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Covert Operations

The Committee investigated whether the United States Government may have undertaken or supported covert operations in order to confirm the presence of U.S. POWs in Southeast Asia after Operation Homecoming and, if so, to review the intelligence information upon which those operations were based.

The Committee has identified only one operation of this type mounted after 1973. Although operational details remain classified, the fact that the operation took place has been reported publicly. The operation was prompted by a combination of human, photographic and signals intelligence concerning the possible presence of as many as 30 American POWs at a detention camp near the village of Nhom Marrot in Laos from 1979 until early 1981. The intelligence resulted in extensive and highest-level efforts by the U.S. Government to confirm the information. Unfortunately, the results of the covert operation were inconclusive and subsequent efforts were rendered impossible by press leaks.

Intelligence Support in Laos During the Vietnam War

During the Vietnam war, intelligence support for the U.S. effort in Laos was handicapped because Administration policy, at the insistence of the State Department, excluded the significant use of military intelligence assets. This was true despite the fact that accounting for missing military personnel in Laos was the responsibility of the respective military services, and despite strenuous efforts made by Secretary of Defense Melvin Laird to gain support for an improved POW/MIA related military intelligence effort. The Committee believes that an expanded wartime military intelligence effort in Laos might have increased significantly our ability to account for the Americans lost in that country.

Cooperation from Governments in Southeast Asia

It is not possible to account for the Americans who are missing from the war in Southeast Asia without cooperation from the governments of the region, especially Vietnam. The U.S. has requested this cooperation in four forms. First, we have requested information concerning live American prisoners, former prisoners or deserters. Second, we have asked for the return of any recovered or recoverable remains of missing American servicemen. Third, we have sought accesss to files, records, documents and other materials that are relevant to the fate of missing Americans. Finally, we have asked for permission to visit certain locations within these countries for the purpose of investigating live-sighting reports and searching actual or suspected airplane crash sites.

The Committee has done everything it could to complement the diplomatic and political initiatives of the Executive branch in seeking to encourage a greater degree of cooperation on POW/MIA issues from the governments of Southeast Asia.

Vietnam

The U.S. has long suspected that the North Vietnamese have been withholding a considerable amount of information bearing on the fate of missing Americans. The North Vietnamese maintained detailed records of U.S. servicemen who came within their prison system during the war, including many lost in North Vietnamese-controlled areas of South Vietnam, Cambodia and Laos. U.S. intelligence agencies are convinced, moreover, that the Government of Vietnam recovered and stored an unknown quantity of remains of American servicemen for release at politically strategic points in time.

The level of U.S.-Vietnamese cooperation in accounting for missing Americans has varied over the years depending on bilateral and global political conditions and on the degree of emphasis placed on the issue by officials of the United States. At the time the Select Committee was created, there was considerable progress being made in the investigation of discrepancy cases. In addition, an agreement had been reached with Vietnam to allow an official Defense Department investigating presence to be established in Hanoi. These steps were directly attributable to the work of Gen. John Vessey, the President's Special Emissary to Vietnam on POW/MIA issues.

The impetus for Vietnam's cooperation has come from several directions. Gen. Vessey has provided the Vietnamese with a respected and influential source of contact within our government. Bush Administration policies have established a clear linkage between different levels of Vietnamese cooperation and American response. The disintegration of the Soviet empire has deprived Vietnam of many external sources of economic assistance and political comfort. The rapid economic growth of other Southeast Asian nations has given younger Vietnamese leaders a strong incentive to establish their own contacts with the west. And the creation of the Select Committee has demonstrated anew the high priority attached to the POW/MIA issue by the American people and government. Obviously, the Committee does not know precisely how all of these matters have been factored into the calculations of the Vietnamese Government, but clearly the overall trends are hopeful.

Over the past year, Committee Members have visited Vietnam on four occasions to press for further information. Committee delegations met with a wide range of high-level Vietnamese officials, including those in charge of administering the wartime prisoner of war system. The Committee visits, coupled with ongoing efforts from the Executive branch, have yielded substantial results.

These results include:

. permission for U.S. investigators to carry out short-notice investigations of many live-sighting reports;

. permission for U.S. investigators to use U.S.-owned, maintained and operated helicopters in the course of investigations within Vietnam;

. grants of access to certain highly-secure prison and defense ministry buildings for the purpose of investigating live- sighting reports;

. guarantees of full access for JTF-FA investigators to political and military archives containing POW/MIA related information;

. access to certain key archival documents and personnel that had been long-requested, and long-denied by Vietnam;

. the provision of thousands of photographs of American wartime casualties;

. access to Vietnam's military museum, including hundreds of material objects once owned by American servicemen that might contain clues about the fate of missing Americans;

. declaration of an amnesty for any Vietnamese citizens illegally holding American remains to come forward with them without fear of punishment;

. a commitment to cooperate in the conduct of an "oral history" program that would seek to record information from Vietnamese military officials, soldiers and civilians who might have information about the fate of missing Americans;

. promises of full cooperation from Vietnam in working with Laos and Cambodia to investigate discrepancy cases involving servicemen lost in parts of those countries controlled by North Vietnamese forces during the war; and

. permission for POW/MIA families, if they so desire, to come to Vietnam and evaluate the investigation process.

The Committee welcomes the very substantial strides towards full cooperation on the POW/MIA issue that the Government of Vietnam has made in recent months. The Committee looks forward to the implementation of those steps in the hope that they will yield significant additional information concerning missing Americans and encourages the Executive branch to do all it can to see that the promises and commitments made by Vietnam are fulfilled.

In noting recent progress, the Committee does not wish to under- state the fact that the progress is coming very late--almost 20 years after the signing of the peace agreement, and after two decades of noncooperation, stalling and deception on the part of Vietnam's leaders. The Committee also recognizes that the recent changes in policy appear to be the result primarily of Vietnam's desire for economic contacts with the west. The closed and nondemocratic nature of the government in Vietnam argues for caution in accepting Vietnamese promises, for pledges given by a government unwilling to be open with its own people can hardly be taken at face value. Nonetheless, the Committee remains hopeful that recent improvements in POW/MIA cooperation are symptomatic of a trend in Vietnam that will lead ultimately to dramatic improvements in human rights, and political, economic and religious freedoms.

United States policy towards Vietnam should reflect the importance of freedoms that are central to American society and which have been central to our investigation. Without a free press or representative government, the American people would not have learned the full extent of our own government's knowledge about our POW/MIAs. Our policy towards Vietnam, as towards the other nations of Southeast Asia, should be predicated on a vision of the same freedoms for the people of that region that we enjoy here at home.

Laos

More than 500 Americans are still listed as unaccounted for in Laos, including 335 who were originally considered either POW or MIA. Accordingly, the Committee has attached a high priority to gaining greater cooperation from the Lao Government. The current leaders of Laos, who are successors to the Pathet Lao forces that contended for power during the war, almost certainly have some information concerning missing Americans that they have not yet shared. At a minimum, they should be able to provide specific information about the fates of a small number of U.S. POWs known to have been held by the Pathet Lao during the early stages of the war. Unfortunately, Lao leaders have been significantly less cooperative than those in Vietnam. The Lao have denied any knowledge of U.S. POWs; they have refused access to some requested sources of information; and they have been even more reluctant than the Vietnamese to grant U.S. access to their territory for conducting live-sighting investigations and inspecting crash sights. The atmosphere has improved to some extent in recent months, however. As a result, some discrepancy case investigations are underway and negotiations are ongoing for the establishment of a permanent POW/MIA investigation office in Vientiane.

Cambodia

The present government of war-ravaged Cambodia cannot be expected to possess documentary information relevant to the fate of missing American servicemen. Nonetheless, the Committee met with Cambodian President Hun Sen, who expressed his government's full cooperation with the U.S. in efforts to resolve discrepancy cases. Unfortunately, the Cambodian Government is unable to guarantee security in areas controlled by the brutal and lawless Khmer Rouge. The Committee is grateful to President Hun Sen for his help on this issue, given the scope and urgency of the other perils faced by his government and his country.

Government Policies and Actions

Declassification

The Committee believes that much of the controversy surrounding the U.S. Government's handling of the POW/MIA issue could have been avoided if relevant documents had been declassified and made available to the public long ago. Unnecessary secrecy breeds the suspicion that important information is being withheld, while fueling speculation about what that information may be.

From its inception, the Committee has urged the Executive branch to identify and declassify all documents and other materials within its possession that are related to POW/MIA issues, with the single exception of information bearing directly on intelligence sources and methods.

A Task Force of the Select Committee, led by Senators Charles Robb and Chuck Grassley, formulated specific requests and recommendations upon which the Committee acted. For example, the President was asked, and agreed, to order the expeditious declassification of POW/MIA records from the Vietnam War, and the U.S. Senate unanimously approved a resolution calling for the declassification of POW/MIA materials. A series of letters sent, requests made and meetings held resulted in a high degree of cooperation and understanding between the Committee and the Executive branch on this issue.

The result of the Committee's efforts has been the most rapid and comprehensive declassification of materials on a single subject in American history. More than one million pages have already been declassified and the Committee is confident that remaining documents will be made available. The Committee believes that President Bush and National Security Adviser Brent Scowcroft should be congratulated for their cooperation on this issue.

Although the Committee was generally very satisfied with the degree of understanding and help it received from the Executive branch, its request for the release of relevant CIA operational files has, to date, been denied.

The Committee recommends that the process of declassification of current POW/MIA related materials go forward rapidly until completion and that the relevant CIA operations files be included.

The Committee also recommends that policies be put in place to assure the rapid declassification of POW/MIA related information from possible future conflicts. It should be enshrined in both attitude and law that the right of a POW/MIA family to know what the government knows about its loved one is as inalienable a right as any spelled out in the Constitution.

Finally, the Committee's records will be sent to the National Archives, with specific instructions that they be made available for public review. We caution, however, that these records include staff materials, memoranda of conversation, notes and other documents that may reflect raw opinion, incorrect data, discredited theories, or bits of fact that may mislead unless placed within a proper context. The Committee emphasizes that judgments reached by the Committee, after consideration of all available evidence, are reflected in this report. Other information and judgments should not be accorded credibility simply because of their presence in the Committee's working files.

Inter-Agency Group Since January, 1980, Executive branch policy-making has been coordinated by the Interagency Group on POW/MIA Affairs (IAG). Agencies and organizations represented on the IAG include the Departments of State and Defense, the Joint Chiefs of Staff, the National Security Council and the National League of POW/MIA Families (the League). In recent years, IAG meetings have occurred every two to three weeks on the average. Meetings are characterized by informal discussions of policy options; decisions are reached by consensus; and no formal minutes of the meetings are maintained.

The scope of IAG discussion covers a broad spectrum of POW/MIA related matters including intelligence collection, communications with families, diplomatic initiatives and public awareness activities. A major focus of attention over the past two years has been U.S. policy towards Vietnam.

The presence of League President Ann Mills Griffiths on the IAG is controversial. During Committee hearings, Members of the IAG said Griffiths was a highly constructive and energetic member of the group who has contributed significantly to improvements in U.S. policy. It is, however, extremely unusual for a private citizen to serve on a high-level panel such as the IAG, and to have access to sensitive intelligence information without the kind of accountability and official responsibility demanded of government representatives on that group.

During the summer of 1991, for example, Griffiths actively discouraged the Defense Department from granting access to classified POW/MIA materials to Senate staff investigators with appropriate clearances. The Committee finds it anomalous that a private citizen representing POW/MIA families would be in a position to try to deny Senate investigators the same right to review sensitive materials that she herself has been granted.

The Committee believes that an interagency coordinating body for POW/MIA policies is needed and that the IAG ably fulfills this role. However, the Committee is disturbed by the lack of formality in IAG record-keeping and believes that, at a minimum, that the minutes of discussions at such meetings should be maintained.

Second, although the IAG should consult regularly with the League and other POW/MIA family organizations, the Committee believes that the role of the IAG and issues of membership on it should be reviewed by the new Administration.

Government-to-Government Offers

The Committee investigated the possibility that Vietnam or Laos had approached U.S. officials at any time since the end of the war in Southeast Asia with a proposal that live U.S. POWs be returned in exchange for money or some other consideration. The Committee found no convincing evidence of any such offer being made. There were, however, two incidents which require further explanation.

The Committee received information that the Reagan Administration may have received an offer from Vietnam in 1981, transmitted through a third country, to exchange live POWs for $4.5 billion. The source of the information was a Secret Service agent who reported that he had overheard a discussion in the White House concerning this subject. The Committee deposed one of the individuals, former National Security Adviser Richard Allen, said to have been involved in the discussion, and several individuals who were said to have been in the area of the discussion. The Secret Service agent was not willing to provide testimony to the Committee voluntarily, and the Committee voted 7-4 not to subpoena that testimony. A complete description of the investigation and the subpoena issue is contained in Chapter 6 of this report.

The Committee also received a report concerning a possible approach by Vietnam in 1984, through officials in an ASEAN nation, concerning the exchange of American remains and possibly live POWs. According to the report, the Vietnamese had indicated that they would welcome an offer from the U.S. on the subject. U.S. officials traveled to Vietnam late in 1984, but were reportedly told by Vietnamese officials that there were no live POWs and that the only issue that could be discussed involved remains. Select Committee investigators traveled to the ASEAN nation to interview officials in an effort to determine whether an approach from Vietnam concerning live U.S. POWs had, in fact, been made. The results were inconclusive. Two secondary sources disagreed about whether an exchange involving live POWs had been discussed. The individual who had initially discussed the subject with Vietnamese officials later told the State Department that the issue of live American POWs had not been raised. This investigation is also described in greater detail in chapter 6.

Review of Private Activities

A major part of the Committee's investigation entailed the review of private activities related to the POW/MIA issue. This review focused on efforts by such organizations to educate the public about the issue, to influence government policy, to raise funds and to recover information concerning possible American POWs.

In its review, the Committee asked more than 50 POW/MIA-related organizations to provide information, on a voluntary basis, concerning their activities. Committee staff also interviewed or took formal testimony from organization officials and from the family members of some POW/MIAs.

The Committee found that the vast majority of POW/MIA related organizations are modest, local groups of volunteers operating on small budgets and dedicated to public education, grassroots lobbying, mutual assistance and remembrance activities. These organizations, and those who support them, have performed an important service for the nation in maintaining a strong national spotlight on the need for the fullest possible accounting of our POW/MIAs.

The Committee investigated several privately-organized operations aimed at physically rescuing or recovering information concerning possible American POWs. These included: 1) the Team Falcon operation in 1991-1992; 2) a 1988 effort to locate prisoners in Laos; 3) Operation Skyhook II, an early 1980's initiative also aimed at finding prisoners in Laos; and 4) the efforts of retired Army Lt. Col. Bo Gritz. None of these operations have been successful in rescuing prisoners or in uncovering evidence that prisoners are being held.

The Committee also investigated a number of photographs of individuals purported to be of U.S. POWs. In the cases investigated, we found that such photographs are sometimes used by private organizations as a means of attracting financial support for "rescue" or "reconnaissance" operations. The Committee concluded, based on investigative work done by the DIA, that photographs circulated in 1991 allegedly depicting missing Americans Donald Carr, Daniel V. Borah, John L. Robertson, Larry J. Stevens and Albro Lundy are fraudulent. (The Committee respects the fact that the Robertson, Stevens and Lundy families have not accepted the DIA analysis).

In contrast to the large number of small, voluntary POW/MIA organizations, there are a few private POW organizations that are relatively large, have paid staff and use professional fundraisers to prepare and distribute solicitation materials to millions of actual or potential contributors. These solicitations have yielded tens of millions of dollars in contributions since the end of the war. The Committee was concerned about a number of issues, including the extent to which some groups have diverted funds for purposes other than those advertised, the possibility that misleading or false information has been included in solicitations, the failure of fundraisers' to disclose information to potential donors and the impact that these solicitations may have had on the emotions and expectations of POW/MIA families.

The Committee's principal findings are:

. The vast majority of private organizations engaged in POW/MIA related activities reflect the highest standards of voluntary, public service and deserve the nation's gratitude and praise.

. Private initiatives aimed at the "rescue" of U.S. prisoners have failed in the past and are problematic for several reasons. In general, such operations are dependent on sources of information in Southeast Asia that have a very poor record of reliability and, in some cases, a consistent track record of fraud. Second, it is unrealistic to believe that such efforts will have a better chance of success than official efforts. Third, the possibility exists that such operations might jeopardize ongoing U.S. diplomatic and intelligence activities. Fourth, such activities sometimes involve the violation of U.S. and/or foreign law.

. The manufacture of fraudulent POW/MIA related materials, including photographs, dog tags and other purported evidence of live Americans has become a cottage industry in certain parts of Southeast Asia, and particularly Thailand. Sadly, these activities have been spurred by well-intentioned private offers of large rewards for information leading to the return of live U.S. POWs. The Committee is angered and repulsed by activities that exploit the anguish of POW/MIA families for private gain.

. The Committee's examination of POW/MIA-related fundraising activities has created serious reason for concern. In some instances, an excessive percentage of funds raised has been retained by the fundraising organization. In others, the fundraising solicitations have over-stated to the point of distortion the weight of evidence indicating that live U.S. POWs continue to be held in Southeast Asia.

Information from Russia and Eastern Europe

Although the Committee's investigation focused primarily on efforts to account for Americans missing from the war in Southeast Asia, the principle of accounting for lost American servicemen is the same, whether the war occurred 20 years ago or 50 years ago. Accordingly, the Committee undertook a review of information and allegations concerning Americans missing from earlier conflicts and hired a full time investigator to work in Moscow on this and related issues.

The Committee's effort was facilitated greatly by the lifting of the Iron Curtain and by the policies of openness and cooperation advocated by Russian President Boris Yeltsin. In February, 1992, the Committee's Chairman, Sen. John Kerry, and Vice-chairman, Sen. Bob Smith, met with Russian officials and veterans in Moscow to discuss cooperation on the POW/MIA issue. This visit laid the groundwork for the creation of the U.S.-Russia Joint Commission (Commission) on POW/MIA Affairs under the leadership of Col. Gen. Dimitri Volkogonov and Malcolm Toon, former U.S. Ambassador to the Soviet Union. The objectives of the Commission are 1) to gain access to people and documents in Russia that could shed light on the fate of missing Americans; 2) to pursue reports that current or former U.S. POWs may be alive within the borders of the former Soviet Union; and 3) to establish a means by which remains identified as American may be repatriated. Investigative work by the U.S. side to the Joint Commission is carried out by the Defense Department's Task Force Russia (TFR), under the leadership of Gen. Bernard Loeffke.

The Committee's investigation was conducted, in large part, through the staff investigator assigned to work with the Commission in Moscow. In Washington, the Committee reviewed documents obtained from the National Archives and from private researchers. We also conducted interviews with former officials of the Eisenhower Administration and others possessing information on the subject.

In June, 1992, the Committee hosted a meeting of the Commission with Gen. Volkogonov following Russian President Yeltsin's public statements on the POW/MIA issue. In November, 1992, two days of public hearings were held during which both U.S. investigators and Gen. Volkogonov testified. Finally, in December, 1992, Committee investigators participated in fact-finding trips to Czechoslavakia and Ukraine, and attended a formal meeting of the Commission in Moscow.

The Committee emphasizes that firm or precise judgments about the number and circumstances under which American military and civilian personnel may have found themselves detained within the former Soviet Union in the past cannot yet be made. Large quantities of records, both in Moscow and elsewhere, remain to be reviewed. There are also many well-informed former military and intelligence officers and diplomatic personnel who have not yet been interviewed. It is possible that evidence will be uncovered indicating greater involvement of former Soviet officials in the interrogation, transportation or detention of U.S. POWs from the Vietnam War and prior conflicts. Thus, the findings below, which are based on work to date, must be considered as preliminary in nature:

Gen. Volkogonov's Assessment

Gen. Volkogonov contends that, to his knowledge, no Americans are currently being held against their will within the borders of the former Soviet Union. Although the Committee has found evidence that some U.S. POWs were held in the former Soviet Union after WW II, the Korean War and Cold War incidents, we have found no proof that would contradict Gen. Volkogonov's contention with respect to the present. However, the Committee cannot, based on its investigation to date, rule out the possibility that one or more U.S. POWs from past wars or incidents are still being held somewhere within the borders of the former Soviet Union.

World War II

The Committee found that the Russians have been particularly successful in producing World War II archival documents, and is pleased to report that the fate of some American military and civilian personnel from the World War II era has been determined through recent investigations in Russia. Moreover, archival documents provided by Russia indicate that several hundred U.S. POWs were held against their will on Soviet territory at the end of World War II. In almost all cases, these were individuals who had been born in, or who had previously lived in, the Soviet Union, and who could, therefore, be considered Soviet citizens by the Soviet Government. Many of these individuals served in the Armed Forces of Germany, fought against the Soviet Army and were captured in combat. Some U.S. civilians from this era survived terms in concentration camps and are still alive today, living freely either in one of the former Soviet Republics or in the United States.

Cold War

There is evidence, some of which has been confirmed to the Committee by President Yeltsin, that some U.S. personnel, still unaccounted for from the Cold War, were taken captive and held within the former Soviet Union. This information involves several incidents stretching across the former Soviet Union from the Baltic Sea to the Sea of Japan.

The Committee is pleased to report that Task Force Russia has been actively investigating these cases and is keeping surviving family members fully apprised of its progress to date. The Committee notes, however, that progress is, in large part, dependent on cooperation from Russian authorities. In the Committee's November, 1992 hearings, our investigator in Moscow testified that the U.S. was "intentionally being stonewalled" by the Russians on the subject of Cold War incidents, despite pledges of cooperation from President Yeltsin and Gen. Volkogonov. The Committee, therefore, urges the Joint Commission to place special attention and focus on obtaining further information on the fate of those U.S. personnel who are believed to have been taken captive during the Cold War.

Korean Conflict

There is strong evidence, both from archived U.S. intelligence reports and from recent interviews in Russia, that Soviet military and intelligence officials were involved in the interrogation of American POWs during the Korean Conflict, notwithstanding recent official statements from the Russian side that this did not happen.

Additionally, the Committee has reviewed information and heard testimony which we believe constitutes strong evidence that some unaccounted for American POWs from the Korean Conflict were transferred to the former Soviet Union in the early 1950's. While the identity of these POWs has not yet been determined, the Committee notes that Task Force Russia concurs in our assessment concerning the transfers. We are pleased that this subject was raised by the U.S. side in December, 1992 at the plenary session of the Joint Commission in Moscow.

The Committee further believes it is possible that one or more POWs from the Korean Conflict could still be alive on the territory of the former Soviet Union. The most notable case in this regard concerns a USAF pilot named David "Markham" or "Markin", who was reportedly shot down during the Korean Conflict. According to several sources, this pilot was reportedly alive in detention facilities in Russia as late as 1991. Although Task Force Russia has thus far been unable to confirm these reports, we note that the investigation is continuing.

Vietnam War

The Committee is aware of several reports that U.S. POWs may have been transferred to the Soviet Union during the Vietnam War. Information about this possibility that was provided by a former employee of the National Security Agency (NSA), Mr. Jerry Mooney, was thoroughly investigated and could not be substantiated. The Committee notes that Mr. Mooney testified that he personally believed prisoners were transferred to the Soviet Union but that he had "no direct information" that this took place. Other reports concerning the possibility that U.S. POWs were transferred from Vietnam to the former Soviet Union deserve further investigation and followup.

With respect to interrogations, the Committee has confirmed that one KGB officer participated directly in the questioning of an American POW during the Vietnam Conflict. More generally, Soviet military officers have told the Committee that they received intelligence from North Vietnamese interrogations of American POWs and that the Soviets "participated" in interrogations through the preparation of questions and through their presence during some of the interrogations. It is possible that American POWs would not have been aware of the presence of Soviet officers during these interrogations. The Committee has also received information that Soviet personnel operated certain SAM sites in Vietnam which shot down American aircraft during the war.

The Committee notes that the cooperation received to date from Russia on POW/MIA matters has been due largely to the leadership of President Boris Yeltsin. During a visit to Washington last summer, President Yeltsin declared that "each and every document in each and every archive will be examined to investigate the fate of every American unaccounted for." Although there is still much work to be done, Russian officials deserve credit for providing access to archival material, for cooperating in efforts to solicit testimony from Russian veterans and other citizens and for their willingness to disclose certain previously undisclosed aspects of the historical record. The ultimate success of the Joint Commission will be judged, however, on whether the U.S. side is able to obtain full support for its interview program and archival research from all levels of power and authority throughout the former Soviet Union.

President Yeltsin has made a heroic effort to demonstrate his own commitment to full cooperation and Gen. Volkogonov has done a great deal, with limited resources, to meet this standard. Unfortunately, the level of cooperation from within the Russian military and intelligence bureaucracy has been less extensive and has, at times, seemed intentionally obstructive. This may well be due to the uncertainty of the current political situation in Russia. It is vital, therefore, that U.S. officials, both in Congress and the Executive branch, continue to demonstrate to Russian authorities that America attaches a high priority to cooperation on this issue and to ensure that any problems that might develop are raised with the Russians promptly and at a senior level.

The Committee also recommends strongly that the U.S.-Russia Joint Commission be continued and that efforts be made to gain the full cooperation, as needed and appropriate, of the other Republics of the former Soviet Union.

Information from North Korea and China

As part of the Committee's investigation into the fate of those Americans still missing from the Korean Conflict, the Committee Vice-Chairman traveled to Pyongyang, North Korea from December 19- 21, 1992. This trip was especially significant in that it was the first time a United States Senator had traveled to the North Korean capital. Also, for the first time, a State Department official traveled with Senator Smith to Pyongyang, in addition to two staff members working with the Committee. The trip itself was a follow- on to an earlier trip made by Senator Smith to Korea in June, 1991.

The timing of the trip was important in that just a few weeks earlier, the Committee had held the first in-depth Congressional hearings on American POW/MIAs from the Korean Conflict in more than 35 years. In view of the fact that the North Korean Government has provided virtually no information on 8,177 unaccounted for Americans in the last 40 years, the goal of the trip was to establish a dialogue which would encourage North Korea to move the accounting process forward on a humanitarian basis. A second goal of the fact-finding trip was to gain information from North Korea on reports which had surfaced during the Committee's November hearings on the fate of some American POWs.

The Committee is pleased to report that Senator Smith was successful in achieving both of these goals during the trip. Meetings were held with Supreme Assembly Speaker Yang Hyong Sop, Deputy Foreign Minister Kang Sok Ju, and a staff of ministry officials who appeared knowledgeable on POW/MIA issues. The atmosphere was cooperative and it was the sense of Senator Smith and his delegation that North Korea is prepared and willing to move forward on this humanitarian issue without any preconditions. As a sign of good faith, the North Koreans allowed Senator Smith and his delegation to visit their war museum in Pyongyang, although the request had been made only hours earlier. This was the first time any American official had visited the museum. At the museum, Senator Smith was able to view photographs of POWs, documents, letters, personal effects and captured weaponry from U.S. servicemen. Senator Smith's delegation was also permitted to photograph and take notes concerning many of the items in the museum. Important new information was also learned from North Korean officials concerning China's involvement with American POWs.

The principal Committee findings and recommendations concerning this trip are:

. Although the North Korean officials with whom Senator Smith met denied that any American POWs had survived to the present day in North Korea, the Committee cannot exclude the possibility in view of intelligence information which has been received by the United States in recent years. Specifically, the Committee shares Senator Smith's frustration during his trip at not being able to investigate unconfirmed reports that a small number of American POWs may be teaching English at a military language school on the outskirts of Pyongyang. The Committee, therefore, urges the Government of the Democratic People's Republic of Korea to cooperate fully in the investigation of these recent reports, in addition to other live-sighting reports which have been received by the United States during the last few decades.

. It is likely that a large number of possible MIA remains can be repatriated and several records and documents on unaccounted for POWs and MIAs can be provided from North Korea once a joint working level commission is set up under the leadership of the United States. Accordingly, the Committee strongly urges the Departments of State and Defense to take immediate steps to form this commission through the United Nations Command at Panmunjom, Korea. The Committee also encourages President-elect Clinton, upon taking office, to appoint a high level representative to sit on the commission. The Committee further believes that the proposed joint commission should have a strictly humanitarian mission and should not be tied to political developments on the Korean pennisula.

. Comments made by North Korean officials during the trip substantiated indications that many American POWs had been held in China during the Korean Conflict and that foreign POW camps in both China and North Korea were run by Chinese officials. In addition, North Korean officials confirmed that propaganda photos showing POW camps with large numbers of U.S. personnel had, in fact, been taken in China, not in North Korea as purported by the propaganda publications. The Committee notes that other information from both high level Russian intelligence sources and from several U.S. intelligence reports corroborates the comments made by the North Koreans.

Given the fact that only 26 Army and 15 Air Force personnel returned from China following the war, the Committee can now firmly conclude that the People's Republic of China surely has information on the fate of other unaccounted for American POWs. The Committee, therefore, strongly urges the Departments of State and Defense to form a POW/MIA task force on China similar to Task Force Russia. The Committee also strongly urges the Department of State to raise this matter at the highest levels in Beijing. In this regard, we are pleased that the first round of talks was held in January, 1993. We believe that a proposed POW Task Force on China will need to have several additional rounds of talks with the Chinese in order to search for and receive POW information in China over the coming months.

For the surviving families of those Americans still missing from the Korean Conflict, the perception has been that determining the fate of their loved ones is a task that has not been vigorously pursued by their government. We note that this perception has been fueled by past intransigence and lack of information from North Korea and China. In addition, accounting for POWs and MIAs from the Vietnam Conflict has received far greater media attention in America. The Committee can therefore understand why the Korean Conflict has often been labeled the "Forgotten War" by veterans and POW/MIA family members.

However, in view of the Vice-Chairman's recent trip to North Korea, the Committee believes that a dramatic breakthough has been achieved in terms of establishing a dialogue and gaining access to new information on POWs and MIAs. Consequently, there is now a window of opportunity which the Committee believes should be fully exploited by the United States on behalf of the families of those Americans still missing from the Korean Conflict.

Families

By its nature, war claims victims and produces suffering. Some are killed, and their loved ones mourn. Some become missing, and their loved ones both mourn and hope. When a loved one is in danger, the state of "not knowing" is emotionally the most difficult; and for many POW/MIA families, that state has now stretched on for two decades or more.

The Committee understands that it is difficult to generalize accurately about POW/MIA families, whether from the Vietnam era or from prior wars. The families are diverse in their views, in the particular circumstances surrounding the loss of their loved one, and in the experiences they have had in dealing with their government. Some believe the government has generally done all it could; others believe it has bungled inexcusably. Some believe we should put this part of our history behind us; others are convinced live Americans remain in captivity. None among us can attack the validity of any one of these points of view; for on this question, every POW/MIA family member has fair claim to be considered an expert in the truest sense of that word.

The Committee owes its creation to the activism of family members and, from the beginning, sought to work closely with the families and with their representatives. Fitting, family members were represented at the Committee's first set of hearings and the last. The Committee asked not only for public testimony about individual cases, but directly contacted each of the POW/MIA families from the Vietnam era seeking their advice and participation.

Largely in response to Committee and family requests, the President appointed a Deputy Assistant Secretary of Defense for POW/MIA Affairs in January, 1992 to serve as a central coordinator and point of contact for families and for the bureaucracy. Even more importantly, the Committee's drive for the declassification and public release of POW/MIA related documents was a direct result of past family frustration in seeking answers to legitimate questions about their loved ones and about the government's overall knowledge of the issue.

The Committee's review of past family experiences reflect an array of problems in dealing with our government that never should have happened and that can--with proper organization and planning--be avoided in the future. Accordingly, the Committee recommends:

. Those actually working on POW/MIA accounting in the field in Southeast Asia should be made available, when schedules permit, to meet with families in the United States.

. Military service casualty offices should be headed by civilians who are not subject to the kind of routine duty rotations experienced by military personnel. Individuals in these sensitive positions must have experience and a base of institutional memory if they are to deal effectively and knowledgeably with family members.

. The resumed publication of a regular newsletter containing POW/MIA related information would be a useful means of sharing new developments with the families.

. Guidelines should be established immediately for the creation of a central computerized data base within the Executive branch with information on all unaccounted for U.S. personnel from past military conflicts, to include World War II, Korea, the Cold War and Vietnam. All relevant casualty and intelligence data, in addition to any recently obtained information potentially correlating to a specific case should be made readily available to family members and researchers through the central data base. On-line access to the central data base should be made available through an easily accessible modem system.

Procedures also should be developed to ensure that requests for information contained in the data base can be processed easily so that family members receive prompt, printed responses when necessary. Additionally, procedures should be established by the Department of Defense and the Department of State to ensure that the data base is updated regularly. The Committee further recommends that the Secretary of Defense authorize the DOD family liaison officer to work with the service casualty officers to develop a data base program which meets the needs of families and researchers who need to use the system.

. Family members of Vietnam era POW/MIAs who would like to travel to Southeast Asia for direct discussions with appropriate U.S. and foreign government officials should be encouraged and helped to do so.

Conclusion

This executive summary began with three well-deserved tributes--to our POWs, to POW/MIA families, and to veterans and other responsible activist groups. The efforts and contributions of others deserve recognition, as well. The investigatory responsibilities of this Committee caused it to place enormous demands on the Executive branch for information, for the processing and declassification of documents, and for access to archived files.

Committee Members questioned current and former Executive branch officials rigorously, repeatedly and, at times, very bluntly about important issues of judgment and fact. These requests and questions were an essential part of the Committee's job, but the demands placed on the time and energies, especially of current officials, was very real.

Accordingly, the Committee wishes to acknowledge the truly extraordinary level of cooperation it received from President George Bush, Secretary of Defense Dick Cheney, Secretaries of State James Baker and Lawrence Eagleburger, National Security Adviser Brent Scowcroft, and many others in the Executive branch.

Further, the Committee must respond to the frequently-heard criticism that our government is "not doing enough" in behalf of our missing Americans. There is no question that such criticisms have been valid at points in the past. Although the answers we seek are in Vietnam and Laos and other foreign lands, this Committee was created not so much because other governments have failed to cooperate, but because our people did not believe our own government was doing enough.

We believe that, over the past 15 months, our Committee has played a major role in remedying past problems. Building on the efforts of family and veterans groups, we urged creation of the JTF-FA. We have complemented the heroic efforts made by Gen. John Vessey to gain greater access to Vietnam so that our investigations of live- sighting reports and discrepancy cases in that country will yield credible results. We helped spark creation of the U.S.-Russia Joint Commission and took steps to open the doors of cooperation with North Korea.

Today, the improvements are visible on the ground throughout Southeast Asia and in Moscow. The level of commitment at the highest levels of our government has never been greater, and our Committee has witnessed first-hand the dedication that exists within the rank and file of the JCRC and the DIA. These are people who have worked in extremely difficult conditions in Southeast Asia, often for weeks at a time in remote and hostile locations, searching for remains, following up live-sighting reports or pursuing other evidence about what happened to missing Americans. These individuals have earned our admiration and are symptomatic of a revived national effort to gain the fullest possible accounting for our POW/MIAs.

This Committee was created to remedy the atmosphere of suspicion and distrust that has so long pervaded this issue. It is our hope that this report, and the record of our work, will in fact help to repair the bonds of trust between our government and the public, and heal the wounds caused by past allegations and anger.

The bitterness surrounding the U.S. Government's effort to account for Americans missing from past wars has gone on long enough. It is time to move beyond past differences to a unified and informed commitment to seek further answers within the bounds of what time and the circumstances of war realistically permit.

Our people, and especially our POW/MIA families, have a right to know all that it is possible to know about the fate of their fellow countrymen and loved ones. This Committee, with strong public support, has pressed both our government and foreign governments to add to that knowledge--through the declassification of documents, response to hard questions, access to archives and eyewitness accounts. A process has been established that will permit timely, in-country investigations of evidence that live Americans remain in captivity. The search for remains and other evidence that could bring certainty to families is ongoing. More people are now employed and working full time on the POW/MIA issue than at any time since the end of the war, almost 20 years ago. America is finally being allowed to do what it should have been able to do long ago.

Unfortunately, the existence of a strong "accountability process" cannot stop the pain in a family member's heart, nor can it substitute for the gut belief held by some that one or more U.S. POWs survive. The qualities of love and faith reflect what is best about us, and are not answerable to laws of probability or perspective. That is why some of us will always bring to the evidence a different level of passion and a different standard for judging evidence than others. But this Committee's investigation demonstrates that these kinds of differences need not lead to differences of goal. It does not matter with what emotions we proceed at this point to seek further answers; it is important only that we continue looking as long as there is good reason to believe that additional answers may be found.

The Committee's investigation has answered a host of questions about the past, while opening the door to future progress. With this final report, the Committee will cease to exist. But that does not mean that our own work on this issue will also end. To the extent that there remain questions outstanding that are not adequately dealt with by the Executive branch, we will ensure that these questions are pursued through the normal Committee structure of the Congress. We will also work with officials in the Clinton Administration to see that the major recommendations of the Select Committee are implemented and that needed, additional diplomatic steps are taken.

We undertook our assignments as Members of this Committee not only out of official duty, but as a personal commitment; a commitment founded variously on prior military service or a concern for families in our respective states or out of a simple desire to pursue the truth. For each of us, that commitment has grown over the past year as we have worked with the families and agonized with them in trying to sort out the facts. Now, having completed our work as Members of the Select Committee, we move to a different stage of our effort but with no change of goal. We remain committed, and will ensure that our nation remains dedicated, to obtaining the fullest possible accounting of missing Americans. We owe no less to our POW/MIA families; nor can we accept less and be at peace with ourselves.