Department of Defense Appropriations Act, 2006

DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2006 -- (Extensions of Remarks - June 21, 2005)

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.

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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