1st Session
SPONSOR: Sen Campbell, (introduced 05/15/97)
TITLE(S):
OFFICIAL TITLE AS INTRODUCED:
A bill to amend title 10, United States Code, to restore the provisions of chapter 76 of that title (relating to missing persons) as in effect before the amendments made by the National Defense Authorization Act for Fiscal Year 1997 and to make other improvements to that chapter.
IN THE SENATE OF THE UNITED STATES
May 15, 1997
Mr. CAMPBELL (for himself and Mr. FORD) introduced the following bill; which was read twice and referred to the Committee on Armed Services
A BILL
To amend title 10, United States Code, to restore the provisions of chapter 76 of that title (relating to missing persons) as in effect before the amendments made by the National Defense Authorization Act for Fiscal Year 1997 and to make other improvements to that chapter.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Missing Persons Authorities Improvement Act of 1997'.
SEC. 2. IMPROVEMENT OF MISSING PERSONS AUTHORITIES APPLICABLE TO DEPARTMENT OF DEFENSE.
(a) APPLICABILITY TO DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES AND CONTRACTOR EMPLOYEES- (1) Section 1501 of title 10, United States Code, is amended--
(A) by striking out subsection (c) and inserting in lieu thereof the following:
`(c) COVERED PERSONS- Section 1502 of this title applies in the case of the following persons:
`(1) Any member of the armed forces on active duty who becomes involuntarily absent as a result of a hostile action, or under circumstances suggesting that the involuntary absence is a result of a hostile action, and whose status is undetermined or who is unaccounted for.
`(2)(A) Any other person who is a citizen of the United States and is described in subparagraph (B) who serves with or accompanies the armed forces in the field under orders and becomes involuntarily absent as a result of a hostile action, or under circumstances suggesting that the involuntary absence is a result of a hostile action, and whose status is undetermined or who is unaccounted for.
`(B) A person described in this subparagraph is any of the following:
`(i) A civilian officer or employee of the Department of Defense.
`(ii) An employee of a contractor of the Department of Defense.
`(iii) An employee of a United States firm licensed by the United States under section 38 of the Arms Export Control Act (22 U.S.C. 2778) to perform duties under contract with a foreign government involving military training of the military forces of that government in accordance with policies of the Department of Defense.'; and
(B) by adding at the end the following new subsection: `(f) SECRETARY CONCERNED- In this chapter, the term `Secretary concerned' includes--
`(1) in the case of a person covered by clause (i) of subsection (c)(2)(B), the Secretary of the military department or head of the element of the Department of Defense employing the employee;
`(2) in the case of a person covered by clause (ii) of subsection (c)(2)(B), the Secretary of the military department or head of the element of the Department of Defense contracting with the contractor; and
`(3) in the case of a person covered by clause (iii) of subsection (c)(2)(B), the Secretary of Defense.'.
(2) Section 1503(c) of such title is amended--
(A) in paragraph (1), by striking out `one military officer' and inserting in lieu thereof `one individual described in paragraph (2)';
STATUS: Floor Actions
***NONE***
STATUS: Detailed Legislative History
Senate Action(s)
May 15, 97:
Read twice and referred to the Committee on Armed Services.
STATUS: Congressional Record Page References
05/15/97 Introductory remarks on Measure (CR S4604)
05/15/97 Full text of Measure as introduced printed (CR S4604-4606)
COMMITTEE(S):
COMMITTEE(S) OF REFERRAL:
Senate Armed Services
COSPONSOR:
Sen Ford - 05/15/97
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS (Senate - May 15, 1997)
THE MISSING PERSONS AUTHORITIES IMPROVEMENT ACT
Mr. CAMPBELL. Mr. President, with the approach of Memorial Day, we are reminded of the millions of American men and women who have dedicated and sacrificed their lives in service to the U.S . Armed Forces. And for far too many, it is a day to remember those service members who have yet to return home from the wars they valiantly fought many years ago.
During the last Congress, we passed the Missing Service Personnel Act. Specifically, this bill created a framework of accountability within the Department of Defense to establish the status and location of our missing Armed Forces personnel. Until this legislation was introduced in 1995, the procedures for handling missing service personnel had remained unchanged for more than 50 years. This legislation improved procedures for reviewing POW/MIA cases and protected the missing service member from being declared dead solely based on the passage of time. Gathering 47 cosponsors in the Senate and achieving unanimous passage in the House, the bill became law in February 1996. However, an amendment to the 1997 Defense Authorization Conference Report repealed its strongest provisions.
Today, I am introducing The Missing Persons Authorities Improvement Act of 1997 in an effort to restore not only those lost provisions but to also offer a sense of accountability for our missing service personnel and their loved ones. A companion bill has already been introduced in the House of Representatives by Congressman Ben Gilman of New York.
One major provision to be restored requires that military unit commanders report and initiate a search within 48 hours from the time a person has been deemed missing. Right now, a soldier can be missing for up to ten days before a report and search must be made.
Another restored provision protects civilian defense employees and contractors who become missing as a result of hostile action. These civilians who serve with, or accompany the Armed Forces in the field under orders and place their lives in danger, should be entitled to the same protection that is given to uniformed soldiers.
This bill also includes a provision which requires that if remains are recovered and are not identifiable through visual means, certification must be made by a forensic scientist that the remains recovered are, in fact, the missing person. In the past, hasty and speculative conclusions have often lead to misidentification and ultimately, undue emotional hardship for MIA families. It is our obligation to take full advantage of our current technological capabilities and provide the families of missing service personnel with certain, respectful closure in every case possible.
As a veteran who served in Korea, I am especially proud to also include an additional provision that calls for the establishment of personnel files for Korean conflict cases. Under this provision, if any new information is discovered that indicates that the soldier may not have been killed during the Korean War, a new case must be opened or an existing one must be reviewed. There are currently some 8,000 of my Korean war colleagues who have never been accounted for. The recent efforts by the many families of Korean War MIA's to learn the fate of their loved ones only reinforce the necessity for this provision. These families deserve our respect and attention.
This legislation is supported by numerous veterans' service organizations such as the American Legion, the Disabled American Veterans, the Korean and Cold War Families Association, and the National League of POW/MIA Families.
This bill asks the Department of Defense only to make the best possible effort to recover and return our missing personnel. It is the least we owe our soldiers, past and present, who endanger their lives in defense of our country. It is the very least we owe the families who have and will endure the pain and uncertainty of a loved one left unaccounted for at a time of war.