S 1242 CONGRESSIONAL RECORD — SENATE January 19, 1995 He tried negotiation, which was met by a LEGISLATION RELATING TO THE gram would be as effective as a central- declaration of independence; he tried an in- CLEAN AIR ACT AMENDMENTS ized program in meeting air quality ternal coup, which flopped; now he’s trying OF 1990 standards. force, which is bringing world obloquy on his ∑ Mr. WARNER. Mr. President, I am Since early last year, Virginia has head because the Chechens are fiercely fight- attempted to work with EPA to de- ing for their homeland and the Russian pleased today to join as a cosponsor of velop a program that would bring the Army has no heart for a lengthy guerrilla legislation to require that the Environ- battle, especially after its loss in Afghani- mental Protection Agency allow States northern Virginia area into compliance stan. to meet the requirements of the Clean with air quality standards. Unfortu- All that—added to Yeltsin’s personal Air Act as intended by Congress by nately, EPA has been less concerned punchiness and isolation—is why Russia ap- pursuing options that best meet their with the results of my State’s emis- pears unstable. We tend to equate the future own circumstances. sions reduction plan, than with the of democracy with the future of Yeltsin, who As a member of the Committee on process Virginia chooses to achieve is on his last leg. Environment and Public Works during these results. But consider the political miracle taking the development of the Clean Air Act In an effort to comply with the Clean place in Moscow today. An unpopular and in 1990, I can confirm that it was recog- Air Act, Virginia has presented two unjust war is being denounced in the Par- nized that the requirements for an en- plans. The first plan was rejected by liament, with reformer Grigory Yavlinsky, hanced inspection and maintenance EPA because it included a decentral- openly calling for Yeltsin’s resignation. The program would require some States to ized test and repair program with oper- military is publicly divided between con- modify their current emission test and science-stricken warriors and hard-line ator certification and more enforce- incompetents. Free speech is spilling out all repair programs. It was our full inten- ment, as opposed to a fully centralized over. tion, however, to allow States to oper- program operated by State employees The newspapers, after centuries of czarist ate a decentralized automobile emis- or State-hired contractors. The second and Communist docility, are crusading: a sions inspection and maintenance pro- plan which Virginia has offered has picture of Defense Minister Pavel Grachev is gram to meet the requirements of the been the subject of extensive discus- captioned ‘‘the most talentless commander act. sions, but no final resolution. The last in Russia.’’ And the television crews are In developing regulations to imple- meeting occurred on October 20, 1994, bringing home the horror of the war just as ment the enhanced I&M program, EPA between EPA and Virginia with EPA American cameramen did in Vietnam, with did not follow the direction of the Con- pledging to respond to the State’s pro- similar impact on Russian public opinion. gress and provisions of the statute. In- posal. To date, EPA has not responded. This is wonderful. The world should be stead, EPA mandated that States oper- During this time, Virginia has oper- proud of the Russian people, who should be ate a centralized testing program by prouder of themselves for exercising their ated under a regulatory determination giving States only 50 percent credit to- known as a protective finding for new-found freedom to debate a great issue. ward achieving the 15-percent reduc- Contrast that democratic turmoil to the transportation conformity. This des- tion in emissions if they elected to ignation allows transportation projects facade of ‘‘stability’’ in China. With the sponsor a decentralized program. death of Deng Xiaoping imminent, the lead- to go forward on the assumption that As States have attempted to work ership is cracking down on dissidents. Virginia will soon have an approved with EPA to develop emission reduc- By jailing its leading independent think- emissions reduction plan. tion plans that would comply with the ers, the regime in Bejing reveals its inherent Time is short, Mr. President, and our act, it has become clear that the Agen- weakness. The new imprisonment of the cou- protective finding expires this month. cy is mandating that States implement rageous Wei Jingsheng, China’s Sakharov, The EPA has repeatedly stated that, only one approach. This inflexible ap- was the tip-off that the leadership fears a without an approved plan, Virginia popular uprising, this time led by angry proach limits the ability of our States would be subject to the loss of over $378 workers rather than idealistic students. As to pursue programs unique to their cir- Deng sinks, the number of panicky arrests cumstances. Mr. President, I believe million in annual highway funds which rises. that encouraging States to devise their Virginia drivers have paid into the This demonstrates again that succession in own programs with assistance from the highway trust fund. Also, any new a Communist state is a ruthless wrestle for Federal Government is the crucial ele- transportation projects proposed for power within an impenetrable clique. It ment in whether any Federal program addition to our Transportation Im- mocks the assurances of China’s Western is successful or not. As EPA has con- provement Program until Virginia’s 15 apologists that a market economy leads to sistently demanded a centralized test- percent emissions reduction plan is ap- political freedom. ing program which uses the very costly proved. In a litchi nutshell, here’s the play: IM–240 equipment, the program is on These are significant penalties be- Yang Shangkun, an old army leader whose cause it means that new major high- powerful family was neutralized by Deng, is the brink of failure. States are over- whelmingly rejecting EPA’s version of way plans or modifications to existing close to Adm. Liu Huaqing, the nation’s top plans cannot go forward. Not only military leader. They may challenge Deng’s an enhanced I&M program, consumers would approval for Federal projects be prote´ge´s, party boss Jiang Zemin and Prime are losing confidence in the benefits of Minister Li Peng, by backing economic an automobile emissions program and denied, State and local approvals for chief, Zhu Rongji, or promoting a next-gen- valuable resources are being wasted. projects on larger roads would be pro- eration politician, Hu Jintao, or by backing Mr. President, there is more than one hibited. Qiao Shi, the former national security ad- way to ensure that we achieve the Mr. President, northern Virginia, an viser and now chairman of the rubber-stamp maximum amount of automobile emis- area already choking on traffic People’s Congress, hereinafter known as sions reductions in our fight to im- gridlock that paralyzes our lives daily ‘‘China’s Newt Gingrich.’’ prove air quality, but EPA is threaten- and results in a tremendous loss of eco- What do 1.2 billion Chinese have to say ing States with the loss of critical nomic productivity, must not suffer about all this? Zilch. (Analysts in Bejing, highway funds unless States do it only from EPA’s bureaucratic inflexibility. aware of the exclusive accuracy of my pre- their way. Should EPA repeal Virginia’s protec- diction of Mao’s successor in the 70’s, will Mr. President, that is not what the tive finding, 138 million dollar’s worth have to puzzle out ‘‘zilch.’’) And therein lies law says and that is not what our of northern Virginia projects in 1995 real instability. States should be required to do. alone would be impacted. A monolithic, totalitarian state, repress- Mr. President, these are extremely ing the spirit of freedom, only seems secure; The Clean Air Act specifically allows we have seen how it can suddenly collapse. A for States to demonstrate to the satis- harsh penalties that bear no relation- noisy, unruly democratic state, drawing on faction of the Administrator that a de- ship to the issues at hand. Virginia has the legitimacy of free elections, is more se- centralized program will be equally ef- committed to improving air quality to cure—no matter how shaky the leadership. fective to a centralized testing pro- meet the Federal standards. We only That’s why Russia is in better political gram. In the case of my State, Virginia ask that we be permitted as provided in shape than China.∑ has been repeatedly denied the oppor- the law to select the most cost effec- tunity by EPA to show that their re- tive options that will achieve these im- vised decentralized test and repair pro- portant goals. January 19, 1995 CONGRESSIONAL RECORD — SENATE S 1243

As a member of the Committee on In August of 1777, General Stark was en- pain, I ask to insert it into the RECORD Environment and Public Works, I look gaging the Hessians of Burgoyne’s command at this point. forward to working with my colleagues at Bennington. The first action had been The article follows: fought and the Hessians were already win- so that we can take prompt action on ning the day. A powerful enemy reinforce- [From The Jerusalem Report, Dec. 1, 1994] this important legislation.∑ ment was taking to the field when Seth ar- ORDINARY HEROES rived with his regiment. General Stark or- f dered Seth to ride on the line and order a re- (A month after his son was executed by treat into the middle of Bennington. Seth re- Hamas kidnappers, only the unshakeable COL. SETH WARNER fused that order, much to General Stark’s faith of Nahshon Wachsman’s parents is ∑ Mr. LIEBERMAN. Mr. President, I surprise, stating instead that he was certain enabling them to cope with their grief) that he could get his men into action on the rise today to honor one of Connecti- (By Yossi Klein Halevi) cut’s great Revolutionary War heroes, ground. General Stark agreed and the day was won. Once again it was Colonel Seth Yehudah and Esther Wachsman’s phone Col. Seth Warner. Tragically, the ac- Warner’s fiery courage and steady judgment doesn’t stop ringing. The Jewish National complishments of this extraordinary that had turned the tide of the battle. Gen- Fund wants to plant a forest in memory of American have not been properly her- eral Stark stated in his report to General their 19-year-old son, Nahshon, kidnapped alded by history, and I believe the time Washington, ‘‘Colonel Warner’s strategy and and killed by Hamas terrorists in October. A is past due for us to honor him. I salute judgment was of extraordinary service to Jerusalem religious school wants Esther and the dedication of Edward S. Caco, Jr., me.’’ In recognition of his valor and service, Yehudah to address its students about the of Roxbury, CT, in researching and rec- Seth was promoted to the full rank of Colo- dangers of religious extremism. The Kfar nel. Saba municipality wants them as guests of ognizing the Colonel’s great work and It has been said that if Seth had retired honor at a rally for national unity. life. I have set forth below a discussion from the service at this time, he may have to Families afflicted by terror attacks are of Colonel Warner’s life prepared by a certain extent retained his health. How- usually considered victims, not heroes. Yet Mr. Caco. I can only hope this entry, ever, with Seth the needs of his burgeoning the Wachsmans, whose quiet dignity during by Mr. Caco, describing the importance country always took precedence over his own the kidnapping ordeal riveted the country, of the Colonel’s contribution to Amer- welfare, as well as the needs of his own fam- have become symbols of strength—at a time ican independence, helps to bring the ily. With failing health, Seth continued to when Israelis fear that their ethos of courage fight the ravages of the Indians and the ever recognition he deserves. I sincerely is slowly being sapped by exhaustion and present Tories. Not one to remain idle for prosperity. Rabbis who came to the thank Mr. Caco for his fine work on any length of time, Seth led a scouting party Wachsmans to impart religious inspiration Colonel Warner’s life. in 1780. It was on this mission that Seth was were instead inspired by their faith; Knesset * * * Colonel Seth Warner was born in ambushed by the Indians. In the melee of Speaker Shevah Weiss and the commander of Roxbury on the 17th day of May, 1743. As a battle the two officers by his side were killed the Golani infantry brigade in which man, he was over six feet tall, and was cou- and Seth received two bullets through his Nahshon served emerged from the Wachsman rageous and commanding. Engaged in the arm. This was the end of Colonel Seth War- home repeating virtually the same words: We controversy with New York, he was fully ner’s active military career. came to strengthen the Wachsmans, but prepared to engage in our Revolutionary He retired to his Vermont residence for were instead strengthened by them. struggle. He was personally present in many two years to recuperate. In 1783 Seth re- Yehudah, in a knitted yarmulke and san- engagements in the northern colonies. It has turned to his native Roxbury and established dals, and Esther, in a beret and denim skirt, been reported that General Washington re- a homestead. Still in a great deal of pain shattered the stereotype of the Israeli Ortho- lied especially upon Colonel Ethan Allen and from his wounds and malady, Seth spent dox Jew as extremist and intolerant. Esther Colonel Seth Warner [who were cousins], time by the seashore hoping that this would appealed to her son’s kidnappers to remem- considering them as among the most active, give him some respite. This was to prove ber that they all worshiped the same God; daring, and trustworthy of this officers. fruitless, and he returned to his home where and the army’s failed attempt to rescue Not long after the victories of Ticonderoga he lingered in suffering and delirium for sev- Nahshon, Yehudah thanked the Muslims and and Crown Point, Seth Warner was appointed eral months. At times neighbors were needed Christians who had prayed for his son, and as a Delegate to the Continental Congress. to assist in his care. Finally, on December offered to meet with the parents of Shortly thereafter, he was enrolled as part of 26, 1784, Colonel Seth Warner was relieved of Nahshon’s killers. And despite anonymous the regular Continental Army. Seth Warner his pain and suffering through his merciful right-wing callers demanding that he stay was appointed the Commander of the regi- death. * * * away, Yehudah accepted an Israeli govern- ment by the officers and men, who felt that The entry on Colonel Warner’s tomb- ment invitation and attended the signing his calm and wise judgment would serve stone well summarizes his life. ceremony for the Israeli-Jordanian peace them best in the serious business of war that IN MEMORY OF COLONEL SETH WARNER, ESQ., treaty, just days after he completed the lie ahead. WHO DEPARTED THIS LIFE DECEMBER 26TH, shivah mourning period for Nahshon. It was at Longueil Canada in 1775 that A.D. 1784. IN THE FORTY-SECOND YEAR OF The Wachsmans managed to emotionally Colonel Warner fought a rear guard action HIS AGE unite the country, however briefly, in a way against the advancing enemy, covering the it hadn’t know in years. Tens of thousands of Triumphant leader at our armies’ head, retreat of General Sullivan. The retreat be- Israelis, from secularists to ultra-Orthodox, Whose martial glory struck a panic dread, came a route and it was Colonel Warner that joined prayer services for Nahshon’s safety Thy warlike deeds engraven on this stone, protected the rear and brought up the sick and lit an extra Sabbath candle on the Fri- Tell future ages what a hero’s done, and wounded. The stricken and defeated day night that he died. Weeks after Full sixteen battles he did fight, army made its way to the safety of Crown Nahshon’s death, thousands of letters are for to procure his country’s right. Point, and later on to Ticonderoga. Though still coming to the Wachsman home in Jeru- Oh! this brave hero, he did fall, the Colonel was successful in carrying out salem’s Ramot neighborhood—not only from By death, who ever conquers all. his orders, it was this flight from the enemy Israelis but from people around the world, forces which broke his iron constitution and When this you see, remember me.∑ many sending poems and taped messages of began the malady that would eventually f support. take this life. The Wachsmans insist they are ordinary Several months later in July of 1776, Seth ORDINARY HEROES people; and indeed, the middle-aged, modern was again called upon to fight a rear guard ∑ Mr. SIMON. Mr. President, all of us Orthodox couple are unlikely heroes. action to cover the retreat of General St. watched with agony while a 19-year- Yehudah and Esther, both 47, are short, stur- Clair’s forces from Ticonderoga. At old, Nahshon Wachsman, was captured, dy, wide-faced. Yehudah, with a long graying Hubbardton, along with units from New beard, paunch and piercing eyes, speaks with Hampshire and Massachusetts, the Colonel made a public plea for his life, and then an intensity softened by ironic humor. Es- made a stand against a combined unit of was slain. ther’s little-girl voice—callers for Yehudah British and Hessian forces. During this en- People on the Palestinian side, the often ask her if her father is home—is delib- gagement the Massachusetts unit scattered, Israeli side and people of every reli- erately calm: The mother of seven sons, she and the New Hampshire unit surrendered, gious persuasion were hoping and pray- learned to keep steady through the chaos of leaving Colonel Warner and his men to stand ing that his life would be spared. But it daily life. alone. Though his unit was forced off the was not. Yehudah and Esther are both children of field, Colonel Warner was entirely successful How do parents face such a tragedy? Holocaust survivors; and that experience af- in the duties to which he was assigned. * * * fected them in very different ways. Yehudah In spite of his failing health, the Colonel car- The Jerusalem Report has a story grew up in Romania and moved to Israel at ried out his orders, led his men into battle, about Nahshon’s parents. Because it age 11. The war destroyed his father, who be- and was to have no rest as Burhoyne was on has both the international dimension, came closed and bitter. ‘‘I saw what anger the march. and lessons about how to face grief and could do to a person,’’ says Yehudah. ‘‘And I