(House of Representatives - June 18, 1996) By Mr. DORNAN: H.R. 3668.

Đây là document HR 3668 Congressional Record 104th Congress (1995-1996) --------------------------------------------------------------------------------

PUBLIC BILLS AND RESOLUTIONS (House of Representatives - June 18, 1996) By Mr. DORNAN: H.R. 3668. A bill to require the Secretary of Defense to provide back pay to the Vietnamese commandos who were employed by the United States during the Vietnam conflict to conduct covert operations in North Vietnam so as to compensate the commandos for the years in which they were imprisoned and persecuted in Vietnam; to the Committee on National Security.

KERRY (AND MCCAIN) AMENDMENT NO. 4451 (Senate - July 11, 1996)

[Page: S7784] GPO's PDF(Ordered to lie on the table.) Mr. KERRY (for himself and Mr. McCain) submitted an amendment intended to be proposed by them to the bill, S. 1894, supra; as follows: On page 88, between lines 7 and 8, insert the following: Sec. 8099. Of the total amount appropriated under title II, $20,000,000 shall be available subject to authorization, until expended, for payments to Vietnamese commandos captured and incarcerated by North Vietnam after having entered the Democratic Republic of Vietnam pursuant to operations under a Vietnam era operation plan known as `OPLAN 34A', or its predecessor, and to Vietnamese operatives captured and incarcerated by North Vietnamese forces while participating in operations in Laos or along the Lao-Vietnamese border pursuant to `OPLAN 35', who died in captivity or who remained in captivity after 1973, and who have not received payment from the United States for the period spent in captivity.

HONORING REPUBLIC OF VIETNAM ARMY COMMANDOS

(House of Representatives - May 21, 1998)

(Ms. SANCHEZ asked and was given permission to address the House for 1 minute and to revise and extend her remarks.)

Ms. SANCHEZ. Mr. Speaker, 2 weeks ago the House Committee on National Security unanimously approved my amendment to honor and recognize the former South Vietnamese army commandos who were employees of the United States Government during the Vietnam War.

Today, the Members of this House had the opportunity to properly honor those brave men by supporting the Department of Defense authorization bill for fiscal year 1999.

Last year, the President signed into law legislation that I advocated to ensure that the United States Government honor a 30-year-old bad debt and pay these men who worked for the United States Government the wages they earned but were denied during the Vietnam War.

These individuals were trained by the Pentagon to infiltrate and destabilize communist North Vietnam.

Many of these commandos were captured and tortured while in prison for 15 to 20 years, and many never made it out.

Declassified DOD documents showed that U.S. officials wrote off the commandos as dead even though they knew from various sources that many were alive in Vietnamese prisons.

The documents also show that U.S. officials lied to the soldiers' wives, paid them tiny `Death Gratuities' and washed their hands of the matter.

For example, Mr. Ha Van Son was listed as dead by our Government in 1967, although he was known to be in a communist prison in North Vietnam. Today he is very much alive and well and living in Chamblee, GA. In my hand I hold the United States Government's official declaration of his death.

Because it was a secret covert operation, the U.S. Government thought they could easily ignore the commandos, their families, friends, and their previous contacts without anyone noticing.

As the Senior Senator from Pennsylvania said in a recent hearing, `This is a genuinely incredible story of callous, inhumane, and really barbaric treatment by the United States.'

In the 104th Congress, this House approved legislation that required the Department of Defense to pay reparations to the commandos.

This bill would have provided $20 million to the commandos and their survivors, an average grant of about $40,000 per commando. It called them to be paid $2,000 a year for every year they were in prison, less than the wages they were due.

President Clinton signed this legislation into law (Public Law 104-201).

However, in April of 1997, the Department of Defense said that the statute was legislatively flawed and the Secretary could not legally make payments.

I then contacted Secretary Cohen requesting the administration's help to correct this error.

The administration responded by supporting inclusion of the funding in the Supplemental Appropriations Bill for fiscal year 1997 (Public Law 105-18)

Last year, I met at a public forum with 40 commandos from my district.

One individual shared with me his story of how he parachuted into enemy territory, was captured, convicted of treason, beaten, thrown into solitary confinement for 11 months, then moved among hard--labor camps for the next seven years.

His story is not unlike countless others. I request unanimous consent to insert into the record one story of this abuse headlined `Uncommon Betrayal' as reported by an Atlantia newspaper recently.

Today, however, I am pleased to provide this Body with this update.

To date, the Commando Compensation Board has been established at the Pentagon; 266 claims have been processed; 142 Commandos have been paid.

All this was made possible because of the commitment of this House.

After years of torture by the North Vietnamese, the callousness of being declared dead by the United States Government, and years of anguish over not receiving their rightful compensation--these brave men now deserve recognition.

The South Vietnamese Lost Army Commandos are finally a step closer to having the United States Government honor their contracts for their years of service to the United States Army.

I am proud that the members of the House had an opportunity to properly honor these brave men

We can not bring those who perished back, but we can give these individuals the dignity and respect that's been so long overdue.

Who supports this resolution?

The State of California American Legion strongly endorses this amendment and I would like to submit the letter from the Department Commander Frank Larson into the Record.

In Commander Larson's letter dated May 1, 1998, he states, `Ms. Sanchez: I'm sure if history were unfolded for all to see it would show that the South Vietnamese commandos, who aided the United States Government in covert actions against the North Vietnamese, were responsible for saving many American lives.'

It goes on to say: `To that end, the same recognition due our soldiers, sailors, marines and airman involved in the Vietnamese Conflict should be afforded to the former South Vietnamese commandos, who so gallantly served and endured.'

It is also supported by: The Air Commando Organization; The Special Forces Organization.

American veterans who fought side by side with the Commandos, come to their defense in letters of support.

I would like to share with you what our soldiers have to say about the commandos.

This letter comes from a special forces NCO:

`Dear Sir: I had the opportunity to work with these men in which they not only risked their lives, but continually put themselves in harms way. * * * We are aware of terrible trials and conditions these men endured for so long and we would like to help * * *'

I would also like to take this opportunity to mention that last year, during POW/MIA recognition day, I had the opportunity to meet with several members of my veteran community.

I had the opportunity to speak with former POWs and family members whose loved ones were taken as prisoners or declared missing in action. Several of the veterans mentioned their support for the Commandos and urged that the Government honor its word.

Today, we gave these commandos what they really wanted, the distinction of honoring their service in the Vietnam War. And on behalf of the 40 commandos residing in the 46th Congressional District of California, I would like to thank the Members of this body for their commitment to honor and to recognize the former South Vietnamese army commandos.

Mr. Speaker, I submit for the Record a series of documents relating to these former South Vietnamese commandos.

H.CON.RES.269 and H.RES.316

1. H.CON.RES.269 : Expressing the sense of the Congress regarding the heroism, sacrifice, and service of former South Vietnamese commandos in connection with United States armed forces during the Vietnam conflict.
Sponsor: Rep Sanchez, Loretta [CA-46] (introduced 4/30/1998) Cosponsors (None)
Committees: House National Security
Latest Major Action: 6/10/1998 Referred to House subcommittee. Status: Referred to the Subcommittee on Military Personnel.

2. H.RES.316 : Recognizing and honoring former South Vietnamese commandos for their heroism, sacrifice, and service during the Vietnam conflict.
Sponsor: Rep Sanchez, Loretta [CA-46] (introduced 11/8/1997) Cosponsors (None)
Committees: House International Relations
Latest Major Action: 11/20/1997 Referred to House subcommittee. Status: Referred to the Subcommittee on Asia and the Pacific.

SUMMARY OF PROGRESS TO DATE

The VCCC Support Staff began processing claims in September 1997. The Commission reviewed the first 20 claims in November 1997 and made payments on 16 approved claims by the end of November. The Commission approved 20 more claims in December and made payments before the end of the month. The VCCC meets monthly and now adjudicates 60 to 70 claims per month. The following is the status of claims presented to the VCCC as of September 18, 1998:
Number of claims received: 880
Number of claims closed: 586
Approved: 244
Denied: 342
Average processing time: 93 days
Number of claims received from:
U.S.: 388
Vietnam: 490
Australia: 2
Total approved for payment: $9,969,500
Total paid to claimants: $3,024,000
Total held in abeyance: $6,945,500
Petitions for Reconsideration: 35
Commission denial affirmed: 35

SUMMARY OF SIGNIFICANT ISSUES

Ineligible Claims from Vietnam
Beginning in January 1998, the Commission began receiving a large number of claims from applicants in Vietnam who were clearly not former commandos. These applicants were mostly former Army of the Republic of Vietnam (ARVN) soldiers who were misled into believing the United States was making broad-based payments to former Vietnamese soldiers. Broadcasts over BBC radio based on incomplete information were partially responsible for this as well as an apparent "cottage industry" by which local Vietnamese, for a fee, processed applications, whether or not the applicant had any potential for qualifying.
The VCCC and Support Staff have subsequently sent clarifying information in English and Vietnamese to the US Embassy in Vietnam, arranged for multiple broadcasts on Voice of America outlining qualifying criteria, and promptly provided specific disqualifying information in Vietnamese to all applicants whose claims were denied. No netheless, the Commission is now adjudicating approximately two claim denials for every claim approved.
Attorney Fees
Section 657 specifically limits attorney fees to 10% of payments made. In early 1998, the Department received a number of inquiries with regard to attorney fees. A complaint was filed with the DoD Inspector General (IG) regarding an attorney who was charging his clients fees in excess of 10%. On March 12, 1998, the Assistant Secretary of Defense for Force Management Policy directed that payments be held in abeyance pending resolution of this question of attorneys charging claimants excessive fees in violation of law. Efforts to resolve the issue directly with the attorney involved have not been successful. On July 17, 1998, the issue was referred by the Department of Justice to the United States Court of Federal Claims for resolution.
Section 658 of the FY1999 Defense Authorization Bill provides that "notwithstanding any prior agreement (including a power of attorney) to the contrary, the actual disbursement" of a payment under this section may be made only to the person who is eligible for payment. Passage of this amendment in the Authorization Bill would provide the Department a possible alternative to waiting for complet ion of the judicial process before being able to resume payments.

Disputed Claims
When the Department published its regulations in May 1997, one attorney represented the vast majority of the commandos. A few other attorneys have since represented a handful of additional claimants. However, one attorney has presented the VCCC Support Staff with over 80 powers of attorney switching claimants to himself from the original attorney. Some of these claimants’ applications had already been investigated, adjudicated and approved for payment. The original attorney has asked the Department in writing to defer action on these applications until such time as the validity of representation can be adjudicated in court. Section 658 of the FY1999 Defense Authorization Bill provides a possible alternative to waiting for completion of the judicial process before being able to resume payments.

Lawsuits
Section 657 states that payments "under this section shall be in full satisfaction of all claims by or on behalf of that individual against the United States arising from oper ations under OPLAN 34A or its predecessor or OPLAN 35."
Nonetheless, the original lawsuit (April 1995) against the United States Government on behalf of the commandos remains open in the United States

Court of Federal Claims.
In April 1998, the attorney representing commandos in the original 1995 lawsuit filed suit against a second attorney in the United States District Court for the District of Columbia. This suit charges the second attorney with interference with preexisting contractual client relationships. The attorney filing the lawsuit asked the Department to defer payment on disputed applications until such time as the validity of representation can be adjudicated in court. The VCCC Support Staff has received three subpoenas in conjunction with this suit.
In June 1998, the attorney representing commandos in the original 1995 lawsuit filed a lawsuit in the United States District Court, District of Massachusetts seeking Veterans benefits for the commandos similar to those granted to members of the Armed Forces of the United States.
In August 1998, the attorney representing commandos in the original 1995 lawsuit filed a lawsuit in the United States District Court, Southern District of Florida, naming the Assistant Secretary of Defense for Force Management Policy, the Chairman of the VCCC and the United States as defendants. This lawsuit involves the attorney fee issue referred in July 1998 by the Department of Justice to the United States Court of Federal Claims for resolution

III. REGULATIONS

On May 15, 1997, the Department approved regulations to establish procedures for receipt of claims and payment to Vietnamese Commandos. On June 25, 1997, the Department published in the Fede ral Register a Privacy Act Notice in accordance with 5 USC 552a, allowing for Privacy Act protection of associated records. On June 30, 1997, the Department published in the Federal Register a System of Records in accordance with OMB Circular A-130, allowing for formal claims receipt.
On July 25, 1997, the regulations were formally published in the Federal Register as 32 CFR Part 270, "Compensation of Certain Former Operatives incarcerated by the Democratic Republic of Vietnam," effective May 15, 1997.
These regulations prescribe in detail the membership of the Commission, henceforth called the Vietnamese Commandos Compensation Commission (VCCC), and the functions of the VCCC Support Staff. The regulations prescribe the standards and verification of eligibility of applicants, payment procedures, appeals procedures, and a complete application.
The complete regulations are at Appendix A of this report. Some key points with regard to the regulations are highlighted below:
The regulations are effective May 15, 1997. Hence, in accordance with Public Law 104-201, all claims must be submitted by November 15, 1998 (18 months after establishing associated Department regulations). The Commission has another 18 months to adjudicate claims, until May 1 5, 2000. However, the commission is adjudicating claims much faster than the 18 months allowed and expects its work to be completed by the end of 1999.

On July 1, 1997, the Secretary of the Army established the VCCC Support Staff. The staff consists of a staff director, a contract staff advisor, three military staff analysts, two Vietnamese translators, a staff investigator and an administrative assistant. The staff members have become experts on the Vietnamese Commandos and are capable of processing and investigating 60 to 70 claims per month. The VCCC Support Staff makes recommendations to the Commission, which is responsible for actually adjudicating the eligibility of each claimant.

The standards for verification of eligibility were established so that information presented to the commission indicates whether "the applicant is more likely than not to be eligible for payment." Rather than requiring personal appearances, the regulations call for a notarized application, signed affidavits and various readily available identification documents. Upon learning that notary service was unavailable or available only at great expense for applicants living in Vietnam, the rules were amended prior to final publication waiving the notary requirement "in exceptional circumstances."
While Section 657 of Public Law 104-201 established that claimants have no right to judicial review, the regulations do allow for an appeal process within DoD and establish specific appeal procedures for filing petitions for reconsideration.

Appendix A to 32 CFR Part 270 is a complete Application for Compensation for Vietnamese Commandos. The Support Staff has subsequently developed a bilingual application in both English and Vietnamese. The bilingual application is made available on request, is sent to all applicants applying directly from Vietnam and has been provided to the US Embassy in Vietnam.

LA TIMES

A Nod to Forsaken Warriors

Ex-commandos deserve proposed U.S. payments, at the very least

October 07, 1996

The United States sent its officials to the doors of Vietnamese women to tell them their husbands were dead. They were not. The U.S. government paid the survivors a few hundred dollars as a "death gratuity," despite evidence the "dead" really were alive. When the facts came to light, federal agencies refused to live up to signed agreements promising to continue the salaries of the Vietnamese soldiers if they were captured on their mission for U.S. forces.

Last week the federal government belatedly acknowledged its shameful record in the affair of 300 former Vietnamese commandos and agreed to pay each of them $40,000. The payments are long overdue.

The Vietnamese were part of a CIA-sponsored secret army formed during the 1960s and sent from South Vietnam into North Vietnam in an inept attempt to destabilize the Communist regime in Hanoi. Many of the commandos were captured and tortured while imprisoned for 15 to 20 years. A good number of those who survived imprisonment and finally were freed made their way to Los Angeles and Orange counties.

The federal government kept information about the commando expeditions secret. Only this year did details emerge, in records pried loose by requests from the commandos' lawyers and The Times under the Freedom of Information Act.

The disclosures prompted a U.S. Senate hearing at which the Pentagon's lies and cover-up were laid bare. A lawsuit for compensation to the veterans will be dropped after the payments are made.

Thai Van Hoang, who spent 17 years in prison and now lives in Westminster, was gracious in discussing the promised payment. He said the issue was not the money but rather that for the first time the U.S. government "concedes that we exist." A White House spokesman said the payments recognize this country's "moral obligation" to heed its promises. The ex-commandos can't be made whole, but they deserve at least this recognition.

Memo

MEMORANDUM FOR CORRESPONDENTS

July 25, 1997

The Fiscal Year 1997 National Defense Authorization Act, Section 657 authorizes the Secretary of Defense to make payments to Vietnamese commandos who participated in covert intelligence missions behind enemy lines during the Vietnam War and were incarcerated by the North Vietnamese and held beyond 1973, when nearly all other POW's

and internees were repatriated. On June 17, 1997, Congress appropriated $20 million for the payments to these Vietnamese Commandos. Accordingly, the Department of Defense will begin the process of accepting and adjudicating claims and making payments to the Vietnamese Commandos or their surviving spouse or children.

While these commandos were not members of the U.S. Armed Forces or the Republic of South Vietnam military, civilian officials or employees of either government, they were civilian contractors of the South Vietnamese Government who participated in covert operations directed first by the CIA and later by a U.S. Joint Military Organization, Military Assistance Command (Studies and Observation Group).

The department published detailed regulations in the Federal Register, "Compensation of Former Operatives Incarcerated by the Democratic Republic of Vietnam", on July 25, 1997. The public may comment on these regulations within 60 days from the date of publication. These regulations will include the address to which claimants must write to establish their claims, and, in general, describe the mechanisms by which the Department of Defense will conduct the process.

The department intends to expeditiously process claims and begin to make payments

as soon as practical after all regulatory requirements for comments have been received and acted upon.

OP34 and OP35

BACKGROUND:

The 1997 Defense Authorization Act authorized the Secretary of Defense to compensate Vietnamese operatives who participated in specific missions (described below) during the Vietnam War. The Assistant Secretary of Defense (Force Management Policy) appointed a Commission to adjudicate the individual claims of the commandos, and tasked the Army to provide a voting member for the Commission, establish a Commission Support Staff to process and pay claims determined valid by the Commission, and to provide a Staff Director. The Secretary of the Army tasked this mission to the Deputy Under Secretary of the Army (International Affairs)(DUSA-IA). The Support Staff is a Field Operating Agency of the Army Secretariat, and reports to the Military Deputy to the DUSA-IA. The DUSA-IA is the DoD Executive Agent for providing direct support to the Commission.

"Predecessor Operations" :
Vietnamese individuals recruited and contracted as intelligence agents by the South Vietnamese Government from 1960 to 1963, were trained, equipped and funded by the CIA to conduct covert intelligence operations inside North Vietnam. The concept of this operation, as Army MG (Ret.) John Singlaub testified, was

"to introduce these intelligence assets into North Vietnam to perform basically three missions. First, was to collect positive intelligence on the North Vietnamese in North Vietnam. The second was to conduct limited and very specific sabotage activities. And finally their mission would be to become a cadre for a resistance operation against the North Vietnamese communist regime."

Almost all of the agents were either killed or captured by the North Vietnamese. According to an article introduced during these hearings by Sedgwick Tourison, author of Secret Army, Secret War, "[b]etween 1960 and late in 1963, roughly 250 agents sent by the CIA and South Vietnam into North Vietnam were lost…."
OPLAN 34A:
Responsibility for the conduct of the operations transferred from the CIA to DoD in January, 1964, when the Military Assistance Command Vietnam Special Operations Group (later changed to "Studies and Observations Group")(MACVSOG) was formed. Despite signs that several of the teams were compromised/captured, DoD continued the operations under the newly formed MACVSOG. According to Mr. Tourison’s Congressional Record article, "[b]etween the spring of 1964 and October 1967, MACVSOG lost 240 more agents inside North Vietnam and scores of agents in adjacent Laos and Cambodia." None were released from North Vietnamese prison camps or reeducation centers in 1973 when known American prisoners were repatriated under the terms of the Paris Peace Accords.
OP35:
Another component of MACVSOG, employed American-led teams to conduct cross-border operations, primarily into Laos and along the Lao-Vietnamese border. These operations were conducted from 1965 up until 1972. The 12-man teams normally consisted of 2 or 3 Americans and 9 Vietnamese, primarily from one of the Montagnard tribes or of other minority ethnic extraction. Although these operations were much more successful, perhaps as many as 20 - 30 Vietnamese were taken prisoner by the Communists during this period.

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