
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service,
and may be paid without regard to the provisions of chap-
ter 51 and subchapter III of chapter 53 of that title relat-
ing to classification and General Schedule pay rates, ex-
cept that the rate of pay for such staff may not exceed
the rate of basic pay under the General Schedule for posi-
tions above GS-15.
(c) EXPERTS AND CONSULTANTS.—The Commission
may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent
of the annual rate of basic pay under the General Schedule
for positions above GS-15.
SEC. 7. TERMINATION OF COMMISSION.
The Commission shall terminate 90 days after the
date of the submission of its report under section 4(b).
SEC. 8. SENSE OF CONGRESS.
It is the sense of Congress that—
(1) not later than 90 days after the date of re-
ceipt of the report under section 4(b), the appro-
priate committees of Congress should initiate hear-
ings to consider the findings and recommendations
of the report; and
(2) the appropriate committees should consider
whether to adopt a resolution stating the sense of
Congress on whether diplomatic relations between
the United States and Vietnam should be main-
tained.
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