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To: ALL

From: Bob Necci & Carol Hrdlicka, Andi Wolos
(POW-MIA FaxNetwork)

Re: S.755 Info

Date: July 26, 1997

The following is an update received from Donna Knox, Counsel, Korean/Cold War Family Association on S. 755

"Hello Everyone:

I just spoke with Steve Boucher in Congressman Gilman's office and Joe Sixeas in Senator Warner's office and got this collective update on the status of S-755.

On the Senate side, McCain evidently spoke up during mark-up of the Defense Bill, knowing that HR 409 was going to be included in the House Defense Bill. He enjoyed his usual authority on the matter, being a former POW, and was able to get language in the Senate Report that addressed the matter, eventhough no such legislation was introduced as part of the Senate Defense Bill. The Senate Armed Services Committee (through which the Defense Bill comes) has already taken the position that last year's "compromise" (McCain's work) was a workable solution and should be given a chance to succeed. They do not want the Gilman provisions to be instated. McCain, it seems, has succeeded in pursuading them into his way of thinking.

When the House/Senate conference committee meets to reconcile the House and Senate Defense Bills, it will break down into sub-sections essentially along sub-committee lines, to negotiate the different items. The sub-sections work out a compromise then make a recommendation to the full conference committee. The recommendation usually carries significant weight. On the Senate side, Max Cleland (D-GA) and Dirk Kempthorne (R-ID) will be the ones to negotiate this matter.

On the House side, the conference committee has not yet been selected. The Defense Bill comes through the National Security Committee, chaired by Floyed Spence (R-SC). National Security Committee staff (Andrew Ellis and others) are reportedly determined to keep Ben Gilman and Jerry Soloman off of the conference committee because they don't want this messy issue being fought tooth and nail. In other words, they want congressmen who will wimp out easily on this matter so McCain will get his way and the rest of the House Bill will not suffer. Although House conferees have not been selected yet, it appears that Steve Buyer (R-IN) is likely to be on the committee, and on the sub-section that negotiates this matter, since he chairs the military personnel sub-committee of National Security.

Floyd Spence, as chair of the full National Security Committee, and Newt Gingrich as Speaker will have the most say on who makes up the House Conference Committee. Last year Gingrich specifically excluded Bob Dornan. Don't know if he will do the same to Gilman and Soloman, but he might because they support an item that is contentious, goes against McCain, and carries a left-over "taint" of Dornan in Gingrich's mind.

What it boils down to is McCain is coming up smelling like Roses in this. The others in the Senate don't care enough about this issue to look past McCain's adamant argument against the bill. To them, McCain = ex-POW = expert on all related matters. He, of course, capitalizes on that.

The "Big 4" that he really wants out are 1)criminal penalties; 2) 48 hours vs 10 days; 3)inclusion of civilians; and 4)forensic evidence to declare a person dead.

In the final analysis, it appears that the following people will be key on this issue:

Senate:

Strom Thurmond, chair of Armed Services
Max Cleland, working this issue in the sub section of conference committee
Dirk Kempthorne, " " " ".....
and to a lessor (but still significant) degree, the other 15 members of the conference committee (everyone on the Armed Services Committee this year).

Also Trent Lott as Majority Leader

House:

Floyd Spence, chair National Security
Steve Buyer, chair military personnel sub-comm. of National Security
Newt Gingrich as Speaker
also rest of House conference committee members, whoever they turn out to be.

Soloman, Gilman,and Talent are the bill's supporters but we don't know if they will be put in a position to be heard. If National Security committee staff has its way, these 3 will be excluded. The staffers undoubtedly will be running interference trying to keep news of support for the bill away from Spence so he won't mind leaving the main sponsors off of the conference committee.

The conference committee will meet after Labor Day. Congress will be going out on recess in a week, or two at the most. They and most of their staffers will be gone during August, so any effort on this matter has to happen in the next week, then gear up again after Labor Day.

I sense that everyone but McCain is tiring of this issue. They don't seem to be fighting for it. Only he really cares, and of course his passion goes the wrong way. It seems the only way the POW/MIAs will be protected is if McCain goes away. He is up for re-election in '98, then reportedly plans to run for the White House in 2,000. Unless he leaves (or is driven from) Washington, efforts on behalf of a full accounting will be doomed."



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