Conference Report Orders Evaluation

Sent: Tuesday, December 13, 2011 9:50 AM

Good Morning,

I wanted to inform all of you that language on Tripoli Soldiers was included in the Conference report on the National Defense Authorization Act.

Section 598. Evaluation of Issues Affecting Disposition of remains of American Sailors Killed in the Explosion of the Ketch USS INTREPID in Tripoli Harbor on September 4, 1804.

(a) Evaluation required – Not later than 270 days after the date of the enactment of this act, the Secretary of Defense and the Secretary of the Navy shall conduct an evaluation of the following issues with respect to the disposition of the remains of American sailors killed in the explosion of the Ketch USS INTREPID in Tripoli Harbor on September 4, 1804:

i. The feasibility of recovery of remains based on historical information, factual consideration, costs, and precedential effect.

ii. The ability to make identifications of the remains within a two-year period based on conditions and facts that would have to exist for positive scientific identification of the remains.

iii. The diplomatic and inter-governmental issues that would have to be addressed in order to provide for exhuming and removing the remains consistent with the sovereignty of the Libyan Government.

(b)Participation and consultation. – The Secretary of Defense and the Secretary of the Navy shall conduct the evaluation as required by subsection (a) with participation of the Defense POW/Missing Personnel Office and the Joint POW/MIA Accounting command and in consultation with the Secretary of State.

(c)Submission of Recommendation. – Upon completion of the evaluation as required by subsection

(a), the Secretary of Defense and the Secretary of State Shall submit to the Committees on Armed Services of the Senate and the House of Representatives their recommendation regarding the proposal to exhume, identify, and relocate the remains of the American sailors referred to in such subsection and the reasons supporting their recommendation.