12478 EXTENSIONS OF REMARKS May 23, 1996 EXTENSIONS OF REMARKS

CONSUMER AUTOMOBILE LEASING I. THE NATURE OF THE PROBLEM panies to-hide one of these key variables, as ACT OF 1996 Part of the problem comes f ram the com­ most now do, the attorneys general com­ plexity of lease transactions. As a special task mented, is to invite abuse. Not requiring dis­ force of the State attorneys general reported closure of a lease interest rate, they noted, is HON. JOHN J. LafALCE to the Federal Reserve Board in November, tantamount to the hiding of valuable informa­ OF NEW YORK most consumers are not yet familiar with lease tion from consumers. IN THE HOUSE OF REPRESENTATIVES transactions. The task force cited the way in In Canada, lease annual interest rates will Thursday, May 23, 1996 which the automobile industry has chosen to soon be a required disclosure item in all prov­ structure lease transactions, both the terms inces. A national working group of provincial Mr. LaFALCE. Mr. Speaker, I am today in­ used and their application in contracts and ad­ and Federal officials recently agreed that les­ troducing legislation to provide consumers with vertising, as making leases far more complex sors should be required to disclose a lease the information they need to make informed than the traditional sales situation. This com­ rate as an annual percentage rate. Last July, decisions about automobile leases. My bill, the plexity creates enormous opportunity for mis­ the National Conference of Commissioners on consumer Automobile Leasing Act of 1996 representation and abuse. Uniform State Laws released a study urging would update and strengthen current Federal uniform State consumer leasing laws and rec­ requirements for automobile lease disclosure Problems also stern from inadequacies in current laws and regulations governing lease ommending required disclosure of lease inter­ and advertising under chapter 5 of the Truth in est rates to allow comparison shopping by Lending Act. disclosure and advertising, particularly at the Federal level. The Consumer Leasing Act was consumers. This same requirement is needed Automobile leasing is a growing phenome­ enacted as chapter 5 of the Truth in Lending in Federal law. Without disclosure of a lease non that is supplanting traditional new car Act in 1976, long before Congress could have rate, according to the consumer Federation, sales and dominating automobile advertising. anticipated the current upsurge in automobile consumers have no way of computing the real It is the automobile industry's answer to the leases. Federal regulations governing lease cost of a lease. growing affordability gap between rising new disclosure and advertising have not been re­ All of these problems in automobile leasing car prices and stagnating family inc '1es. vised or updated in any significant way since are compounded by lease documents that A decade ago consumer leases r .,,.presented their issuance by the Federal Reserve Board hide critical disclosures among technical lease less than 5 percent of all new car transactions. in 1981. This creates serious problems even terms and that confuse consumers with legal Today, more than 30 percent of all new auto­ on technical grounds. The dollar amount of the jargon, imprecise terms and byzantine pay­ mobile transactions involve leases. By the leases covered by the act, for example, is in­ ment and penalty formulas. Key consumer in­ year 2000, some auto industry experts predict, adequate and will permit increasing numbers formation such as the price of the leased auto­ leases will constitute over half of all new car of auto leases to escape Federal regulation. mobile, is not clearly disclosed or is hidden in transactions and a significant portion of used Civil penalties under the act also are woefully broader cost amounts. Fees paid as part of care transactions. inadequate to deter violations by automobile the vehicle capitalized cost or the payment re­ This rapid growth in automobile leases has dealers and leasing companies when viewed quired at lease signing may not be identified and itemized. And major costs after the lease generated a concomitant increase in lease ad­ in comparison to potential profits. is signed, such as vehicle delivery charges vertising. The Center for consumer Affairs at The inadequacies of current law and regula­ and lease-end disposition fees, are obscured the University of Wisconsin reported last year tion present additional problems in practice. or hidden to such a degree that the Federal that its 6-year study of advertising in the Mil­ These laws and regulations off er no consistent Trade Commission says many consumers are waukee market showed that lease advertising standards governing clear and conspicuous unaware of their existence. had grown from a relatively infrequent occur­ disclosure for either lease contracts or adver­ But it is in the area of lease advertising that, rence to the most commonly advertised con­ tising. They permit disclosure far too late, usu­ in my view, the problems and abuses of cur­ sumer transaction in that market. Automobile ally at the time a lease is signed, and some­ rent automobile leasing are most evident. You leases now figure as prominently as, if not times even after a vehicle has been ordered more prominently than, traditional automobile only have to turn on the television or open the and the consumer has paid a deposit or other advertising sections of any local and regional sales transactions in advertising in the Wash­ fee. They off er no clear standards for nontradi­ newspaper to find advertisements that rou­ ington, DC market and in my congressional tional advertising, for example, in commercial tinely feature deceptively low monthly lease district in western New York. Leasing clearly mailings, toll-free telephone numbers or on the rates or other attractive aspects of a lease has become a reasonable alternative to buy­ Internet. They permit lease advertising to mix while obscuring or omitting required informa­ ing a new automobile not just for luxury car terms and costs of leases and installment tion about the costs and restrictions of the buyers, but also for middle-class families, for credit sales, which may easily confuse and lease; scroll consumer information quickly retirees on fixed incomes and even for college mislead consumers. And they permit so-called across the television screen or in mouse sized students. And lease advertising now seeks to come-on promotions that have little relevance type in print advertisements to make it difficult appeal to all these markets. to the terms actually offered to consumers or for consumers to see or read; highlight no or Automobile leases can be beneficial for con­ the vehicle models actually available. zero downpayrnent amounts without stating sumers, particularly in providing more man­ One of the most serious omissions of cur­ the substantial charges and fees a consumer ageable monthly automobile payments and rent regulations is the lack of any requirement may actually have to pay upon signing the lower maintenance costs. Unfortunately, it is to disclose the annual interest rate implicit in lease; and combine disclosure for numerous often very difficult for consumers to under­ lease transactions. The lease interest rate has vehicle models in confusing tiny print or mix stand the terms of auto leases and to know been described by State Attorneys General, the payment amounts, downpayrnents, interest whether they actually save money with a the Consumer Federal of America, the Amer­ rates, and other items for leases with those of lease. As the National Center for Study of Re­ ican Association of Retired Persons [AARP] credit installment transactions. sponsive Law commented to the Federal Re­ and other organizations as the critical factor in The Federal Trade Commission summarized serve board last year, current lease pro­ the lease equation. Together with the lease these problems earlier this year in detailed motions may deceive consumers into believing term, the capitalized cost of the automobile comments to the Federal Reserve Board: that they are getting a better deal with a lease and the vehicle residual value, it is one of the Many lease advertisements today may fall than a credit purchase, when this may not be four variables that determine the consumer's short of the "clear and conspicuous" stand­ true. monthly lease payment. To allow leasing corn- ard. Currently many television and some

e This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. May 23, 1996 EXTENSIONS OF REMARKS 12479 print advertisements boldly promote certain interest rate and other changes to enhance cles leased by the advertising dealer with op­ attractive lease terms and regulate the re­ lease disclosure and advertising advocated by tion packages most commonly requested by quired lease disclosure to fine print or a lo­ the Consumer Federation and other consumer consumers. And it would require that key fac­ cation that is both inconspicuous and barely tors used to calculate monthly lease pay­ visible. Some television advertisements use organizations. background music or flashing images that More specifically, my legislation would mod­ ments-the lease terms, vehicle residual further obscure the required disclosures. Tel­ ify and update the disclosure requirements in value, and excess mileage limits-be stand­ evision advertisements may also flash the current law to provide consumers with more ardized to reflect standard industry practices in disclosures on the screen for only two or visible, more complete, and more relevant in­ order to minimize their manipulation to three seconds or scroll so quickly that con­ formation in lease documents about the terms produce artificially low monthly payment sumers are unable to read this important in­ and costs of auto leases. It would create a amounts in lease advertisements. formation. special requirement for automobile leases, The proposal would standardize the infor­ These common practices make it extremely modeled on proposals recently implemented mation disclosed for comparable automobile difficult for consumers to understand the terms by the leasing subsidiary of Ford Motor Co., models and highlight actual differences in ve­ of advertised leases and virtually impossible that require the highlighted disclosure of key hicle capitalized costs, up front payments and for consumers to make knowledgeable com­ consumer costs and consumer notices or lease interest rates among advertised lease parisons between lease offerings. In their warnings at the beginning of the lease docu­ options. The bill acknowledges that this is only comments last year, the attorneys general ex­ ment. And it requires that consumers receive one approach to introducing uniform pricing pressed concern that automobile lease adver­ required disclosure before the lease signing in and disclosure to automobile leasing. It directs tisements have, for several years, generally situations where an automobile must be or­ the Federal Reserve Board to study additional failed to adequately disclose material informa­ dered and the consumer is required to pay a or alternative approaches for standardizing the tion consumers need to make informed deci­ deposit or incurs any other form of financial or terms and cost disclosures of auto leases and to propose appropriate initiatives that would sions. The Federal Trade Commission echoed legal obligation. this sentiment, stating that current misleading permit more direct comparison of the base However, it is in the area of lease advertis­ costs of competing lease transactions. advertisements may significantly hinder com­ ing that my legislation would make the most parison lease shopping, in direct contradiction Mr. Speaker, in all these provisions I have far-reaching changes. It clarifies the clear and tried to incorporate proposals that balance the of the purposes of the Consumer Leasing Act. conspicuous disclosure requirement in current Clearly, current lease advertising provides consumers right to know all relevant informa­ law by incorporating the more specific reason­ tion about the terms and costs of automobile no standardized format or uniform disclosures ably understandable standards used by the to permit consumers to make an intelligent leases with the need to minimize the burdens Federal Trade Commission in the 900 number of disclosure for automobile dealers and ad­ and informed choice between leasing and buy­ rule and in other industry advertising orders. It vertisers. I have also sought to incorporate the ing an automobile or even to make compari­ extends disclosure requirements to advertise­ best ideas of public agencies and consumer sons among comparable leases offered by dif­ ments on the Internet. It requires all lease ad­ organizations that have studied the problems ferent dealers. vertisements to disclose a lease rate com­ of consumer leasing, as well as the rec­ Given the confusion created by lease adver­ puted as an annual percentage rate. It re­ ommendations of the automobile leasing in­ tising and the complexity of the leases them­ quires that disclosures in foreign language ad­ dustry. I do not claim that the proposals in my selves, it is not surprising that reports of de­ vertisements be made in the language pri­ bill are the only solutions to the problems ad­ ceptive or abusing leasing practices are in­ marily used in the advertisement. And it would dressed, nor even necessarily the best ap­ creasing. The State attorneys general report a permit television advertisers to use the alter­ proaches. But I believe they will help us to dramatic increase in the number of consumer native toll-free telephone disclosure option in begin a necessary dialog on this important leasing complaints received by our offices. current law for radio advertisements and clar­ issue. Local consumer affairs agencies in areas as ify disclosure standards for toll-free telephone Ill. CONCLUSION diverse as San Jose, CA; Montgomery Coun­ advertising. My purpose in this bill is to encourage ty, MD; and Penellas County, FL, all have re­ The bill also addresses the more abusive broader understanding of the growing impor­ ported auto leasing as the area in which con­ advertising practices that are clearly intended tance of automobile leasing, of the increasing sumer complaints have increased most signifi­ to confuse or deceive consumers. It would problems in leasing practices and lease adver­ cantly in recent years. Public agencies and prohibit lease advertisers from claiming that no tising, and of the various solutions that are consumer organizations all point to the inad­ down payment is required when, in fact, sig­ being discussed by public officials in this equacy of information available to consumers, nificant fees and charges are required to be country and in Canada. And my intent is to as well as growing pressures on auto dealers paid at lease signing. It requires that trans­ encourage as comprehensive a debate as to maximize profits through leasing, as creat­ actions be clearly identified as a lease at least possible in Congress on the complex and ing an enormous potential for abuse of con­ as prominently as any featured lease term or timely consumer issues raised by automobile sumers and as emphasizing the need for in­ payment. It would prohibit the mixing of the leasing. creased consumer protection. terms of leases and installment credit trans­ My legislation also responds to changes in II. OVERVIEW OF THE LEGISLATION actions in the same advertisement. And it current auto leasing requirements that were in­ The legislation I am introducing today offers would prevent lessors from advertising lease corporated by the majority in last year's bank a comprehensive approach to the problems of terms that are offered only to select consum­ regulatory relief legislation. A broad manager's automobile lease disclosure both in lease doc­ ers or advertising lease terms for vehicle mod­ amendment put forward during full committee uments and in advertising. Indeed, the bill is els they do not have in sufficient quantities to consideration of this legislation struck some of the first legislation, that I am aware of, to pro­ meet reasonably anticipated consumer de­ the more positive initiatives proposed in earlier pose comprehensive revision of the Consumer mand. legislation by Mr. BEREUTER. The amendment Leasing Act since the act was passed 20 Finally, the bill introduces a new initiative for replaced these initiatives with provisions de­ years ago. print advertisements which would move auto signed to create a safe harbor for disclosures In general terms, the legislation amends the lease advertising toward a uniform pricing ap­ made by auto lessors and to limit significantly Consumer Leasing Act to implement many of proach that encourages comparison shopping the civil liability of automobile leasing compa­ the changes in lease disclosure and advertis­ by consumers. The proposal creates a special nies for false disclosures relating to numerous ing recommended last year by the attorneys lease box requirement for printed lease adver­ key disclosures for consumers, including de­ general task force. It incorporates technical tisements that simplifies the disclosures re­ scriptions of the property to be leased, addi­ changes requested by the Federal Reserve quired for lessors, makes disclosures more tional fees and charges, lease-end liabilities Board. It seeks to apply to all forms of lease visible and understandable to consumers and and purchase options. These changes were advertising recent Federal Trade Commission provides greater uniformity in terminology and proposed without congressional hearings and standards for clear and conspicuous disclo­ cost disclosures. It would make disclosed were approved without any oral or written sure, as well as the FTC's proposed equal costs more relevant to lease terms ottered to presentation or discussion. prominence standard for lease advertising. consumers by requiring that advertised costs The growing importance of automobile leas­ And it proposes required disclosure of a lease represent average costs of comparable vehi- ing requires that changes in lease disclosure 12480 EXTENSIONS OF REMARKS May 23, 1996 and advertising be given broad and careful mony commemorating the triumph of justice making," the "authenticity of which" could consideration by Congress and not become over barbarity. Justice Breyer stands as a not be, and was not "challenged." The pros­ just another hidden giveaway to special inter­ symbol of our country's fervent commitment to ecutors brought to Nuremberg 100,000 cap­ tured German documents; they examined ests. In adopting the original Consumer Leas­ the rule of law. His remarks commemorating millions of feet of captured moving picture ing Act 20 years ago, Congress recognized the 50th anniversary of the Nuremberg Trials film; they produced 25,000 captured still pho­ that applying any lesser standard than full and will endure as a tribute to those who cham­ tographs, "together with Hitler's personal complete disclosure to automobile leasing is pioned the forces of justice, compassion and photographer who took most of them." The an invitation to abuse and deception. The equality in an environment where those same prosecutors decided not to ask any defendant same considerations should govern what we qualities were callously disregarded. I ask by to testify against another defendant, lest do today. colleagues to join me congratulating Justice anyone believe that one defendant's hope for leniency led him to exaggerate another's The legislation I am introducing simply re­ Breyer on his excellent speech; may its won­ crimes. But they permitted each defendant quires that consumers be given full information derful and inspirational message find its way to call witnesses, to testify in his own be­ about lease transactions in a manner which is into the hearts and minds of individuals half, to make an additional statement not understandable and which allows them to around the world. under oath, and to present documentary evi­ make intelligent purchasing decisions. The ex­ CRIMES AGAINST HUMANITY, NUREMBERG, 1946 dence. The very point was to say to these de­ periences of the State attorneys general, local (By Stephen Breyer, Associate Supreme fendants: What have you to say when faced Court Justice) with our case-a case that you, not we, have consumer affairs offices and consumer organi­ made, resting on your own words and con­ zations suggest that current relations and the The law of the United States sets aside fessed deeds? What is your response? The an­ methods used by lessors to comply with them, today, Yorn Hashoah, as a Day of Remem­ swer, after more than 10 months and 17,000 to quote the attorneys general statement, brance-of the Holocaust. On Yorn Hashoah transcript pages, was, in respect to nineteen often make it impossible for consumers to 1996, we recall that fifty years ago another of the defendants, that there was no answer. make such decisions. member of the Court on which I sit, Justice There was no response. There was nothing to Robert Jackson, joined representatives of say. As a result, the evidence is there, in I urge the Congress to initiate broad hear­ other nations, as a prosecutor, at Nurem­ Jackson's words, "with such authenticity ings designed to incorporate all points of view berg. That city, Jackson said, though chosen and in such detail that there can be no re­ on issues related to automobile leasing, and I for the trial because of its comparatively sponsible denial of these crimes in the future urge my colleagues to give careful consider­ will-functioned physical facilities, was then and no tradition of martyrdom of the Nazi ation to the changes and initiatives proposed "in terrible shape, there being no telephone leaders can arise among informed people." in this legislation. communications, the streets full of rubble, Future generations need only open their eyes with some twenty thousand dead bodies re­ and read. ported to be still in it and the smell of death Second, as a judge, Robert Jackson under­ hovering over it, no public transportation of JUSTICE STEPHEN BREYER'S stood the value of precedent-what Cardozo any kind, no shops, no commerce, no lights, called "the power of the beaten path." He ADDRESS FOR THE 1995 DAYS OF the water system in bad shape." The court­ hoped to create a precedent that, he said, REMEMBRANCE CEREMONY house had been "damaged." Its courtroom would make "explicit and unambiguous" was "not large." Over one door was "an hour what previously had been "implicit" in the glass." Over another was "a large plaque of law, "that to persecute, oppress, or do vio­ HON. TOM IANTOS the Ten Commandments"-a sole survivor. lence to individuals or minorities on politi­ OF CALIFORNIA In the dock 21 leaders of Hitler's Thousand cal, racial, or religious grounds . . . is an IN THE HOUSE OF REPRESENTATIVES Year Reich faced prosecution. international crime ... for the commission Justice Jackson described the Nuremberg [of which] ... individuals are responsible" Thursday, May 23, 1996 Trial as "the most important trial that and can be punished. He hoped to forge from Mr. LANTOS. Mr. Speaker, on April 16, could be imagined." He described his own the victorious nations' several different legal work there as the most important "experi­ systems a single workable system that, in Members of Congress, members of the diplo­ ence of my life," "infinitely more important this instance, would serve as the voice of matic corps and hundreds of survivors of the than my work on the Supreme Court, or ... human decency. He hoped to create a "model Holocaust and their friends gathered here in anything that I did as Attorney General." of forensic fairness" that even a defeated na­ the Capitol Rotunda for the Days of Remem­ This afternoon, speaking to you as an Amer­ tion would perceive as fair. brance ceremony. The U.S. Holocaust Memo­ ican Jew, a judge, a Member of the Supreme Did he succeed? At the least, three-quar­ rial Council was established by Congress to Court, I should like briefly to explain why I ters of the German nation at the time said preserve the memory of the horrors of the Hol­ think that he was right. they found the trial "fair" and "just." More ocaust. I commend the Council and the mem­ First, as a lawyer, Robert Jackson under­ importantly, there is cause for optimism bers of the Days of Remembrance Committee, stood the importance of collecting evidence. about the larger objectives. Consider how Collecting evidence? one might respond. concern for the protection of basic human chaired by my good friend Benjamin Meed, for What need to collect evidence in a city liberties grew dramatically in the United their vigilant and genuine adherence to their where, only twenty years before, the law States, in Europe, and then further abroad, extraordinarily important task. itself, in the form of Nuremberg Decrees, had in the half century after World War II. Con­ One of the first acts of the committee was segregated Jews into Ghettos, placed them sider the development of what is now a near to establish the Days of Remembrance cere­ in forced labor, expelled them from their consensus that legal institutions-written mony to mirror similar ceremonies held in professions, expropriated their property, and constitutions, bills of rights, fair procedures, forbid them all cultural life, press, theater, an independent judiciary-should play a role, Israel and throughout our Nation and the and schools. What need to collect evidence sometimes an important role, in the protec­ World. This year, the Days of Remembrance with the death camps that followed them­ tion of human liberty. Consider that, today, ceremony centered on the 50th anniversary of selves opened to a world, which finally might a half century after Nuremberg (and history the Nuremberg trials. The ceremony was a re­ see. "Evidence," one might then have ex­ does not count fifty years as long), nations minder of the difficult process of first coping claimed. "Just open your eyes and look feel that they cannot simply ignore the most and their healing that all survivors and process around you." barbarous acts of other nations; nor, for that of first coping and then healing that all sur­ But the Torah tells us, There grew up a matter, as recent events show, can those who vivors and their families and loved ones had to generation that "knew not Joseph." That is commit those acts ignore the ever more real possibility that they will be held account­ endure. the danger. And Jackson was determined to compile a record that would not leave that, able and brought to justice under law. We At this ceremony I was touched by the es­ or any other future generation with the are drawn to follow a path once beaten. pecially poignant words of Associate Justice slightest doubt. "We must establish incred­ Third, as a human being, Jackson believed Stephen Breyer. Throughout his life he has ible events by credible evidence," he said. that the Nuremberg trials represented a committed himself to the guidance of edu­ And, he realized that, for this purpose, the human effort to fulfill a basic human aspira­ cation and the principal of justice. These were prosecution's 33 live witnesses were of sec­ tion-"humanity's aspiration to do justice." the principles that he chose to speak of, so ondary importance. Rather, the prosecutors He enunciated this effort in his opening built what Jackson called "a drab case," statement to the Tribunal. He began: "The eloquently, during the ceremony. which did not "appeal to the press" or the wrongs which we seek to condemn and pun­ Therefore, it was befitting that a leader from public, but it was an irrefutable case. It was ish have been so calculated, so malignant the highest court of our land address the cere- built of documents of the defendants "own and so devastating, that civilization cannot May 23, 1996 EXTENSIONS OF REMARKS 12481 tolerate being ignored because it cannot sur­ attention of my colleagues an important event for clothes. I was particularly impressed that vive their being repeated. That four nations being held in Edgerton, Ohio, June 19-22. this $1 million expansion was funded entirely flushed with victory and stung with injury, The Village of Edgerton will be celebrating the by privat~ sources. stay the hand of vengeance and voluntarily submit their captive enemies to the judg­ 75th Diamond Anniversary of the community's MEND has come a long way since its open­ ment of the law is one of the most signifi­ homecoming. This annual summer festival is a ing in 1971, when Catholic and Protestant cant tributes that Power ever has paid to time for friends and neighbors to get together church members worked out of their own ga­ Reason." and honor their community spirit. rages distributing donated food and clothing to To understand the significance of this A true railroad city, Edgerton was surveyed poor people in the northeast San Fernando statement, it is important to understand in 1854 where the proposed Michigan South­ valley. what it is not. Nuremberg does not purport ern and Northern Indiana Railroad crossed the to be humanity's answer to the cataclysmic I ask my colleagues to join me today in sa­ events the opening statement goes on to de­ St. Joseph River. Named after former news­ luting MEND, an organization that has done scribe. A visit to the Holocaust Museum (or, paper editor, Ohio State Senator and U.S. so much for so many over the past 25 years. for some, to the corridors of memory) makes Congressman Alfred P. Edgerton, the city Its dedication to the community and desire to clear that not even Jackson's fine sentences, grew quickly. By the end of the Civil War there help is a shining example for us all. eloquent though they are, can compensate were two general stores, three saloons, a gro­ for the events that provoked them. But, that cery, hotel, produce dealer, harness shop, is only because, against the background of house painter, four carpenters, two black­ what did occur, almost any human state­ smiths, and a wagon maker. Through the ment would ring hollow. A museum visit IN HONOR OF JOSE JOSE: A DIS­ leads many, including myself, to react, not years, the occupations have changed but the TINGUISHED MUSICIAN AND IN­ with words, but with silence. We think: sense of pride in community has remained. DIVIDUAL There are no words. There is no compensat­ This pride is manifested every summer ing deed. There can be no vengeance. Nor is through the village's homecoming. Throughout any happy ending possible. We emerge deeply its history, Edgerton has been blessed by their HON. ROBERT MENENDFZ depressed about the potential for evil that enthusiasm and volunteer labor for its many human beings possess. OF NEW JERSEY projects. Anniversaries are a time to reflect It is at this point, perhaps, that Nuremberg IN THE HOUSE OF REPRESENTATIVES upon a steadfast tradition of service, they are can help, for it reminds us that the Holo­ Thursday, May 23, 1996 caust story is not the whole story; it reminds also a time to look toward new horizons. The us of those human aspirations that remain a residents of Edgerton have made it their re­ Mr. MENENDEZ. Mr. Speaker, I rise today cause for optimism. It reminds us that after sponsibility to serve those in need by keeping to pay special tribute to Jose Jose, a remark­ barbarism came a call for reasoned justice. pace with the ever increasing challenges fac­ able individual who has distinguished himself To end the Holocaust story with a fair ing mankind. This summer's celebration hon­ by his enormous contribution to Latino music trial, an emblem of that justice, is to remind ors that heritage. the listener of what Aeschylus wrote twenty­ and the Hispanic community. He will be hon­ five hundred years ago, in his "Eurnenides"­ I ask my colleagues to join me today in rec­ ored during a performance at Radio City where Justice overcoming the avenging fu­ ognizing Edgerton's Diamond Anniversary Music Hall on May 24, 1996. ries, humanity's barbaric selves, promises Homecoming and encouraging the residents to Born in Mexico as Jose Romulo Sosa Ortiz, Athens that her seat, the seat of Justice, continue to set the standard for community in­ Jose Jose was destined to become a re­ "shall be a wall, a bulwark of salvation, wide volvement in Ohio. as your land, as your imperial state; none nowned international celebrity. The son of a mightier in the habitable world." It is to tenor for the Mexican National Opera Com­ repear the Book of Deuteronomy's injunc­ TRIBUTE TO MEND pany, Jose Esquival, and a concert pianist, tion to the Jewish People: " Justice, justice Margarita Ortiz, Jose Jose's talent and interest shall you pursue." in music were influenced by the success of his And if I emphasize the role of Nuremberg HON. HOWARD L BERMAN parents. in a story of the Holocaust, that is not sim­ OF CALIFORNIA During the 1950's, Jose Jose's talent began ply because Justice Jackson himself hoped IN THE HOUSE OF REPRESENTATIVES that the trial " would commend itself to pos­ to emerge. He joined the school choir and terity." Rather, it is because our role-the Thursday, May 23 , 1996 began performing at local festivals, and impor­ role of almost all of us-today in relation to tant social and sporting events. Upon learning the Holocaust is not simply to learn from it, Mr. BERMAN. Mr. Speaker, I am honored to to play the guitar in the early 1960's, he but also to tell and to retell it, ourselves, to pay tribute to Meeting Each Need With Dignity formed a trio along with his cousin and a close our children and to future generations. [MEND], which this year celebrates its 25th friend. Jose Jose's first record received little Those who were lost said, " Remember us." anniversary of service to the northeast San recognition but he persevered on in his musi­ To do that, to remember and to repeat the Fernando valley. With its efforts to provide cal career. He began performing at prominent story is to preserve the past, it is to learn comprehensive health, educational and em­ from the past, it is to instruct and to warn nightclubs like the Tropicana, EL Farolito and ployment services, MEND has played an in­ Peria Negra, and was soon offered a record the future. It is to help that future, by lead­ valuable role in the community. Today it ing them to understand the very worst of deal with RCA Records. Soon after, in 1969, which human nature is capable. But, it is serves as many as 13,000 people per month. Jose Jose struck it big throughout the His­ also to tell that small part of the story that That total is indicative of MEND's growth panic community with his first hit song, "La will also remind them of one human virtue-­ and success in a quarter-century of operation. Nave Del Olvido." Following the overwhelming humanity's "aspiration to do justice." It is As recently as 1987. MEND had a client base success of this single, his career reached to help us say, with the Psalmist, "Right­ of 2,000 people per month. With the increase heights beyond his dreams. eousness and Justice are the foundations of in population in the area over the past decade, Your Throne." The sudden success catapulted the singer plus cuts in government funding, MEND has to international stardom. Throughout the 70's been forced to respond to a situation that ap­ and BO's, he toured major cities in the United TRIBUTE TO THE DIAMOND JUBI- proached crisis proportions. States, Puerto Rico, Guatemala, Costa Rica, LEE OF THE VILLAGE OF In addition to providing general services, the Brazil and Argentina, and made numerous tel­ EDGERTON'S HOMECOMING agency otters food, clothing and English-lan­ evision appearances performing such re­ guage classes. I cannot imagine what life nowned hits as "La Nave Del Olvido," E. would be like for the poor, sick, elderly, and "Secretes," "Lagrimas," "40 y 20," "Gavilan 0 HON. PAUL GlllMOR aspiring citizens in the northeast valley without OF omo Paloma," and "El Triste." Today Jose Jose the presence of MEND. IN THE HOUSE OF REPRESENTATIVES serves as an example of self-determination Last year MEND expanded its facilities, add­ and hard work. His voice has touched the Thursday, May 23, 1996 ing a waiting room, classroom, computer lab, lives of so many and will continue to echo Mr. GILLMOR. Mr. Speaker, it gives me separate medical and dental treatment rooms, throughout the international community for great pleasure to rise today and bring to the a pharmacy, food warehouse and sorting room many years to come. 12482 EXTENSIONS OF REMARKS May 23, 1996 It is an honor to have such an outstanding that for every act of destruction, of seeding The contributions of these men and women entertainer visit the 13th District and to per­ hatred, someone, somewhere is working self­ are a shining example of public service. They form at Radio City Music Hall. I ask my col­ lessly on construction, on restoring ethnic har­ are truly _people who promote and act on the leagues to join me in honoring Jose Jose, an mony and tolerance. I hope the United States values of our community and have a genuine entertainer for the ages. will remain allied to such people and give their concern for the people they serve. Their work efforts all reasonable support. on the Macomb Bike/Hike Path is an excellent example of what can be accomplished when THE NOVALIC FOUNDATION OF government, citizens and private industry work CROATIA MACOMB COUNTY BIKE PATH: together. SHOWING THE POWER OF PART­ NERSHIPS HON. TOM I.ANTOS SALUTE TO REV. DR. REPSIE M. OF CALIFORNIA WARREN OF PHILADELPHIA IN THE HOUSE OF REPRESENTATIVES HON. DAVID E. BONIOR Thursday, May 23, 1996 OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES HON. 1HOMAS M. FOGUETTA Mr. LANTOS. Mr. Speaker, this Chamber Thursday, May 23, 1996 OF PENNSYLVANIA has heard many statements on the horrors that the recent wars on the territory of the Mr. BONIOR. Mr. Speaker, at a time when IN THE HOUSE OF REPRESENTATIVES former Yugoslavia visited on the peoples of people all across America are looking for new Thursday, May 23, 1996 ways to work together for the betterment of that region. While no side remained blameless Mr. FOGLIETTA. Mr. Speaker, I rise today in these conflicts, in fact, all sides committed our communities, I want to call the attention of my colleagues to a project in my Congres­ to pay special tribute to Rev. Dr. Repsie M. unspeakable crimes, it was certainly the Serb Warren, founder and pastor of the Society for aggressors who showed the world degrees of sional District that is a shining example of the power of partnerships. Helping Church to congratulate her on her inhumane cruelty, of barbarism that some of many years of service to the Philadelphia A few years ago, I and others in our area us had hoped would never be used again as community. tools to settle questions of territory or domi­ worked together to establish the Macomb nance. Bike/Hike Path. The idea behind the bike path Reverend Warren, educated at Elizabeth City State University, Philadelphia Antioch Uni­ I was one of the Members here who made was a simple one-to give people in Clinton Township a recreational resource to use and versity, Philadelphia Lutheran Theological many of the statements I just ref erred to as I Seminary, and New York Theological Semi­ followed these events closely and felt very enjoy. The establishment of the bike path was a community effort, one which brought to­ nary, began her tenure with the Society for strongly about them. Nonetheless, just the Helping Church over 20 years ago. Rev. War­ other day I was reminded again quite power­ gether the Federal Government, county gov­ ernment, and our neighbors to work together ren established the Society for Helping Church fully of the excesses of perverse cruelty in in 1976, and the Society for Helping, Inc., a these wars. I was presented with a photo for a common goal. Social Service Agency for the deaf and hear­ album of some of the churches of Eastern Simply put, the Macomb Bike Path has been a tremendous success. It is heavily used ing impaired, in 1977, where she serves as Croatia, the region that is still under Serb oc­ executive director. Reverend Warran has dedi­ cupation. These pictures reminded me that by joggers, dog walkers, and many others who value it as an important recreational resource. cated her life to improving the plight of the this was not just a political and ethnic war, but people within the Philadelphia community. it was also a war against culture and religion. And while many people use the bike path, The Serb invaders purposefully targeted the until last year it was just that-an asphalt path Reverend Warren is also an outstanding ed­ churches of the Croat and Hungarian ethnic running through a sparse tract of land. ucator. Since her retirement from teaching in communities in that region, shelling them with Last year, however, Detroit Edison, as part the Philadelphia Public School System, she ferocity and great precision. About 67 church­ of their ongoing efforts to improve our environ­ has become an activist concerned about qual­ es lie partly or fully in ruin in or around the still ment, agreed to contract with Cal Fleming ity education. Reverend Warren has played a occupied territories. Landscaping and Metropolitan Forestry Con­ vital role in many programs in the Philadelphia community as the vice chair of the Black Cler­ Not all news coming from that region is bad, sultants to plant 114 trees along an empty gy of Philadelphia & Vicinity, Inc. and vice however. These photos of the destroyed stretch of the Macomb Bike Path. These trees, president of the Southeastern Region of One churches were presented to me in my office which are valued at $20,000, include some of Church One Child. Reverend Warren has by a remarkable individual, Mr. Antun Novalic, the most beautiful kind imaginable, including been active in religious and community a businessman from the town of Osijek, Cro­ green ash, red oak, red and amur maples, and projects, holding memberships in various orga­ atia, right across a river from the occupied ter­ flowering crabapple trees. nizations for community enrichment. ritories. In this area where the wounds of eth­ This donation has gone a long way toward nic hatred are still festering, Mr. Novalic has enriching and beautifying the bike path for our I hope my colleagues will join me today in established a foundation with his own money, community and its residents. On one of my re­ congratulating Rev. Dr. Repsie M. Warren for dedicated to rebuilding those churches regard­ cent trips back home to Michigan, I walked the her many years of service with Society for less of the creed or ethnicity of the congrega­ newly-renovated path and marveled at the Helping Church and the Philadelphia commu­ tions. His plans also include the restoration of beauty of the newly blooming trees. nity. I wish the Reverend Warren and the So­ the old Jewish cemetery in the village of Also helping out in our efforts to improve the ciety for Helping Church the very best as they Vorosmart, an ancient Hungarian settlement in path and care for these trees is the Macomb continue their service to the Philadelphia com­ Croatia going back over a millennium. The County Road Commission, the Boy Scouts of munity. cemetery suffered no war damage, but it suf­ America Troop #157, the Bearing Burners fered vandalism during the invasion and is Auto Club, the Lake Pointe Nursing Center, INTRODUCTION OF ADMINISTRA­ generally in a neglected state. the Tree People Community Group, and the TION'S RETIREMENT PROTEC­ Mr. Novalic was not asking for money in this Inter-County Drainage Board. TION ACT country, as he told me he wanted to establish Mr. Speaker, many people worked together a record of accomplishment using his own to make this project a reality, but I want to funds before he would ask for others to con­ give special recognition to several people from HON. SAM GIBBONS tribute. He was here to seek moral support Detroit Edison and their contractors: Peggy A. OF FLORIDA and to inform Americans who care about the Sorvala, John A. Cretti, Ronald L. Mcintyre, IN THE HOUSE OF REPRESENTATIVES fate of that region of the objectives of the Roberta C. Urbani, Paul Stricher, Cal Fleming Thursday, May 23, 1996 Novalic Foundation. Landscaping and David Breedlove. Mr. Speaker, I commend Mr. Novalic for his I also would like to recognize Detroit Edison Mr. GIBBONS. Mr. Speaker, this bill we are noble idea and wish every success for his Chairman John Lobbia for his leadership in introducing today is a good bill. It contains foundation. I wanted my colleagues to know making projects like this one a reality. many provisions that will accomplish positive May 23, 1996 EXTENSIONS OF REMARKS 12483 results in our retirement system. It will in­ TRIBUTE TO ALBERTUS MAGNUS president of Toastmasters International in crease the number of families and individuals COLLEGE ON ITS 70TH ANNIVER- 1995 and has been a Toastmaster for over 18 who can contribute to their retirement savings SARY years. -· through an IRA by approximately 20 million. In Dr. Edwards and his family currently live in addition, it will make retirement benefits avail­ west Des Moines, IA and I am pleased to able to approximately 10 million small busi­ HON. ROSA L DeLAURO have such an accomplished public speaker in nesses and their employees. OF CONNECTICUT my district. IN THE HOUSE OF REPRESENTATIVES There has been growing concern about the Thursday, May 23, 1996 adequacy of the pool of retirement savings THE DATABASE INVESTMENT AND available for our aging baby-boom generation. Ms. DELAURO. Mr. Speaker: It is with great INTELLECTUAL PROPERTY Some studies have indicated that the mem­ pleasure that I rise today to salute Albertus ANTIPIRACY ACT OF 1996 bers of this group are saving at only one-third Magnus College on its 70th Anniversary. the rate they will need to retire at a standard Albertus Magnus was founded in 1925 by of living which is similar to their current stand­ the Dominican Sisters of St. Mary of the HON.CARLOSJ.MOORHEAD ard. This legislation certainly will expand the Springs, Columbus, Ohio. It was the first OF CALIFORNIA opportunity for these workers to increase their Catholic residential liberal arts college for IN THE HOUSE OF REPRESENTATIVES retirement savings. Also, younger workers women in New England. Thursday, May 23, 1996 could begin saving for retirement at an earlier The College has established a tradition of Mr. MOORHEAD. Mr. Speaker, I rise to in­ age under the optional waiver of the initial setting precedents in educational innovation. troduce the Database Investment and Intellec­ waiting period for qualification to participate in The New Dimensions Program was estab­ tual Property Antipiracy Act of 1996, a bill to their employer's plan. lished in 1994 and enables students to work encourage continued investment in the pro­ and maintain family commitments while obtain­ In addition, the simplified 401 (k) plan small duction and distribution of valuable new data­ ing a degree in business administration in only bases. businesses would be able to offer to their em­ two years. The Tri-Session Plan was imple­ ployees under this bill would allow many part­ Electronic databases, and other compila­ mented in 1993 and allows students to com­ tions of factual material, are absolutely indis­ time workers to set aside retirement funds. plete their degree program in three years by Under this provision, any worker who makes pensable to the American economy on the attending three sessions per academic year verge of the new century. These information at least $5,000 for 2 consecutive years would instead of two. Although the program is in­ be eligible. This would include many women products put a wealth of data at the fingertips tense and academically rigorous, students are of business people, professionals, scientists, who are in the work force on a part-time basis able to save valuable time and money. The because of family responsibilities. Also, a scholars, and consumers, and enable them to program has been cited by leading educators retrieve from this haystack of information the great number of workers maintain part-time as model to control the ever-rising cost of a specific factual needle that they need to solve hours at some point in their careers for dif­ college education. These are only two exam­ a particular economic, research, or edu­ ferent reasons. This bill would allow them to ples of the College's mission to make a liberal cational problem. Whether they focus on finan­ continue to save for retirement. This is a major arts education both intellectually challenging cial, scientific, legal, medical, bibliographic, step in the right direction. I applaud this effort. and accessible. news, or other information, databases are an Last year, the Republicans included a provi­ Throughout all the changes and reforms, essential tool for improving productivity, ad­ sion in their Balanced Budget Act which would Albertus Magnus has remained steadfast in its vancing education and training, and creating a have allowed employers to raid the retirement commitment to the pursuit of knowledge and more informed citizenry. They are also the funds of their employees. President Clinton the liberal arts. Albertus Magnus is dedicated linchpin of a dynamic commercial information to guiding undergraduates on their academic specifically mentioned that provision, among industry in the United States. and intellectual journey. The College strives to others, including Medicare and welfare, as a Developing, compiling, distributing, and provide students with the tools to build their reason for vetoing the bill. This bill contains maintaining commercially significant databases own paradigm for understanding and interpret­ provisions that are designed to deter employ­ requires substantial investments of time, per­ ing the world. Students are taught to engage sonnel, and money. Information companies ers from engaging in such behavior. This em­ in the analytical process as they try to under­ phasizes our strong commitment to protect must dedicate massive resources to gathering stand and then question traditional schools of and verifying factual material, presenting it in and preserve the pensions of hard-working in­ thought. Graduates of Albertus Magnus leave dividuals. a user-friendly way, and keeping it current and with the knowledge that life is a journey and useful to customers. U.S. firms have been the Another good feature of this bill is the provi­ that they must never cease to question and world leaders in this field. The have brought to sion that would ensure that workers of compa­ explore what they believe to be true. market a wide range of valuable databases nies which go out of business or workers who I am pleased to wish Albertus Magnus con­ that meet the information needs of busi­ left an employer many years earlier would be gratulations on the 70th Anniversary. I am nesses, professionals, researchers, and con­ able to collect their retirement benefits from confident that under the strong leadership of sumers worldwide. But several recent legal these employers through the Pension Benefit President Julia McNamara the College will and technological developments threaten to Corporation [PBGC]. PBGC will act as a dear­ move into the 21st century at the forefront of cast a pall over this progress, by eroding the inghouse for the terminated plans of these education. incentives for the continued investment need­ employers. This will help many of our workers ed to maintain and build upon the U.S. lead in who otherwise may have no other way of col­ TRIBUTE TO DR. IAN EDWARDS world markets for electronic information re­ lecting these funds. This provision will have a sources. very positive impact on many workers at a Here in the United States, the 1991 Su­ time when they need it most. I strongly sui:r HON. GREG GANSKE preme Court decision in Fiest Publications v. port this effort. OF IOWA Rural Telephone Service Co. marked a tough­ I have always supported portability in our IN THE HOUSE OF REPRESENTATIVES er attitude toward claims of copyright in data­ pension system. I am very pleased to see that Thursday, May 23, 1996 bases. While reaffirming that most-although not all-commercially significant databases the administration will be taking additional Mr. GANSKE. Mr. Speaker, I would like to steps to improve the ability of an employee to satisfy the "originality" requirement for protec­ bring your attention to the recent travels of Dr. tion under copyright, the Court emphasized take his or her retirement account to a subse­ Ian Edwards, president of Toastmasters Inter­ quent employer. I welcome this effort. that this protection is "necessarily thin." Sev­ national. eral subsequent lower court decisions have In conclusion, I reiterate my support for this Dr. Edwards' trip in early May was the first underscored that copyright cannot stop a com­ bill, and I look forward to working toward mak­ ever presidential visit to the Toastmasters Na­ petitor from lifting massive amounts of factual ing its goals become reality. tional Capitol District 27. He was elected material from a copyrighted database to use 12484 EXTENSIONS OF REMARKS May 23, 1996 as the basis for its own competing product. tions for databases afforded by copyright and estine. After World War II, she became in­ Database producers are concerned that some contract rights. It is intended to supplement volved in the movement to lift immigration limi­ of these cases may also cast doubt on the these legal rights, not replace them. tations in Palestine, and the establishment of ability of a database proprietor to use contrac­ The Database Investment and Intellectual Israel as--an independent nation. tual provisions to protect against unfair com­ Property Antipiracy Act is a balanced pro­ Following the death of Rabbi Nussbaum in petition from such "free riders." posal. It is aimed at actual or threatened com­ 1974, Ruth increased her activities on behalf In Europe, a 6-year legislative process cul­ petitive injury from misappropriation of data­ of Israel. She served for many years as Zion­ minated earlier this year in the issuance of a bases or their contents, not at non-competitive ist affairs and program chair for the Los Ange­ European Union Directive on Legal Protection uses. The bill contains specific exemptions for les Chapter of Hadassah, and was chair of of Databases. Among other things, the Direc­ use of insubstantial portions of databases for Israel Bonds' Women's Division and Advisory tive creates a new, non-copyright form of legal any purpose. The bill specifically allows Council. In 1977 she was a founding member protection for databases, to supplement copy­ innovators to create their own databases inde­ of the Association of Reform Zionists of Amer­ right. But it denies this new protection to U.S.­ pendently, as a result of their own work and ica [ARZA], the Zionist affiliate of the Union of originated databases unless the United States investment, as opposed to "free riding" on the American Hebrew Congregations. is found to offer "comparable" protection to work and investment of others. Our goal is to Ruth has visited Israel at least 20 times, at­ European databases. When fully implemented stimulate the creation of even more data­ tending missions, serving as a delegate to the in 1998, the European Directive could place bases, and to encourage even more competi­ World Zionist Congress and visiting her nieces U.S. firms at an enormous competitive dis­ tion among them. The bill avoids conferring and nephews. In this way she combines love advantage throughout the entire European any monopoly on facts, or taking any other for her family with love for her people. market. steps that might be inconsistent with these I ask my colleagues to join me today in hon­ At the World Intellectual Property Organiza­ goals. oring Ruth Nussbaum, a woman whose self­ tion, a growing international consensus sup­ Some sections of this bill are modeled lessness and dedication is a shining example ports development of a new international trea­ closely on the non-copyright provisions of H.R. for us all. I am proud to be her friend. ty on noncopyright protection for databases, 2441, the NII Copyright Protection Act of with the possibility of action as early as De­ 1995, as introduced last fall. As these provi­ cember 1996. Indeed, this week in Geneva, sions in the NII legislation are refined and im­ THE HONORABLE SID YATES AT U.S. negotiators are putting forward a draft for proved in the legislative process, I anticipate THE DAYS OF REMEMBRANCE such an international instrument. that conforming changes would be made to CEREMONY In cyberspace, technological developments the corresponding provisions of the Database represent a threat as well as an opportunity Investment and Intellectual Property Antipiracy for databases, just as for other kinds of works. Act as well. HON. TOM I.ANTOS OF CALIFORNIA Copying factual material from a database, and This legislation provides the starting point rearranging it to form a competing information for legislative activity on an important and rn THE HOUSE OF REPRESENTATIVES product-just the kind of behavior that copy­ complex subject. I look forward to hearing the Thursday, May 23, 1996 right protection may not effectively prevent-is suggestions and reactions for interested par­ Mr. LANTOS. Mr. Speaker, on April 16, cheaper and easier than ever, through digital ties, and of my colleagues, in the near future, technology that is now in widespread use. Members of Congress, members of the Diplo­ and to working with the Administration to matic Corps and hundreds of survivors of the When all these factors are added together, strengthen protections for U.S. databases both Holocaust and their friends gathered here in the bottom line is clear: it is time to consider at home and around the world. the Capitol Rotunda for the National Days of new federal legislation to protect database de­ Remembrance commemoration. The United velopers against piracy and unfair competition, States Holocaust Memorial Council was estab­ and thus encourage continued investment in TRIBUTE TO RUTH NUSSBAUM lished by Congress to preserve the memory of the production and distribution of valuable the victims of the Holocaust. I commend the commercial databases. Such legislation could Council and the members of the Days of Re­ improve the market climate for databases in HON. HOWARD L BERMAN membrance Committee, chaired by my good the United States; ensure protection for U.S. OF CALIFORNIA friend Benjamin Meed, for their vigilant and databases abroad on an equitable basis; place rn THE HOUSE OF REPRESENTATIVES genuine adherence to their extraordinarily im­ the United States on the leading edge of an Thursday, May 23, 1996 portant task. emerging international consensus; and provide a balanced and measured response to the Mr. BERMAN. Mr. Speaker, I am honored One of the first acts of the Council was to new challenges of cyberspace. The bill I intro­ today to pay tribute to my good friend Ruth establish the annual Days of Remembrance duce today aims to advance these goals. Nussbaum, who was a fervent supporter of commemoration to mirror similar observances Israel even before the founding of the country While copyright, on the Federal level, and held in Israel and throughout our nation and in 1948. She has worked tirelessly and dedi­ the State contract law underlying licensing elsewhere in the world. This year, the com­ cated much of her lite to Israel and the Jewish agreements, remain essential tools for protect­ memoration centered on the 50th anniversary people. Ruth is a dear friend of my uncle, ing the enormous investment in databases of the Nuremberg trials. The observance was Jack Shapiro and I have often heard him from the threat of unfair competition, there are a reminder of the difficult process of first cop­ speak of her with great affection and respect. gaps in the protection that can best be filled ing and then healing that all survivors and Jack and his late wife, my aunt Dora had tre­ by a new Federal statute. The Database In­ their families and loved ones had to endure. mendous admiration for the work done by vestment and Intellectual Property Antipiracy Our senior colleague, SID YATES, who him­ Ruth and her late husband, Rabbi Max Nuss­ Act would prohibit the misappropriation of val­ self served with distinction in the Navy in baum. uable commercial databases by unscrupulous World War II, delivered a very poignant competitors who grab data collected by others, Born in Berlin, Ruth and her family emi­ speech at the ceremony. I was so moved by repackage it, and market a product that threat­ grated to the United States from Germany in his powerful speech that I invite my colleagues ens competitive injury to the original database. 1940, as Hitler's plans for the Jews became to take a moment to read his remarks. This new Federal protection is modeled in part clear. They settled first in Oklahoma, where THE DAYS OF REMEMBRANCE CANDLE LIGHTING on the Lanham Act, which already makes Max was rabbi at Temple Beth Ahava, and CEREMONY similar kinds of unfair competition a civil wrong then moved to Los Angeles in September (By Sidney R. Yates) 1942. Soon after arriving in Los Angeles Max under Federal law. It also draws on some of "The first to perish were the children," the positive elements of the European direc­ became rabbi at Temple Israel of Hollywood, said poet Yitzshak Katzenelson, himself a tive, and is intended to be fully consistent with and Ruth settled into a lifetime of activism. victim of the Nazis, and a witness to their the draft international treaty language being From her first year in America, she enlisted destruction. put forward by our negotiators in Geneva. Im­ in efforts to save European Jews from the French author, Francois Mauriac who lived portantly, this bill maintains existing protec- Nazis. Her goal was getting the Jews to Pal- in occupied France said: "Nothing I have May 23, 1996 EXTENSIONS OF REMARKS 12485 seen during these somber years left so deep a letter known as the Daisy and a burial fund Mr. Speaker, the marker that the Michigan mark upon me as those hundreds, of Jewish that is administered by the burial committee. Historical Center has affixed to this structure is children standing in Austerlitz station." The burial fund provides a final resting place a fitting tribute to the Gratiot Park United 15.000 children were sent to Terezin con­ for impoverished patients who have died in the Methodist Church and a source of great pride centration camp. Only 100 survived. Jiri Weil hospital. In addition, the chapel committee, for the entire Port Huron community. writes of these children: "Only the drawings which provides Holy Communion and other re­ and the poems-that is all that is left of I hope that my colleagues will join me in these children, for their ashes have long ligious services, and the sewing committee, recognizing this important designation. since sifted across the fields around Ausch­ which provides made and mended clothing, witz." are the most commonly known features of the How could any person-kill innocent chil­ guild. SMALL BUSINESS PERSON OF THE dren-not 1 or 20 or 100-but 1.5 million chil­ I ask my colleagues to rise and join me in YEAR dren were exterminated by the Nazis. honoring the Abercrombie Guild. The services We cannot forget the insane butchery of aad help the guild has provided the children our young. We mourn for them-for their and patients of Christ Hospital are truly ex­ HON. BART S11JP AK mothers and fathers and brothers and sis­ traordinary. OF MICHIGAN ters-and we mourn for ourselves, for having IN THE HOUSE OF REPRESENTATIVES lost them. Today as we light the candles we will HONORING GRATIOT PARK UNITED Thursday, May 23, 1996 honor members of the staff who prosecuted METHODIST CHURCH Mr. STUPAK. Mr. Speaker, it is an honor for the German leaders at The Nuremberg Trials for crimes unprecedented in human history. me to bring to the attention of this body and Unprecedented, yes, and also unspeakable. HON. DAVID E. BONIOR the nation an individual who has truly made a difference in his local area and who, along the As these candles are lighted we remember OF MICHIGAN the victims of Nazi viciousness. IN THE HOUSE OF REPRESENTATIVES way, has helped so many others. Mr. Paul R. Argall, President of PCBM Management Com­ As we light these candles we will be re­ Thursday, May 23 , 1996 membering the children whose lives were pany, Inc., in Ishpeming, Michigan began with snuffed out. Mr. BONIOR. Mr. Speaker, I rise today to a dream, a goal, an idea and has molded that There is no punishment adequate for the pay tribute to the men and women of the into one of the most successful business oper­ crimes against the children. There is only Gratiot Park United Methodist Church in Port ations in the Upper Peninsula of Michigan. For our memory to keep them alive-forever. Huron, Ml. This Sunday, I and many others his efforts, Mr. Argall has been named Michi­ We will Remember the Children. from Michigan's Bluewater area will gather at gan Small Business Person of the Year by the the church to dedicate a marker celebrating United States Small Business Administration, the importance of that structure in the history a honor well deserved. ABERCROMBIE GUILD OF CHRIST of our community and our State. Mr. Argall first distinguished himself as a HOSPITAL HONORED FOR 120 The origins of the Gratiot Park United Meth­ YEARS OF CONTINUOUS SERVICE Certified Public Accountant, opening his own odist congregation can be traced back to the firm in 1978. Realizing that his home town of time of the construction of Fort Gratiot in Ishpeming, like other small communities in the HON. ROBERT MENENDF.Z 1814, and the early days of the church are Upper Peninsula, was on an economic de­ OF NEW JERSEY tied to the growth of the fort. cline, Paul moved forward in 1984 by estab­ IN THE HOUSE OF REPRESENTATIVES Records of the time show that circuit riders lishing PCBM Management Company that regularly traveled through the wilderness to formed the foundation for a dream that he be­ Thursday, May 23, 1996 preach at Fort Gratiot. Accounts also indicate lieved would not just provide jobs for so many Mr. MENENDEZ. Mr. Speaker, I rise today that the early congregation survived a dev­ local residents, but would be the primary to pay tribute to the Abercrombie Guild of astating cholera outbreak in 1832 that nearly source of economic development for the area. Christ Hospital for 120 years of service to the wiped out the entire territory. The goal was to build a village within the residents of Jersey City. A special ceremony In 1859, the Reverend A.E. Ketchum estab­ city that would include various businesses to to celebrate the guild's accomplishments will lished a Methodist class at the Fort Gratiot support local tourism. Following the acquisition be held at the Liberty Science Center on May Mission. Brothers ventured to remote areas of in1987 of some 35 acres of land along U$-41, 23, 1996. Michigan seeking new members for the com­ the first of what would be many new small Formerly called the ladies' Hospital Guild, munity. businesses began with the Pamida Discount the organization we honor today was formed The site of today's Gratiot Park United Center, a 40,000 square foot department store in 1874 by a group of 20 women. They began Methodist Church was first surveyed in 1834, that created 50 new jobs. A fifty room hotel by making clothing for the sick children in the and changed ownership several times before and 165 seat restaurant was then added in hospital. As the needs of the hospital being purchased in trust for the church in July 1989 and the Country Village Plaza began to changed, so did the guild. In 1887, the daisy 1866. take shape. Since then, many new businesses ward, a pediatrics ward, was established in In 1968, the church was formally renamed have opened including other restaurants, gro­ the hospital. Since then, the guild has devoted the Gratiot Park United Methodist Church. cery stores, a bowling center, banks, laun­ much of its time and efforts to creating a com­ The Bluewater area is far different today dromats, bookstores and many other shops. fortable environment for the children in this than it was in the times of Fort Gratiot. Where PCBM Management itself has grown consid­ ward. Through the years, the guild has strived once pioneers struggled to settle the land, erably, as well, to now six subsidiaries and is to make the lives of the patients and the hos­ today Port Huron is a thriving city and a grow­ recognized in the area a leading real estate pital community a little better. ing center of commerce. But despite decades development company. The company has The guild was incorporated and named after of change, the Gratiot Park United Methodist grown to over 120 employees who oversee one of the founders and presidents of Christ Church still stands as a part of our community annual sales of nearly $3.5 million and in 1994 Hospital, Rev. Richard Mason Abercrombie. and part of the lives of our people. made the Inc. 500 as well as the Michigan pri­ As a corporation, the guild is devoted to se­ It has seen the deep divisions created by vate 100, a list of the state's fastest growing curing money and supplies for the hospital the Civil War and witnessed the inventions of companies. Further, in 1995, PCBM was rec­ with special care given to the children's ward, Thomas Edison. ognized by the Michigan Jobs Commission for of which Christ Hospital is particularly proud. It has stood through the dawn of the Grant its long standing commitment to Michigan and The funds donated and bequeathed to the Trunk Railroad and the boom of the shipping to Ishpeming. guild greatly benefit these children. The mon­ and lumber industries and the growth of Port As good as this company is, it was the fore­ eys are used to provide the children with the Huron. sight of and guidance by Paul Argall that has medical attention needed. And through it all, the church and its con­ provided the foundation for its growth. A The Guild also provides a number of other gregation have stood as a source of strength strong family man, an active member of his valuable services, including a monthly news and fellowship for the people of our area. church and other charitable organizations, 12486 EXTENSIONS OF REMARKS May 23, 1996 Paul deserves not just the title of Small Busi­ tion charged ceremonies, largely attended by that our veterans "paid in full" at the entry ness Person of the Year, but the thanks of so veterans and their families, will be encap­ and exit doors of military service. many people in the Ishpeming area. sulated into micro-second broadcast news As the American public makes way for the clips and short print articles including beaches,- ·mountains, and resorts on Memorial Mr. Speaker, on behalf of the Ishpeming photos for public consumption. Day, veterans and their families will pause area, the Upper Peninsula and the entire state For those who deal daily with the sur­ to salute our fallen heroes. Veteran organi­ of Michigan, I congratulate Mr. Paul Argall and vivors of military service, Memorial Day is zations and their leaders will ensure that the PCBM Management Company on a job well also an appropriate date on which to inform tributes occur as their solemn duty. It is done. and educate the public as to the status of the these Americans who will give appropriate needs, issues, and concerns of veterans who thought to the survivors and non-survivors. have survived military service. All Americans should give greater reflection to questioning our nation's commitment, to RECOGNIZING JAMES R. NUNES To date, potential legislation is floating those who have contributed most to Ameri­ upward in Congress to establish a Commis­ ca's ongoing survival. sion to evaluate programs of the federal gov­ ernment that assist members of the armed Many this Memorial Day will be asking, HON. Bill BAKER "Why has the contract with America's veter­ OF CALIFORNIA forces and veterans in readjusting to civilian life. It will be known as the "Commission on ans been broken?" "How do we reinstate ade­ IN THE HOUSE OF REPRESENTATIVES Service Members and Veterans Transition quate programs for veterans in a country Thursday, May 23, 1996 Assistance". Of the hundreds of pages of vet­ that now seems to approve the popular no­ eran legislation introduced before Congress, tion of budget cuts, even at great expense to Mr. BAKER of California. Mr. Speaker, for this "Commission on Veterans" is the most those who served, survived, and now, more more than three decades, James R. Nunes vital. Veteran organizations and veteran ad­ than ever, need our help?" has served as an officer of the law. Since vocates must hold both presidential can­ America is Number One, Thanks to Veter­ 1979, he has been chief of the Pleasant Hill, didates responsible for obtaining such a com­ ans, and other governmental agency slogans, mitment, before the November elections. such as Putting Veterans First are again CA Police Department in my home district. singing, "When Johnny Comes Marching Now, after 37 years as a police officer, first Veterans must demand action now, or this landmark legislation will never see the light Home," while the budget cut "ax murderers" with the military and then with three different of day. blindly cut veterans' programs. cities, he is retiring from the force. If fully enacted, the Commission will con­ Thus, wherever one finds themselves this Throughout his career, Chief Nunes has duct a bottom-up review of programs in­ Memorial Day, these are thoughts worth worked to make our streets safer, our commu­ considering-and acting upon. As Memorial tended to assist veterans. Veteran advocates Day proceeds, veterans not active in a veter­ nities stronger, and our children's future bright­ view this potential landmark legislation as a an's organization may wish to consider mem­ er. He knows the meaning of long nights, hard G.I. Bill of Rights review, as well as the bership in a group of their choice, and work, and personal sacrifice. His many com­ reading of the fine print that violates the Sa­ thought should be given as to methods of cit­ munity activities further reflect his commitment cred Government Contract made with each izen support for veteran programs, i.e., military inductee. Those who support vet­ to the citizens of the East Bay, and are indic­ through volunteer participation, assistance eran entitlements should contact their Con­ with monetary needs for local veteran orga­ ative of his devotion to the building of a better gressional representatives and seek their society. nizations that serve veterans, and letting the support in creating this new Commission, appropriate political leaders know that vet­ Those who work for public safety know that which will evaluate and upgrade the earned eran programs should be the first saved-and a secure society does not come cheaply. It is entitlements of our military personnel and the last cut-in current and future budget the product of vigilance, perseverance, and our veterans. considerations. foresight. These are the qualities that have Across America, our military personnel We need to remember those men and typified Chief Nunes' service. It is my sincere and veterans are disproportionately suffering women who are in eminent danger in Bosnia, the ill effects of military down-sizing, base Korea, Liberia and other potential conflict hope that Chief Nunes will enjoy a well-de­ closures, industry collapses in the defense served retirement from the force. His contribu­ sites for future veterans that will need to be and aerospace industries, and corporate honored at future Memorial Day ceremonies. tions have been both formidable and enduring, down-sizing to increase profits. Military Amidst the flood of broadcast and news­ and I know all of my colleagues will join me families and veterans are receiving food paper media of the business world's "trib­ in wishing him every good thing in the days stamps; homeless veterans continue to roam ute" to another holiday sales/marketing op­ ahead. the streets they fought to protect; thousands portunity, American needs to "refocus" its of fully qualified veterans are grossly dis­ moral compass, directly upon those poll tical advantaged economically, facing the ravages leaders and candidates, to determine who MEMORIAL DAY 1996--ANOTHER of unemployment and under-employment. will recognize and reverse the governmental VIEWPOINT Still others are shut out of the market place failures over the many years before the next due to lack of re-training. There is little call veteran-related holiday arrives in November for infantry or weapons skills in the high­ of this year. tech information era. Training and re-train­ HON. BOB FILNER ing veterans must be a top priority. Memorial Day 1996 is, indeed, an excellent OF CALIFORNIA occasion to remind ourselves that this year Meanwhile, only three million of the twen­ we should salute our fallen dead and also pay IN THE HOUSE OF REPRESENTATIVES ty-eight million living veterans actually ac­ a living tribute to those who did survive­ Thursday, May 23, 1996 cess medical treatment from the veterans only to return at a time when most Ameri­ medical system. Budget and deficit reduc­ cans had lost respect and support for those Mr. FILNER. Mr. Speaker, I rise to place tions and streamlining of the VA programs who make democracy possible, worldwide into the CoNGRESSIONAL RECORD the following through reorganization will adversely im­ and locally. thoughts by Robert Sniffen, a U.S. Navy vet­ pact senior veterans, whose numbers will Thoughts, ideas, suggestions, and rejoin­ eran who has served as a veteran's advocate grow as rapidly as their current and future ders that "Freedom is not Free" is designed medical needs explode. for the past 27 years. He has held veteran-re­ to provoke countrymen to take positive lated positions in the U.S. Department of While most veterans are successful and addition to reverse the demise of the impor­ arise each day to run America, some veter­ tance of protecting, rather than slashing Labor and in the Center administration. He ans need help to reintegrate into a civilian has also served as the national service and costs-that are the aftermath of this Memo­ society, as well as to overcome adverse eco­ rial Day * * * and future Memorial Days to legislative director of AMVETS. Currently, Mr. nomic factors. come. Sniffen is chairman of the board for San Diego Thousands, currently in the military, are Let us all utilize this sacred, heartfelt day Veterans' Service, a southern California non­ shifted daily from the m111tary pay line, to of tribute as the starting point in reinitiat­ profit organization dedicated to the needs and the unemployment line, becoming a family ing dedication to keeping our commitments concerns of California's veterans. "at risk" who, then, may soon become the to veterans and their families, by insisting Memorial Day will soon signal the tradi­ "new" homeless. that government revitalize, not kill veter­ tional .salute to pay homage, tribute, and Veterans are being told by the Washington an's programs, as Memorial Day 1996 ap­ honor to our nation's men and women who beancounters and Congress that veterans proaches. have made the ultimate sacrifices on behalf must sustain their share of budget cuts. It is The very future of America may depend of the freedoms we all enjoy. Beautiful, emo- believed that most Americans would agree upon these veteran-related issues. May 23, 1996 EXTENSIONS OF REMARKS 12487 REPEALING THE 4.3 CENT prices traditionally rise in the spring but fall Since then, much has happened. Israel and GASOLINE TAX and level out after a few weeks. 1996 is no Jordan are at peace. Palestinians defied the different. Already, consumers are watching Hamas call to boycott elections and in doing prices go down, although not as quickly as so gave· their clear mandate for peace. Today, they govern themselves in Gaza and HON. TOMA. COBURN they might like. OF OKLAHOMA most cities in the West Bank. The Palestin­ Mr. Speaker, had I been able to cast my ian National Council voted overwhelmingly IN THE HOUSE OF REPRESENTATIVES vote on this piece of legislation, I would have to make good on its commitment to cancel Thursday, May 23, 1996 voted "no." I cannot support a politically moti­ the egregious provisions of its charter. Eco­ nomic summits have been held in Casablanca Mr. COBURN. Mr. Speaker, due to cir­ vated tax cut which will not significantly aid the American consumer. This is a tax cut package and Amman. Eight members of the Arab cumstances beyond my control, I was not League have made official visits to Israel, physically able to cast my vote for H.R. 3415, tied up with pretty ribbons-but when the tax­ and-with the exception of Libya, Iraq, and which repealed the 4.3 cent gasoline tax im­ payers open it, they see an empty box, not the Sudan-every Arab League member has par­ plemented in 1993. At this time, I would like to true savings Congress has promised. ticipated in some aspect of the peace proc­ take this opportunity to submit my opinion on I feel this is another example of election­ ess. this issue for the record. year politics, not genuine reform. I want to tell Had I predicted these events in 1993, you probably would have said that I needed a Tax relief-in order to be truly effective­ the people of Oklahoma's second district that Congress reduced their tax burden, but I want long rest. The scope and pace of change has must do two things. First, it must be meaning­ truly been breathtaking. It has come so fast ful relief; people must be able to reap the ben­ them to be able to see the difference in their that what was previously unthinkable is now efits of Congress' actions. Second, it must be bankbook at the end of the month. I cannot routine. In the face of difficult challenges, it paid for with real dollars, not with creative vote for a gimmick which makes politicians is easy to forget how dramatically the peace bookkeeping or irresponsible offsets. look good but doesn't actually help the people process has already transformed the land­ who put them in office. I don't believe that scape of the Middle East. As we move for­ I am committed to tax relief. The American temporarily repealing the 1993 gasoline tax ward, we must remember the enormous people are overburdened with federal, state, will do much to lift the tax burden from the progress we have made. and local taxes but don't see the returns for shoulders of the American people; therefore I None of the challenges we now face is more their investment. In fact, May 7, just two cannot support it. pressing than the fight against terrorism. weeks ago, marked "National Tax Freedom Terrorism destroys innocent lives. It under­ Day" where people stopped handing over their mines a society's sense of security-and with paycheck to Uncle Sam and started working SECRETARY WARREN CHRIS- it the very foundation upon which a lasting for themselves. Clearly, tax relief is important, TOPHER'S ADDRESS TO THE peace must be built. As such, terrorism is a necessary, and well deserved. threat to our national interests-not simply WASHINGTON INSTITUTE FOR in the Middle East, but around the world. I do not support the 1993 decision to raise NEAR EAST POLICY ANNUAL President Clinton has rightly identified gasoline taxes 4.3 cents a gallon to finance ir­ SOREF SYMPOSIUM terrorism as one of the most important secu­ responsible government spending. Dollars col­ rity challenges we face in the wake of the lected from fuel taxes should be spent only on Cold War. As he said in his address to the infrastructure, not on pet projects or wasteful, HON. TOM LANTOS United Nations last October, terrorism today duplicative federal programs. It stand to rea­ OF CALIFORNIA is a world-wide phenomenon. No one is im­ son that ideally, the gas tax should be re­ IN THE HOUSE OF REPRESENTATIVES mune. Certainly not Israel. But also not pealed. Egypt. Or Japan. Or France, Britain, or Ger­ Thursday, May 23, 1996 many. Or Turkey, Saudi Arabia, Argentina, But it troubles me that tax relief-in this Mr. LANTOS. Mr. Speaker, the Washington or Algeria. And, unfortunately, not America, case, repealing the gas tax-has become a Institute for Near East Policy has for many where terrorists have struck from lower political football. I do not believe people will Manhattan to Oklahoma City. years provided an invaluable forum for discus­ truly benefit from this token gesture. I question As if the threat is not already severe sion of difficult issues facing the Middle East. the timing of the gas tax repeal: if gas taxes enough, we now face an even more alarming Last Tuesday, the Institute invited Secretary were too high, why didn't Congress attempt to danger: the terrorist armed with weapons of repeal them six months ago, when the price of Christopher to discuss the very urgent and on­ mass destruction. Last year's nerve gas at­ going problem of terrorism. As we rejoice at gasoline was at an all-time low? I find it curi­ tack on the Tokyo subway system was a the magnificent progress in the peace proc­ grim omen. It was also a wakeup call for the ous that this issue has only been addressed ess, we are saddened and frustrated by the vi­ world. The threat is real. We must act now during an election year . . . and if repeal of cious terrorist attacks which are carried out by to meet it. the tax is truly necessary, then why is it tem­ an unyielding and elusive extremist minority. The United States is leading the way. Last porary? Shouldn't tax relief last beyond the month, the President signed into law land­ 1996 elections? And how are we planning to Mr. Speaker, I invite my colleagues to read mark anti-terrorism legislation. This bill address the loss of revenue to the federal Secretary Christopher's thoughtful remarks provides law enforcement with new tools to treasury? Auctioning the spectrum is neither a and productive suggestions as to how the stop terrorists before they strike and to real nor a responsible option. The criteria for United States can play a stronger role in bring them to justice when they do. It tax cuts-meaningful relief which is paid for­ bringing these attacks to an end. strengthens our ability to prevent inter­ national terrorists from raising funds in the have not been met. FIGHTING TERRORISM: CHALLENGES FOR THE United States. And while ensuring legal safe­ While I disagree with H.R. 3415, I am also PEACEMAKERS guards, it allows us quickly to expel foreign­ opposed to the Administration's "solution." Thank you very much, Mike. It is a real ers who provide support for terrorist activi­ Selling 12 million barrels of oil from the Strate­ pleasure to speak again at The Washington ties. gic Petroleum Reserve won't lower gasoline Institute. Under the leadership of Mike The United States has also spearheaded ef­ Stein, Barbi Weinberg, and Rob Satloff, the forts to combat terrorism on a global level. prices-in fact, it will COST the American tax­ Institute has continued to excel as an in­ payers $144 million dollars. The President's We have imposed strong sanctions against valuable forum for the discussion of U.S. pol­ states that sponsor or harbor terrorists. We response to rising gasoline prices is politically icy in the Middle East. I should say that the have intensified our counter-terrorism co­ motivated as well. This is a superficial, cos­ Institute has been a reservoir for talent as operation with other countries, allowing us metic action which will do nothing to truly well. Any organization that could help cul­ to apprehend key figures in attacks like the lower gasoline prices. tivate the likes of Martin Indyk, Dennis World Trade Center bombing. Last Decem­ Furthermore, I strongly believe that neither Ross, and John Hannah has got to be doing ber, with our partners in the G-7 and Russia, something right. Sometimes I think that the we convened a ministerial meeting in Ottawa Congress nor the President should be in the State Department owes you a finder's fee. business of regulating gasoline prices, just like to develop common strategies for fighting As Mike mentioned, I last spoke at the In­ terror. And in April, President Clinton the federal government should not regulate stitute in October 1993, soon after Prime joined President Yeltsin and other leaders in the price of other commodities like wheat, Minister Rabin and Chairman Arafat shook Moscow, where they agreed on new steps to corn, or sugar. Instead, the market should be hands on the White House lawn and forever prevent nuclear materials from falling into allowed to function. History shows that fuel changed the course of Middle East ·history. the wrong hands. 12488 EXTENSIONS OF REMARKS May 23, 1996 Nowhere in the world has America's lead­ were clear: To use our influence to stop the ical dialogue, while maintaining normal ership in the fight against terror been more suffering of innocent civilians, to end the trade. The Europeans themselves acknowl­ evident than in the Middle East. We have crisis, and to create a new framework to edge that their policy has produced no sig­ maintained UN sanctions against Libya for limit the chances of it happening again. nificant ·change in Iranian behavior. We re­ its role in the bombing of Pan-Am 103. And The agreement that resulted from my main convinced that no amount of dialogue we are working to increase pressure on shuttle mission achieved those objectives. will alter Iran's policies, unless it is coupled Sudan for its support of last June's assas­ Hundreds of thousands of Israelis and Leba­ with real economic pressure. sination attempt against Egypt's President nese have been able to return to their homes. Mubarak. New, written understandings have been Let me stress one point: We do not oppose reached to contain the dangers of any hos­ the EU policy because we oppose the prin­ America's most critical role, however-and ciple of speaking with Iran. The United the one I want to focus on today-is defend­ tilities. An international effort will be mounted to assist in Lebanon's reconstruc­ States has long said that we are ready to ing the Middle East peace process and the conduct an open dialogue with authoritative peacemakers against the vicious attacks of tion. And we are organizing a Monitoring their enemies. Terrorists and their support­ Group in which Israel, Lebanon, and Syria representatives of the Iranian government, ers are now engaged in a systematic assault are being brought together for the first time in which we could fully air our two major on Israel and the peace process. Their goal is to help prevent another crisis. concerns: First, Iran's support for terrorism, clear: They seek to kill the very possibility This recent campaign of violence has again especially against the peace process. And of peace by destroying every Israeli's sense shone the spotlight on a disturbing reality: second, its efforts to acquire weapons of of personal security. When it comes to terrorism against the mass destruction. Iran, however, has never taken up this offer. The enemies of peace are escalating their peace process, Iran is playing a leading role. attacks for a very clear reason: the peace Iran's leaders regularly use rhetoric that in­ Our determination to contain Iran and to process is succeeding. With every step to­ cites terrorism. President Rafsanjani called defeat the enemies of peace is clear. But so ward peace that Israel and her neighbors Prime Minister Rabin's assassination " di­ is our commitment to press ahead with nego­ take, the enemies of peace grow more des­ vine vengeance." And just prior to the tiations on a comprehensive Arab-Israeli perate and more determined to lash out. Hamas bombing spree, Iran's Supreme Lead­ peace. Anything less would hand the terror­ They must promote fear because they know er, Khameini, preached that "The power of ists the very victory they seek. that hope is their undoing. Islam will ultimately bring about the end of the rootless Zionist regime * * * which must To close the circle of peace, agreements be­ The United States is determined to ensure be destroyed." tween Israel and Syria and between Israel that the enemies of peace do not succeed. We and Lebanon are essential. Syria presents us will never give in to their terror. We refuse Iran has not stopped at rhetoric. It fre­ quently meets with all the major terrorist with a unique challenge. On the one hand, we to allow terrorists to undermine our resolve continue to have serious problems in our bi­ or divert us from our goal of a real, secure, groups-including Hizbollah, Hamas, Pal­ estinian Islamic Jihad, and the PFL-PGC. It lateral relationship with Syria. Syria re­ and lasting peace for Israel and for all the mains on our narcotics list as well as our peoples of the Middle East. actively encourages these groups to use ter­ ror to destroy the peace process. It provides terrorism list. When Israel was terrorized by a wave of them with money-up to several million dol­ suicide bombings in February and March, lars a year in the case of Hamas, Islamic, Both President Clinton and I have consist­ President Clinton responded by organizing Jihad, and others; and up to SlOO million a ently pressed our concerns with President the Sharm el-Sheikh summit. Literally over­ year for Hizbollah. Iran also supplies them Assad and other senior Syrian officials. We night, leaders from around the world an­ with arms and material support, training, will continue to do so, and to make clear swered his call to join Israel-not to cele­ and-in some cases-operational guidance. that these concerns must be met before the brate another breakthrough in the peace United States can build a mutually bene­ process, but to defend the peace process at a The evidence has grown in recent months. ficial relationship with Syria. moment of crisis. It was an unprecedented In advance of Israel's elections, Iranian­ event that sent an unmistakable message: trained terrorists have been sent to infil­ Yet we recognize that Syria is different The enemies of peace are doomed. Their ter­ trate Israel and the Palestinian territories. from Iran. Iran rejects the very notion of ror will only strengthen our resolve to com­ Some have been intercepted. Others nar­ peace and has dedicated itself to Israel's de­ plete the circle of peace and put them out of rowly failed in carrying out their deadly ac­ struction. By contrast, Syria has been nego­ business for good. tivities. Still othe. :- have succeeded in their tiating directly with Israel to end their con­ murderous mission .. We believe that an Ira­ flict. I have no illusions. Translating that Sharm el-Sheikh launched a process to ex­ nian-backed group was responsible for last willingness to negotiate into a peace agree­ pand joint efforts against terrorism through­ week's drive-by shooting of an Israeli-Amer­ ment will be difficult. But the talks thus far out the region. Most recently, President ican yeshiva student in the West Bank. In have provided a solid foundation for progress Clinton and Prime Minister Peres signed a another case, Belgium intercepted a ship­ when negotiations resume. new anti-terrorism accord that will ment containing a mortar, which came from strengthen cooperation between our two gov­ Iran and was probably intended for an attack As long as we remain convinced that peace ernments. In addition, the United States is on a Jewish target in Europe. is possible, we must continue to work with providing Israel with more than $100 million There should no longer be any debate the parties to achieve a breakthrough that in anti-terrorism equipment and training. about Iran's involvement in terrorism would have far-reaching strategic con­ We have also begun to bolster the counter­ against the peace process. German Foreign sequences-not just for the Middle East, but terrorism capabilities of the Palestinian Au­ Minister Kinkel left no doubt that in re­ for America's vital interests. A comprehen­ thority. With our support, Israeli and Pal­ marks he made here in Washington just two sive peace will dramatically reduce the risks estinian security services are now cooperat­ weeks ago. He said that Germany is "fully of another Arab-Israeli war. It will remove ing in a joint campaign to root out the ter­ a ware of the evil things that Iran has been the final constraints on Israel's having nor­ rorist infrastructure in the West Bank and doing and is still doing." He went on to say mal relations with the entire Arab and Mus­ Gaza. Palestinian forces have intercepted that "[T)he Americans and the Germans lim world. many suicide bombers. They have uncovered agree as to the general assessment of what Finally, and perhaps most importantly, explosives and arms caches. They have ar­ Iran means by way of terrorism * * * support rested, tried, and imprisoned perpetrators of of Hizbollah, Hamas, and Jihad." ending the Arab-Israeli conflict will allow us acts and continue to hunt down others. and our friends to harness our resources to While we and our allies now share a similar meet the common set of strategic challenges Chairman Arafat today clearly under­ analysis of the facts, we differ when it comes that threaten us all-especially the rise of stands that he must give a 100 percent effort to how best to deal with Iran. The United extremist movements that use terrorism and in the war on terror-and not just because States believes that Iran will only change its violence, and rogue states, like Iran and his agreements with Israel require it. He is behavior when the world makes it pay a suf­ Iraq, that possess weapons of mass destruc­ doing it because he knows that the bombs of ficiently high political and economic price. tion. Hamas and Islamic Jihad are trying to de­ We must deny Iran's leaders the resources to stroy Palestinian aspirations as much as finance their dangerous policies. That is why These are the real dangers that we and our they are Israeli lives. The United States will the President decided last year to impose a friends will have to address in the coming continue to insist that this increased Pal­ comprehensive embargo on U.S. trade with years. In pursuit of our national interests, estinian effort is sustained. Iran. And that is why we have been working we are determined to do so. A critical part of Like Hamas before it, Hizbollah's purpose with Congress on legislation to further tight­ our strategy must be a continued effort to in last month's attacks in Lebanon was also en economic restrictions on Iran. seize the historic opportunity that now ex­ to kill the peace process. As hostilities esca­ In contrast, some European nations con­ ists to achieve a secure and comprehensive lated, America's responsibility and interests tinue to engage Iran in what they call a crit- peace. May 23, 1996 EXTENSIONS OF REMARKS 12489 TRIBUTE TO CHARLES A. KROUT RED HOOK V.F.W. POST 7765 CELE- fourth of our population-enjoy recreational ELEMENTARY SCHOOL BRATES 50 YEARS OF SERVICE boating as a means to forget the stress and pressure.of everyday life. Fortunately, our Na­ tion is blessed with vast water resources that HON. GERALD B.H. SOLOMON provide a means of escape for those who just HON. PAUL E. GILLMOR OF NEW YORK want to "get away from it all." OF OHIO IN THE HOUSE OF REPRESENTATIVES Tragically-and to a great extent need­ IN THE HOUSE OF REPRESENTATIVES Thursday, May 23 , 1996 lessly-approximately 800 people die each year in boating-related accidents. Recreational Thursday, May 23 , 1996 Mr. SOLOMON. Mr. Speaker, it is my pleas­ boating is second only to motor vehicles in the ure to commemorate the golden anniversary number of transportation-related fatalities. Mr. ~ILLMOR. Mr. Speaker, I rise today to of _veterans of Foreign Wars Post No. 7765. This post, I am proud to say, is based in Red Since 1958, by sponsoring National Safe recognize an outstanding school in Ohio's Boating Week and other activities promoting H_oo~. NY, in_ the heart of my congressional Fifth Congressional District. The Charles A. boating safety throughout the year, the United d1str~ct, and 1s _celebrating its 50th year of Krout Elementary School was recently chosen service. And this post personifies the out­ States _Coast Guard has continuously worked as one of the best in the State of Ohio by the standing efforts of the entire nationwide mem­ to remind the _American public of the impor­ Ohio Association of Elementary School Admin­ bership to promote a strong national defense tance of boating safety. "Lit ejackets: They istrators. This is an honor very few schools re­ and to help veterans and their families. That is Floa~-You Don't!" is the slogan of this year's ceive. one reason I was so pleased to be awarded ~oating safety campaign. National Safe Boat­ ing We~k is b~ing observed this week, May When you walk through the front door at t~e V.F.W. National Commander's Congres­ st0nal Award several years ago. 18-:-24,_ Just prior to Memorial Day weekend Krout Elementary, you cannot help but see which 1s the beginning of the traditional sum­ that the staff works extremely hard every sin­ The V.F.W., Mr. Speaker, has been an or­ mer boating season. ganization of exceptional merit and service to gle day for every single student. One of the F~lling overboard and capsizing are the th~ needs of many veterans. It is only appro­ points stressed at the school is the high level leading causes of boating accidents. In 77 priate that those brave men and women who of parental and community involvement. The percent of the documented recreational boat- placed themselves in harms way overseas be education of the children is a collective effort. 1~g .fatalities reported to the Coast Guard, the represented by such an able organization. The v1ct1m was not wearing a personal flotation de­ About 200 parents, grandparents, and retired members of Post No. 7765 have been receiv­ vice, more commonly referred to as a life­ people volunteer for different school functions. ing just such outstanding service for 50 years j~~et. The Coast Guard considers wearing a This level of dedication should be the standard now. It is comforting to know that those who hfeJacket the single most important factor to for our children. serve~ th_e needs of our country and fought for ensure survivability in these accidents. It is un­ the principles and ideals of America all over Mr. Speaker, quality education is at the fortunate that, while hundreds of people die the globe can depend on the support of an or­ heart of America's future. Krout Elementary needlessly each year, the boating public still ganization like Post 7765 back home in up­ has done enormous good for its community does not understand the importance of wear­ state New York. and the country through solid dedication to the ing lit ejackets. Mr. _Speaker, the service of this post in Red power of learning and knowledge that our The most recent tragic example of the need Hook 1s worthy of significant recognition. This young people need. for lit ejackets was the drowning of former CIA post, and others like it, are the reason I fought Director William Colby. It is presumed that Mr. This honor is a time to reflect upon past ac­ so hard to attain Department level status for Colby drowned when he fell out of his canoe complishments. It is also a time to look toward Veterans Affairs. When Ronald Reagan signed as he was boating in a tributary of the Chesa­ that legislation into law, veterans were finally new horizons. I ask my colleagues to join me peak~ Bay. Unfo~unately, Mr. Colby was not today in recognizing the achievements of the afforded the degree of national consideration wearing a floatation device when found. An­ Charles A. Krout Elementary School and en­ th~y deserve. The efforts of V.F.W. posts like other tragic example is an incident that oc­ this one, Mr. Speaker, having served the courage its faculty, parents, and students to c~rred in Arkansas in July 1993. A family of needs of veterans since 1946, assured veter­ continue to uphold its impressive legacy. nme (two parents and seven children) went ans the ~ssistance and recognition they de­ out on the Fourche LaFave River in a 14-foot served pnor to approval of this Government flat-bottom boat designed for only three peo­ depa_rtmen_t and continue to encourage fair ple. Although the weather was clear and the TRIBUTE TO ERNIE BEDROSIAN cons1derat1on of veterans' issues. For this, Mr. water was calm, the overloaded boat quickly Speaker, we owe Post 7765 a tremendous began to take water, and within minutes of debt of gratitude. leaving the shore the boat went down. There HON. GEORGE P. RADANOVICH The famous historian George Santayana were no lifejackets on board even though only once said, "Those who do not remember his­ two ~f the peopl~ could swim. Both parents OF CALIFORNIA tory are bound to repeat it." V .F. W. posts all and five of the children drowned. This incident across America have not forgotten the past or IN THE HOUSE OF REPRESENTATIVES is a textbook case of failure to observe basic those men and women who made the ultimate boating sat ety rules. Thursday, May 23, 1996 sacrifice for our country. I ask all Members in So as Americans everywhere flock to our the House to rise in tribute to V.F.W. Post Nation's rivers, lakes, and oceans to enjoy the Mr. ~ADANOVICH . Mr. Speaker, today I 7765 and join me in saluting all the members, hot summer weather, remember "Lifejackets: would hke to congratulate Ernie Bedrosian past and present, on the occasion of their 50th They Float-You Don't!" founder of Raisin Bargaining Association. O~ anniversary. Friday, May 24, 1996, in my district in Fresno, CA, the Raisin Bargaining Association will be TRIBUTE TO THE LATE BILL LIFEJACKETS: THEY FLOAT-YOU HUGHES honoring their founder, Mr. Ernie Bedrosian. DON'T He will be commended for his excellent work on behalf of the California raisin growers and HON. WIWAM 0. LIPINSKI packers. HON. HOW ARD COBLE OF Il..LINOIS OF NORTH CAROLINA IN THE HOUSE OF REPRESENTATIVES Mr. Bedrosian founded the RBA at the age IN THE HOUSE OF REPRESENTATIVES of 29 in 1966 and his work on behalf of Cali­ Thursday , May 23 , 1996 Thursday, May 23 , 1996 fornia raisin leaders is legendary. I send to Mr. LIPINSKI. Mr. Speaker, I rise today to Ernie and the RBA my very best wishes for Mr. COBLE. Mr. Speaker, each year an esti- pay tribute to the memory of a man of out­ continued success. mated 76 million Americans-more than one- standing public service from my district who 12490 EXTENSIONS OF REMARKS May 23, 1996 recently passed away-Mr. Bill Hughes, direc­ END TELECOMMUNICATIONS have gone beyond their service areas and tor of the Pleasantdale Park District. FRAUD NOW reach out to make the national and inter­ national community aware of this problem and Mr. Hughes, who battled colon cancer for 1O how to deal with it. Besides public service an­ months, served the district for 5112 years. His HON. BIU McCOUUM nouncements, the alliance has launched a full tenure saw explosive growth in both the com­ OF FLORIDA campaign to include brochures, posters, and munities Pleasantdale served and programs IN THE HOUSE OF REPRESENTATIVES even a toll free number to encourage tele­ the district offered. Thursday, May 23, 1996 communications customers to educate them­ selves and join the campaign. Perhaps Mr. Hughes' greatest achievement Mr. MCCOLLUM. Mr. Speaker, I rise to alert was helping to guide the development of my colleagues and the American people to the We in Congress must learn from efforts like Flagg Creek Golf Course, a premiere 9-hole growing nationwide problem of telecommuni­ this to help Americans become aware of this course, in conjunction with the city of Country­ cations fraud. Last month, as chairman of the problem so they can avoid becoming victims of crime. side. Subcommittee on Crime, I conducted hearings on telemarketing fraud against the elderly, and Countryside Mayor Carl LeGant, who the tremendous toll that it takes. Tele­ worked closely with Mr. Hughes said of his FAIRNESS FOR DISABLED marketing fraud is just one aspect of the tele­ VETERANS ACT OF 1996 passing: "It's sad. He was a good person to communications scheme and the elderly are work with. He will be missed." not its only victims. Mr. Speaker, I join Mayor LeGant in mourn­ Telecommunications fraud can manifest HON. CORRINE BROWN ing the loss of this community leader, and ex­ itself in several forms including crimes like OF FLORIDA tend to Mr. Hughes' family my condolences. "shoulder surfing," where criminals literally IN THE HOUSE OF REPRESENTATIVES look over the shoulder of unsuspecting victims Thursday, May 23, 1996 entering their calling card number on a payphone. These victims are often Ms. BROWN of Florida. Mr. Speaker, today TRIBUTE TO THE ARAPAHOE unsuspecting tourists in a crowded airport, I rise to talk about a very important issue that affects veterans in my district in Florida and LIBRARY DISTRICT hotel lobby, or shopping mall who use a pay telephone for a long distance call. The criminal veterans around the country. Right now, a vet­ then can use their calling card number him­ eran who has bravely served our Nation can­ self/herself or it or sell it later, costing the vic­ not collect VA disability payments while col­ HON. DAN SCHAEFER tim or phone company hundreds or thousands lecting payments for early separation from the OF COLORADO of dollars. armed services. Although a person may be eli­ Criminals have also been known to pose as gible for both, under current law, a disabled IN THE HOUSE OF REPRESENTATIVES law enforcement officials, and approach elder­ veteran can't receive both. To me, that just doesn't make sense. Thursday, May 23, 1996 ly citizens claiming they need to bill a call to a residential number as part of an investiga­ As a member of the Veterans' Affairs Com­ Mr. SCHAEFER. Mr. Speaker, I rise today tion. As cellular technology has progressed, so mittee, I am proud to introduce the Fairness to congratulate the Arapahoe Library District has the criminal methods. For example, for Disabled Veterans Act of 1996 to correct on its 30th anniversary. This is an operation cloning devices are used to steal cellular this injustice in current law. that began back in April 1966 with a used phone serial numbers from the radio waves The language of the bill is simple. The bill bookmobile and 4,000 books borrowed from that carry the phone signal. These unique repeals the requirement that amounts paid to the State of Colorado. Now, the district oper­ codes are used to charge thousands of dollars a member of the Armed Forces under special ates 8 branch libraries throughout Arapahoe of calls to the accounts of innocent phone separation programs shall be offset from users. amounts subsequently paid to that member by County and serves over 100,000 people annu­ the Department of Veterans Affairs as disabil­ ally. Telecommunications fraud affects millions of Americans each year, and the damage done ity compensation. The repeal would be retro­ The Arapahoe Library District is a shining is appalling. This year alone telecommuni­ active to the date this rule went into effect on example of a locally run organization that pro­ cations fraud is expected to reach $3.7 billion, December 5, 1991. vides effective programs without appropria­ an increase of $395 million from 1995. A sur­ Here's how this works in practice. If an indi­ tions and regulations from Washington. vey of over 90 businesses who were victims of vidual received an SSB payment of $30,000, telecommunications fraud found that the he would not receive the first $30,000 of VA Besides promoting the obviously worthy losses ranged from a few thousand dollars to disability compensation to which he would oth­ cause of literacy, the district also sponsors an $4 million. The amount of long distance erwise have been entitled. This legislation annual photo contest and a children's summer charges stolen through business equipment in would allow eligible individuals to receive the reading program which focuses on a specific the United States is around $1.5 billion. The full amount of disability payments regardless topic-this summer's suggested reading deals cost to telephone users in "800" line charges, of prior SSB or VSI payments. with the history of the West. It also provides run up by thieves and attempted thieves, is In the early 1990's, Congress established an information center available to small busi­ estimated to reach a minimum of $215 million early military separation benefits to help the nesses and technology classes on how to uti­ this year. Defense Department reduce the size of the lize the internet. Another mark of distinction is We must stop these criminals and protect Armed Forces. The Department of Defense the Glendale branch's dual function as library Americans from this deceptively simple fraud. [DOD] currently offers certain military person­ and community center for the local population Mr. Speaker, in my home State of Florida nel the opportunity to leave military service of Russian-Jewish immigrants. Here they re­ many elderly citizens have come to retire com­ voluntarily in return for cash payments under ceive vital classes in English and general life­ fortably, and many tourists visit our attractions, two programs, the Special Separation Benefit skills. especially now as the summer season is [SSB] and the Voluntary Separation Incentive about to begin. When they pick up the phone [VSI]. The SSB program offers a one-time The Arapahoe Library District is an example and place a call, they should not have to cash payment, while the VSI program provides of how locally run institutions can contribute to worry about someone stealing from them. We an annual payment over many years, depend­ the educational benefit of the surrounding must end telecommunications fraud and stop ing on length of service. Servicemembers who communities. Thus, it is with great pleasure I these criminals cold. leave service under these programs have the join with my colleagues in the House in com­ Twelve telecommunications companies have option of choosing either program. mending the board of trustees, the employees, come together to fight this crime and to en­ When this law was passed, Congress also and the over 100,000 patrons of the Arapahoe hance public awareness through the Alliance included restrictions on these programs pre­ library District on its 30th anniversary. to Outfox Phone Fraud. Their education efforts venting military personnel who receive early May 23, 1996 EXTENSIONS OF REMARKS 12491 separation benefits from receiving disability LIVERPOOL'S COACH JENSEN RE- In his life, Dr. Katzen has pursued many di­ compensation from the Department of Veter- TffiES WITH 89 PERCENT WIN verse interests in the business and the artistic ans Affairs until the separation benefits are re- RECORD OVER 33 YEARS communities. He received a dental degree paid. from Georgetown University and then served as a dental surgeon at Providence Hospital, a Today, thousands of the veterans who ac­ HON. J~ T. WAISH cepted the payment and left the military are teacher of dentistry, and the organizer of the OF NEW YORK dental department of the DC Crippled Chil­ suffering from service-connected disabilities IN THE HOUSE OF REPRESENTATIVES such as gulf war syndrome and other health dren's Society. But dentistry was only Dr. Thursday, May 23, 1996 problems. These disabled veterans are unable Katzen's first career. He also pursued an inter­ to work and their families are faced with finan­ Mr. WALSH. Mr. Speaker, I want to ask my est in banking by organizing and directing cial hardship. colleagues today to join me in saluting a man three separate financial institutions; he still who has been a scholastic sports leader in serves on the board of directors for the Com­ SSS and VSI benefits are for services ren­ munity Bank of Northern Virginia. As founder dered as well as compensation for the veter­ central New York for 33 years. Now, he is re­ tiring as the Liverpool High School cross-coun­ of the Culmore Realty Co. and president of an's participation in DOD's downsizing. Dis­ the Mozel Development Corp. in Baileys ability pay is compensation for mental or phys­ try, indoor track and field, and outdoor track and field head coach. Crossroads, VA, Dr. Katzen provided strong ical disabilities incurred in that service. These and continuous support for the revitalization of are two separate compensations. That's why I His name is Oscar B. Jensen, and he is Baileys Crossroads and brokered real estate believe it is unfair to offset one payment with known respectfully and affectionately as projects that transformed Tyson's Corner, another. If the Department of Defense or the "OBJ." Crystal City, and Rosslyn into the thriving Department of Veterans Affairs offers a benefit He is a man who has been, as all good commercial centers they are today. to a retiring member of the Armed Forces, that educators are, devoted to the academic as Throughout the years, Dr. Katzen and his person deserves to receive that benefit. well as physical well-being of students. His ex­ wife, Myrtle, have been avid collectors of art traordinary record of excellence and his exem­ That's why I've introduced this bill. Let's tell works by Picasso, Modigliani, and Sam plary guidance of young people is legendary in our disabled veterans that we care about them Gilliam. They have generously supported the Liverpool, NY. and that we will fight for what's right. I urge development of the arts at the American Uni­ my colleagues to support the Fairness for Dis­ The memories students have of Oscar Jen­ versity, among others, and recently provided abled Veterans Act of 1996. sen will remain vivid. Parents, teachers, staff, the school with a naming gift for a gallery and administrators, and Liverpool fans will recall terrace in the university's new arts center. his strong leadership in the athletic program for many years to come. Mr. Speaker, I know my colleagues will join me in saluting the imaginative vision and com­ RED COLEMAN CELEBRATES 50 To relate his records briefly, in cross-country YEARS OF BUSINESS mitment that Dr. Katzen has given to the arts he won 207 meets, lost 99 and tied 1. He led and to the economic development of our com­ the team to be section Ill champions three munity. He is indeed well-deserving of this dis­ times and a State championship team in 1991. tinguished award. HON. EDDIE BERNICE JOHNSON In indoor track and field he won 4804 and lost OF TEXAS 500, tying 19. His teams were section Ill IN THE HOUSE OF REPRESENTATIVES champions eight times. In outdoor track and IN PURSUIT OF FULLEST POS­ field, he won 279 and lost only 43. His teams Thursday, May 23, 1996 SIBLE ACCOUNTING IN THE SO­ were OHSL Champions 14 times. He coached CIALIST REPUBLIC OF VIETNAM, six State champions. Ms. EDDIE BERNICE JOHNSON of Texas. JUNE 1994-JUNE 1995 Mr. Speaker, I rise today to congratulate Mr. Coach Jensen's career winning percentage Red Coleman and his family on the 50th anni­ for all three sports is 89 percent, an outstand­ versary of operating a successful, thriving ing tradition of excellence. Additionally, all his HON. DOUGLAS "PETE" PETERSON business in Dallas. Red Coleman, a good teams consistently finished with the top OF FLORIDA friend and consummate businessman, has schools in the State in academic achievement. IN THE HOUSE OF REPRESENTATIVES used his resources of leadership and edu­ This retirement follows his retirement 2 Thursday, May 23, 1996 cation to operate 12 Red Coleman's package years ago as a physics teacher. It frees him stores and 19 Red-E Mart convenience stores to pursue clinics and other training of coaches Mr. PETERSON of Florida. Mr. Speaker, throughout the Dallas/Fort Worth Metroplex. and athletes, some of whom will eventually today I want to enter into the RECORD a very reach world-class levels of competition. valuable, insightful personal experience mono­ Mr. Red Coleman and his wife, Frances, Oscar B. Jensen is an example of discipline, graph, titled, "In Pursuit of Fullest Possible Ac­ started their business in 1946 with one store counting in the Socialist Republic of Vietnam, on Forest Avenue. Since that time, his stores commitment and inspiration. He will be missed by the Liverpool community and respected for June 1994-June 1995," prepared by Lt. Col. have grown and prospered. Throughout all of Melvin E. Richmond, Jr. This paper captures his business dealings, Red Coleman has oper­ his accomplishments throughout school his­ tory. Colonel Richmond's unique experience while ated his stores with adherence to the highest assigned as commander of Detachment 2, ethical standards and a commitment to cus­ Joint Task Force-Full Accounting [JTF-FA], tomer service. IN HONOR OF CYRUS KATZEN in Hanoi, Socialist Republic of Vietnam. But Red Coleman's success in business is Colonel Richmond's account of his year of not only evident in the quality management of HON. THOMASM.DAVIS duty in Vietnam not only contains a factual his stores, but in the community in which he record of the activities of his command, but OF VIRGINIA lends his skills and time. He is someone who also takes the reader on a historical review of IN THE HOUSE OF REPRESENTATIVES believes everyone has a responsibility to give America's efforts to reach fullest possible ac­ back to our community-and he does it on a Thursday, May 23, 1996 counting of our missing servicemen in Viet­ daily basis. Mr. DAVIS. Mr. Speaker, it gives me great nam. Woven throughout his monograph is an Mr. Speaker, Red Coleman is a truly excep­ pleasure to rise and pay tribute to Dr. Cyrus authentic description of the level of coopera­ tional businessman and an outstanding person Katzen who is the recipient of the 1996 Presi­ tion his unit experienced while working with in Dallas. He, Frances, and their son Ronnie, dent's Award from the American University in the Vietnamese on a daily basis. when he joined the family business, are re­ Washington, DC. An exceptional member of A sensitive review of this impressive paper sponsible for making so many contributions to our local community, Dr. Katzen was recently will help many to better understand America's our community. I wish Red and his family an­ honored for his dedicated service to the arts, commitment to fullest possible accounting and other 50 years and more of success and hap­ education, and the Washington Metropolitan to see first hand the rigors associated with our piness with all their endeavors. community. efforts to reach that goal. 12492 EXTENSIONS OF REMARKS May 23, 1996 ABSTRACT the full accounting effort in Vietnam during culminated years of work to find and recover my tenure as Commander. I have begun with each set of remains. And now, more than 20 Author: Melvin E. Richmond, Jr. (LTC), a very brief history of the United States years after making the ultimate sacrifice for USA Government's (USG) effort to resolve this their country, these soldiers, airmen, ma­ Title: In Pursuit of the Fullest Possible issue and a description of how the USG offi­ rines, and sailors-some of God's noblest peo­ Accounting in the Socialist Republic of Viet­ cially accounts for its missing. I will then ple-were going home. nam, June 1994--June 1995 outline the preparations I undertook to as­ "War is always and will ever be obscene, Format: Personal Experience Monograph sume my duties, and describe the organiza­ but faced with a greater obscenity-slavery, Date: 5 April 1996 tion of JTF-F A in general, and Detachment I would fight. While war is obscene, those Pages: 118 2 in detail. The final two sections of the body who go forward, who charge the machine of the paper, contain an examination of the guns, who bleed, who go down to the aid sta­ Classification: Unclassified aspects of progress we made in resolving the tions and are put in body bags-they are not Some 2,157 Americans remain unac­ unaccounted-for issue, and close with lessons obscene, their sacrifices have no measure-­ counted-for as a result of the United States's I learned during my tenure that may be of theirs has a purity where mankind shines involvement in the war in Indochina; 1,610 in use to other military officers as they prepare and is beyond corruption. I am not blas­ Vietnam. In January 1992, the Department of for duties in similar circumstances. The les­ phemous when I say that in the brutality Defense organized Joint Task Force-Full sons concentrate on issues involving hosting and evil of war, soldiers who have offered Accounting and began an intensive effort un­ high level delegations, dealing with the themselves up so that their buddies may precedented in the history of warfare to ac­ media, cooperating with U.S. veterans orga­ live, have in them the likeness and image of count for its missing warriors. I was privi­ nizations, interacting with the Department God. And damn those who debunk courage, leged to participate in this effort as the of State, and working with the Vietnamese valor, fidelity, love of country, love of home, Commander of Detachment 2, JTF-F A from Government and people. For those who are family, hopes and dreams for a better tomor­ 10 June 1994 until 28 June 1995. The purpose unfamiliar with this issue, the annexes and row. Our soldiers give up much-that others of this paper is to describe the full account­ the glossary contain information that ex­ may live, not only in freedom but even lux­ ing effort in Vietnam and my experiences plains the terminology associated with this ury. They deserve our great, great gratitude during my tenure as Commander. The mono­ issue. and affection because they are willing to graph provides sufficient background and To set the stage for the remainder of this serve. They are some of God's noblest peo­ historical information to acquaint readers paper, it is important to emphasize that as ple." with the issue. Most importantly though, it the Commander of Detachment 2, I was an -General Cavazos. describes the progress the U.S. Government operator, not a policy-maker. President Clin­ EVOLUTION OF ACCOUNTING OPERATIONS made in resolving the issue while I was ton "normalized" diplomatic relations with The United States Government (USG) ef­ there. Finally, I presented a number of les­ Vietnam in July 1995, because Vietnam had forts to account for Americans still missing sons I learned as the Commander of Detach­ cooperated sufficiently in resolving the issue as a result of its participation in the conflict ment 2, especially regarding hosting high of Americans still missing in Vietnam. There in Southeast Asia have changed dramati­ level delegations, dealing with the media, co­ are still many steps yet to be taken, how­ cally since initial operations began under operating with U.S. veteran organizations, ever, before relations will be "normal." the auspices of the Joint Casualty Resolu­ interacting with the Department of State, These steps are contingent upon continued tion Center (JCRC). JCRC and its subsequent and working with the Vietnamese Govern­ progress by the Vietnamese toward resolving field activities came to being as a result of a ment and people. the issue of unaccounted-for Americans. The joint agreement between President Reagan's When a soldier was injured and could not President and Congress will determine when Presidential Emissary for Humanitarian Af­ get back to safety, his buddy went out to get the Vietnamese have progressed sufficiently fairs, General John Vessey (USA Retired), him, against his officer's orders. He returned to continue to move forward in our relations and SRV Acting Foreign Minister Tran mortally wounded and his friend, who he had with Vietnam. Quang Co. General Vessey helped establish carried back, was dead. The officer was Any inferences you may draw regarding the ground rules for joint investigations, angry. "I told you not to go," he said. "Now policy issues as you read this monograph are surveys, and excavations with the Vietnam­ I've lost both of you. It was not worth it." your own. I will lay out the developments as ese. The dying man replied, "But it was, Sir, be­ I saw them, but will try not to draw any con­ Joint field activities (JFAs) began rather cause when I got to him he said, 'Jim, I knew clusions regarding the level of progress. humbly.a JFA 1 lasted ten days, from Sep­ you'd come.'" i Where I state something as my opinion, it is tember 25, 1988 until October 4, 1988. The Vi­ "I knew you'd come." If I were to summa­ exactly that. It does not reflect the official etnamese permitted only enough American rize the efforts of the United States to re­ or unofficial positions of the United States personnel in-country to man two very small cover, identify and repatriate to the United Government, Joint Task Force-Full Ac­ teams and restricted the duration of oper­ States its missing servicemen, these four counting, the Defense POW/MIA Office ations to only ten days. The team arrived at words describe them best. Today there re­ (DPMO), or any other agency or individual. Noi Bai Airfield outside Hanoi aboard a sin­ main more than 78,000 Americans still unac­ gle USAF C-141 and brought all their equip­ Finally, participating in this effort is a ment with them, including four Jeep Chero­ counted-for from World War II and over 8,100 tremendously emotional experience. Never from the Korean War. As of February 'n, kees. The conditions were spartan to say the before have I had such a strong sense of con­ least. With no helicopter support and only 1996, there were 2,157 Americans still unac­ tributing to something so important. To a counted-for as a result of the United States four Jeeps, travel overland was agonizingly involvement in the war in Indochina. Quite person, every member of JTF-FA has a sin­ slow, and travel time was included in the naturally, most of those losses are in the So­ gle-minded purpose; to get the families the ten-day operations plan. The roads were answers they so richly deserve. I cannot even poor, there were virtually no telephones and cialist Republic of Vietnam, but there are begin to describe the flood of emotion we felt also Americans unaccounted-for in the Lao the teams were not allowed to bring radios Peoples Democratic Republic, the Kingdom whenever we found a tooth during an exca­ into country. Each team included a Team of Cambodia, and the People's Republic of vation, because we knew that it would, in all Leader (civilian linguist), a team analyst 23 likelihood, lead to an identification. I cannot (Military Intelligence specialist), and a China. explain the sense of satisfaction we got when In January 1992, the Department of Defense Search and Rescue specialist. They had no we unearthed two gold wedding bands and permanent base of operations in Vietnam, (DOD) organized Joint Task Force-Full Ac­ human remains when excavating an aircraft limited non-temporary storage (one small counting (JTF-FA) and assigned it the mis­ crash site thought to be that of two missing room in the basement of the Ministry of For­ sion to "resolve the cases of Americans still Americans. eign Affairs [MF A] Reception Hall), and they unaccounted-for as a result of the Southeast I believe Leslie Weatherhead's passage at carried everything with them. The first JFA Asian conflict through investigation, archi­ the opening of this paper best describes why required approximately three days' travel val research and remains-recovery oper­ those of us in JTF-FA felt our mission was just to reach the first investigation sites ations." 4 Thus began an intensive effort un­ so important. I normally recited her quote north and northwest of Hanoi. The teams precedented in the history of warfare to ac­ privately to our participants before every re­ had only about four days of intensive inves­ count for a nation's unaccounted-for war­ tigations for a total of six cases. They then riors.5 patriation ceremony to remind everyone of why we were there. Being in Hanoi and work­ needed three days to return to Hanoi where I was privileged to participate in this ef­ ing this issue day in and day out, it was easy they prepared to redeploy on Day 10. Need­ fort as the Commander of Detachment 2, to become somewhat hardened to the impor­ less to say, compared to today's JFAs, not JTF-F A from June 10, 1994 until June 28, tance of our mission. I believe the repatri­ much investigating took place. 1995. The purpose of this paper is to describe ation ceremonies were the heart and soul of Gradually, JCRC expanded the amount and what we did, and thought it was a good time type of equipment they maintained in Viet­ 1 Footnotes at end. to reflect on our mission. Each ceremony nam. On July 7, 1991, JCRC and the Central May 23, 1996 EXTENSIONS OF REMARKS 12493 Identification Laboratory, Hawaii (CILHI), the less difficult cases, assess our position, individuals still unaccounted-for. 942 of these opened what was known as the U.S. MIA Of­ and then concentrate on other more difficult individuals were lost in Vietnam. fice on the third floor of the Boss Hotel in cases. 2. Deferred-The review identified 159 indi­ downtown Hanoi. After the 15th JFA in Jan­ ACCOUNTING PROCEDURES viduals for whom the USG has exhausted all uary 1992, JCRC stood down. JTF-FA, the The USG accounts for missing Americans investigative leads, "and no further avenues parent organization of Detachment 2 in in one of three ways. The first, and most ob­ of pursuit can be identified. Although the in­ Hanoi, replaced it. JTF-FA, under the direc­ vious method is to discover a live American. vestigation of these cases is not complete; tion of its initial commander, Major General A live unaccounted-for-American has sur­ we (the USG) require additional information Thomas H. Needham, expanded investigative faced since Operations Homecoming in 1973.7 to develop new leads." 11 and recovery operations exponentially. The second method is through positive and 3. No Further Pursuit-The review identi­ By April 1993, teams were operating in nu­ legally sufficient identification of remains. fied 567 individuals still unaccounted-for merous provinces simultaneously with vir­ The last method of accounting for missing whom, "regardless of any future effort by tually unrestricted access to travel between Americans is by presenting compelling evi­ the U.S. Government and the governments of provinces as necessary. By the time of my dence that indicates the USG will not be able Vietnam, Laos, and Cambodia, their cases arrival in June 1994, we were deploying well to meet either of the first two criteria. cannot be resolved through the repatriation over 100 personnel into the country for each CILHI is responsible for identifying the re­ of remains." 12 JFA using multiple military and civilian air­ mains returned to its facility. Today, its pri­ PREPARATION FOR ASSUMING COMMAND craft sorties into three airports: Noi Bai mary means of identifying remains is by At the time of my selection for JTF-FA, I International Airport in Hanoi (northern op­ matching dental remains to the dental was commanding 1st Battalion, 26th Infan­ erations), the Da Nang International Airport records of unaccounted-for Americans. CILHI try, a basic combat training battalion at in Da Nang (central operations), and Tan also has the capability to identify remains Fort Jackson, South Carolina. Detachment 2 Son Nhut in Ho Chi Minh City (southern op­ through DNA matching. It is currently doing had two previous commanders prior to me, erations). JTF-F A had expanded operations this through the Armed Forces DNA Identi­ Jack Donovan and John Cray. All three of us from JCRC's initial two teams in country for fication Laboratory in Maryland. DNA were coming out of battalion command at ten days, to up to eight teams in-country for matching also has some practical difficulties the time of our selection. Additionally, each 30 or more days. We had over 100 Mitsubishi in that it usually requires a piece of bone had been selected to attend Senior Service Pajero 4-wheel-drive vehicles pre-positioned (approximately five grams) larger than the College which we had to defer for one year to throughout the country, three helicopters (2 fragments teams normally recover at the ex­ command Detachment 2. I was not scheduled MI-8s and 1 MI-17) available for movement of cavation sites. to give up command of 1-26 Infantry until personnel and equipment to sites inacces­ The third means of accounting for missing June 10, 1994, but because John had to return sible by vehicle, and had built three storage Americans is much less conclusive than the to CONUS to attend the United States Army buildings in the Ranch for team equipment. first two methods and to date, the USG has War College, I had my change of command During the period 1988-1991, both the U.S. not used it to account for unaccounted-for on May 10, 1994. Since command of the De­ and SRV sides went through a mutual and Americans. Over-water losses are the classic tachment is like no other job I had ever had, rapid education on the capabilities and in­ example of cases that might fall into this time was of essence to assure a good overlap tentions of the other. The "learning curve" category. In Vietnam alone, there are 449 un­ between John and me. I changed command at was steep. In the beginning, investigations accounted-for Americans believed to be lost 0900 on May 10 and flew to Washington, D.C. and excavations proceeded at a crawl. Today, over-water. The likelihood of finding a live at 1900 that evening. Luckily, my wife and I Vietnamese team leaders are active partici­ American or identifiable remains (or even were able to spend some time together dur­ pants in planning and preparing for each aircraft wreckage for that matter) in these ing two weeks of leave a couple of weeks be­ JFA. During my tenure, at the suggestion of over-water cases is extremely small. They fore my change of command. the VNOSMP, my specialists and Operations would be prohibitively expensive to pursue as a matter of policy. In Washington, my orientations included Officer met with the Vietnamese team lead­ briefings by the Army Service Casualty Of­ ers prior to each JFA to fully coordinate There are also numerous cases where iden­ tifiable remains are unlikely to be found. fice,13 the Defense POW/MIA Office (DPMO), every aspect of the operation. Instead of and the Vietnam/Laos/Cambodia Office of the halting operations in the middle of a JFA be­ Today there are numerous sets of remains stored at CILHI that are associated with spe­ East Asia Pacific Office at the Department cause an unexpected problem arose, the Viet­ of State. I also spent half a day with a public namese were now trying to anticipate prob­ cific cases (Le., teams excavated these re­ mains from sites positively correlated to a affairs orientation team from the USAF at lems and resolve them prior to the onset of the Pentagon. My time with the USAF and operations. specific loss, or the remains came to CILHI through unilateral refugee/turnovers that as­ USA Casualty Offices was extremely useful. Some have been critical of the rapid tempo sociated them with a specific individual), but The PAO orientation proved to be invaluable of operations of JTF-FA, characterizing it as the remains are insufficient for legal identi­ to me throughout my tenure.14 The other of­ "steam-rolling through Vietnam." They de­ fication. At some point, the USG must deter­ fices I visited appeared unprepared for my scribed the investigations as rushed and in­ mine whether further efforts, either joint or arrival and provided very little information complete, with !Es concentrating on the unilateral, to resolve the cases correlated to about the issue or my duties. number of cases they could close rather than these sets of remains are likely to bear fruit. John Cray attended about six weeks of Vi­ the quality of their investigations. This is an If not, accounting for these individuals using etnamese language training in Washington unfair description of early JTF operations the third means of accounting may be the prior to departing CONUS. Because of the and current operations verify this. During only reasonable option. limited time available, however, I did not its existence, JCRC-CILHI teams completed On November 13, 1995, the Defense POW/ have the same opportunity. It was not abso­ as few as 13 JFAs, 200 investigations, and 37 MIA Office (DPMO) published the results of lutely necessary that the commander receive excavations. By the end of my tenure as its comprehensive review of cases. The pur­ language training, but it would have been Commander, Detachment 2, in approxi­ pose of the study was to review all unre­ useful. Once I had my feet on the ground in mately the same amount of time as JCRC solved cases so as to: "(1) focus our (the Vietnam and had achieved a sufficient level had operated, JTF-FA had completed nearly USG) understanding on individual cases, (2) of proficiency in my duties, I hired a tutor to 1,400 investigations and approximately 200 provide the basis for a sound investigations teach Vietnamese to me. I met with him excavations. We did find that some of the strategy, and (3) define next steps for achiev­ about twice a week for an hour and a half early investigations could have been per­ ing the fullest possible accounting of Ameri­ each day. It was amazing how much my Viet­ formed better, and we reinvestigated them; cans missing in Southeast Asia." 8 DPMO as­ namese counterparts appreciated the fact some numerous times. sessed "each case, weighing all related infor­ that I was trying to learn their language. The fast pace in the early days of JTF-FA mation. including data collected through re­ Though I never became very proficient, I be­ allowed investigators and analysts to gather cent on-site American investigation and re­ lieve the very fact that I tried meant a lot to as much information as possible, about as search in Vietnam, Laos, and Cambodia. We the Vietnamese. many cases as possible, as quickly as pos­ (DPMO) found that for any case it is exceed­ After Washington, I flew to Honolulu, Ha­ sible. This is not testament to an ineffective ingly difficult to predict the extent to which waii for JTF-FA in-processing at Camp JCRC. Rather, it clearly demonstrates the evidence of knowledgeability by Vietnam, Smith. This included briefings from the increased priority this issue had accrued Laos, or Cambodia about some aspect of a PACOM staff and in-depth briefings by the with both the U.S. and SRV governments. U.S. loss could lead to an accounting of the JTF-FA staff. At the time of my arrival, Time is one of the JTF-F A's greatest en­ individual." 9 The report recommends the Major General Thomas H. Needham was the emies; witnesses get older and many pass "next steps" for the remaining cases as list­ Commander, JTF-FA. I had served as a com­ away, and the effects of the environment ed below.10 pany commander for 30 months under then continue to degrade the evidence it pos­ 1. Further Pursuit-The review identified LTC Needham in the 1st Battalion (Air­ sesses. The fast pace allowed us to complete further leads requiring investigation for 1,476 borne), 509th Infantry in Vicenza, Italy, so 12494 EXTENSIONS OF REMARKS May 23, 1996 we knew each other well. His in-briefing to would implement. The time with John was maining three Detachments in Southeast me was characteristically brief and easy to extremely valuable to me. Most importantly, Asia. Because we did not have a U.S. em­ remember. Despite the . fact that General John introduced me to most of the Vietnam­ bassy in Vietnam, Detachment 1 was our Needham gave up command on July 27, 1994 ese I would work with during my tour. In link to the rest of the world. They purchased to Brigadier General Charles Viale, I found Vietnam, it is always better to have someone many of our groceries from the U.S. embassy his guidance worthwhile to heed throughout the Vietnamese knew well available to intro­ commissary in Bangkok, and we flew them my tenure. His guidance included: duce you. into Hanoi once or twice a month on a space 1. If it ain't broke, don't fix it. On June 10, 1994, after a month of in-brief­ available basis. Detachment 1 was also our 2. There can always be improvement in the ings and travel, I assumed command of De­ postal connection. All mail for Detachment 2 quality of reports. tachment 2. The goodbyes were very emo­ went to Detachment l, and they held it until tional for John. He had become very close to someone came to Hanoi. Mail was extremely 3. Work on the quality of chow at the important to us, and the standing JTF rule Ranch. the members of Detachment 2 during his ten­ ure. I was extremely grateful to John Cray was that nobody left Bangkok for Detach­ 4. Know the helicopter contract. When and for his kindness as I tried to learn the ropes. ment 2 without picking up the mail. Even what triggers increased costs? In July 1995, during my out-briefing with the CJTF helped us out in this regard by al­ 5. Dealing with the press. Tone down the Lieutenant General David Bramlett, Deputy ways picking up the mail when he passed adjectives; i.e. "Continue high level of sup­ Commander in Chief, Pacific Command through Bangkok en route to Hanoi. Like­ port consistent with pre-embargo lifting." (DCINC), I credited much of my success to wise, nobody left Hanoi for Bangkok without 6. Read SOPs and Policy Letters, Com­ my predecessors; Jack Donovan and John taking our mail out. mand Letters and Trip Notes. Cray. I did not do that out of false humility, The only other Detachment I had regular 7. There is a folder for every past JFA­ but out of the reality that it was their ef­ contact with was Detachment 3 in Laos. Read them. forts that laid the groundwork for the There was a lot of coordination involved 8. Look at deficit repairs for the Ranch. progress we made during my tenure. They with trilateral operations, and LTC John See if they are really necessary. built the organization and set the systems in Twohig (my counterpart in Laos) and I spoke frequently to coordinate them. 9. Keep the boss informed. place. All I had to do was sustain their sys­ tems, tweak them here and there, take care The mission of Detachment 2 is to "coordi­ Though I worked on all of these, there of the troops, and continue to nurture our re­ nate all United States Department of De­ were three I tried to always keep uppermost lationships with the Vietnamese. It was pri­ fense efforts in Vietnam to achieve the full­ in my mind and were instrumental in what­ marily John Cray though who positioned me est possible accounting for Americans still ever success I may have had; keep the boss well for success and I will always be grateful unaccounted-for as a result of the war in informed, watch my adjectives, and keep the to him for the unselfish manner in which he Indochina." The USG knows that it will boss informed. prepared me to assume my duties. never resolve every case, thus the require­ After an intense schedule in Hawaii, I flew COMMAND AND CONTROL ment to provide the fullest rather than a full to Southeast Asia. My first stop was Bang­ accounting. Detachments 3 in Laos and 4 in kok, Thailand. I checked into what would be­ The command and control scheme for JTF­ Cambodia have missions similar to Detach­ come my "home away from the Ranch," the F A is, by design, very clean. There are very ment 2 with the additional requirement of Imperial Hotel. The Imperial staff had few intervening headquarters between the supporting the Ambassador's country team. hosted JTF-FA teams for years and treated troops in the field and the highest level of During my tenure as Commander of Detach­ us all very well. the government. One very important "agen­ ment 2, the United States and Vietnam did While in Bangkok, I had to in-process at cy" not included in the command and con­ not have diplomatic relations. As a result, I the embassy and then received the Detach­ trol structure is the fam111es of the unac­ did not have this requirement. ment 1 in-briefing from LTC Dave Geraldson counted-for, but it is the families that are al­ Work at Detachment 2 was essentially a (USAF), the Commander of Detachment 1. ways uppermost in the mind of every mem­ seven-day-a-week proposition, but I endeav­ Because the Detachment 1 position was a ber of the JTF. Although there is no direct ored to be as flexible as possible regarding three-year assignment, Dave had been with contact between the families and the JTF individual schedules. Because the intensity the JTF since its inception. He had a wealth personnel in the field, everything we did, ev­ of our work varied from time to time and of knowledge about the issue and was a good erything we discovered, was shared with the section to section, I tried not to watch the friend throughout my tour. While I was in families. The conduit between the JTF and clock. I expected Detachment personnel to Bangkok, the 29th JFA was redeploying out the families is the respective Service Cas­ work when they needed to work, but to take of Vietnam into Thailand. JFA report writ­ ualty Branches. some time off when their responsib111ties al­ ing always occurred in Bangkok, so I was The CJTF-FA works directly for the lowed it. I did require them, however, to in­ able to watch John go through the entire re­ CINCPAC. Despite having a very close rela­ form their supervisor of their whereabouts if port writing sequence. tionship with the Defense POW/MIA Office they were not in their office in the event an From Bangkok, I accompanied General (DPMO) and always being very conscious of issue arose. The high quality personnel as­ Needham to Phnom Penh, Cambodia. We their operations and influence, we were not signed to the Detachment allowed me to ex­ stayed there only three days (two nights), in their chain of command. The CJTF ercise this level of flexib111ty without worry­ and Major Tony Lowe (USAF), the Detach­ seemed to take it as his and his staff's re­ ing about the quality of work degrading. As ment 4 Commander, briefed me on his oper­ sponsibility to shield the Detachments in the much as possible, I tried to give the Detach­ ation. Things were pretty slow in Cambodia field from inquiries and directives from any­ ment Sundays off, but there was always at that time. Two of our helicopters had one except JTF-FA Headquarters and they some work members of the Detachment had been shot at and hit some months earlier did this extremely well. I rarely spoke di­ to accomplish on Sunday, especially during (possibly by local bandits) and the Khmer rectly with anyone involved with this issue JFAs. Since Monday in Vietnam was Sunday Rouge had been active, so the CJTF-FA had who was not in my chain of command, and in Hawaii, we did not receive many calls suspended field operations in Cambodia out when I did, I always cleared it with the CJTF from the Headquarters on Monday. This en­ of security concerns. The last thing any of us or DCJTF first. abled me to give the Detachment Monday wanted to do was to hurt or kill an American Until about December 1994, our primary mornings off, thus giving them two evenings today while recovering the remains of an means of communication with JTF-FA a week when they knew they would not have American who died over 20 years ago. Field Headquarters was via telephone conversa­ to work the next morning. operations in Cambodia did not resume until tions and fax. This was extremely expensive. Much of our work schedule revolved late-fall 1994. In December, JTF-FA established an E-mail around the time difference between JTF-FA With my in-briefings complete, I flew into network between it and all the Detachments Headquarters in Hawaii and our office in Hanoi with General Needham and began 10 in the field. This cut costs dramatically and Vietnam. We were about 19 hours ahead of days of overlap with John Gray. I was able to also made it easier to send correspondence Hawaii. The CJTF prohibited the JTF-FA do almost everything related to JFAs once between elements of the JTF. staff from telephoning us prior to 0730 Viet­ with John prior to having to do it on my own As depicted in Figure 3, JTF-F A is orga­ nam time unless it was an absolute emer­ after his departure. The only exception was nized into a headquarters element stationed gency. This precluded us from being hounded deploying the teams into Vietnam from at United States Pacific Command at all hours of the very early morning about Pattaya, Thailand. I attended a Technical (USPACOM) Headquarters, Camp Smith, Ha­ issues that were not urgent. Our work day Talk with the VNOSMP, attended Provincial waii, and Detachments 1 through 4 posted in began between 0700 and 0730 Tuesday through Coordination Conferences in Ho Chi Minh Bangkok, Thailand; Hanoi, Vietnam; Saturday, and at 1130 on Mondays, and con­ City, Da Nang and Hanoi, observed a Joint Vientianne, Laos; and Phnom Penh, Cam­ tinued until our work was complete. During Forensics Review and a Repatriation Cere­ bodia, respectively. Deteachment 1 is the ad­ a JFA., we normally worked until about 2100 mony, and helped plan the next JFA that I ministrative and logistical hub for the re- everyday. May 23, 1996 EXTENSIONS OF REMARKS 12495 Other than the normal day-to-day oper­ pace and the Deputy must be able to coordi­ issue today. He is a fluent Vietnamese lin­ ation of the Detachment, we undertook nate field activities, manage aviation re­ guist and can totally immerse himself in the seven basic tasks: 1) investigate live sighting sources, and coordinate and execute Vietnamese culture as required. He accom­ reports, 2) conduct joint investigations and logistical resupply of the teams, with very panied me to most meetings during delega­ recoveries, 3) conduct historical and archival little or no supervision. tion visits as he was one of the few people research, 4) interview witnesses and officials Several of the officers the Air Force nomi­ who both understood the issue and under­ and analyze information and "leads" in the nated for the Deputy position had intel­ stood Vietnamese. He was able to convey field, 5) coordinate and support teams in the ligence backgrounds. I was very leery of ac­ some of the nuances of what the Vietnamese field, 6) participate in technical meetings, cepting an officer whose record reflected said during the meeting that others would and 7) represent the USG in repatriation this, as I was concerned that the Vietnamese miss. Bob was amongst the first Americans ceremonies. To effectively accomplish each might look at this assignment suspiciously. in-country in the early 1960's and has been in of these tasks, we organized the Detachment. We worked very hard to convince the Viet­ and out of Vietnam ever since. He was the Historically, the Commander of the De­ namese that our only purpose for being in single most important person to me as I was tachment has been a combat arms lieutenant Vietnam was to resolve the unaccounted-for beginning to learn the issue. If Bob had a colonel who had successfully commanded at issue, and that we had no interest in gather­ fault, it was that he is a perfectionist and the battalion level, and was either a Senior ing other types of information. Mr. Le Mai, sometimes got mired in the details of a par­ Service College selectee or graduate. Some the Vietnamese Deputy Minister of Foreign ticular issue. This said, his reports were al­ have argued that the commander should be a Affairs, remarked to my Detachment Histo­ ways extremely detailed, complete, and au­ foreign area or intelligence specialist. The rian during a dinner toward the end of my thoritative. Bob knew the background of fact is, however, that the Commander is pri­ tenure, that they had initially thought we every aspect of this issue, and willingly marily an "operator." The skills normally had "other purposes" for being in Vietnam, shared it with anyone interested. It was a associated with a combat arms officer are but that now they knew that we were there great loss to the Detachment when he re­ the skills required of the Detachment Com­ for only one purpose, to resolve the issue of turned to the United States. I always took mander; i.e., motivate personnel, deal effec­ unaccounted-for Americans. I worked ex­ great comfort in being able to walk down­ tively with people, manage resources and tremely hard not to violate that trust as I stairs to his office whenever I needed assist­ people over vast distances, coordinate avia­ thought it would be extremely detrimental ance. tion assets, and resupply activities, etc. to the issue 1f the Vietnamese ever perceived At various times, additional personnel The Commander serves in this position for that I was violating that trust. Assigning an come under the command and control of De­ 12-13 months. Once again, some believe that officer with an intelligence background to tachment 2. Whenever there is a live-sight­ the turbulence associated with a one-year the Detachment could have given that per­ ing to investigate, Stony Beach, the Defense tour for the Commander is detrimental to ception to the Vietnamese. Intelligence Agency office in Bangkok, Thai­ the effort. I believe maintaining it as a one The Detachment had the normal adminis­ land, dispatches an investigator to inves­ year tour is one of the keys to preserving the tration, operations and logistic sections of tigate the report. Though this investigator credibility of the organization. The unac­ any military organization. A long-term works directly for DIA, as soon as he enters counted-for issue is a very emotional one, member of the Detachment directed each; Vietnam, he comes under Detachment 2 for not only for the families, but also for those Administration-an Army Staff Sergeant or the duration of his investigation in Vietnam. of us who worked so hard to resolve it as Sergeant First Class, Logistics-a DA civil­ The largest group of "temporary" person­ fully as possible. As one works the issue, it ian under a two-year renewable contract, nel directed by Detachment 2 is the Inves­ is very easy to develop strong personal opin­ and Operations-an Air Force Major and Air tigation/Recovery Team (!RT) that enters ions about it, and those associated with it. It Force Technical Sergeant or Master Ser­ the country every other month for Joint is also not difficult to develop relationships, geant. Field Activities. Each IRT consists of well either positive or negative, with the Viet­ The final section organic to the Detach­ over 100 specialists who fan out across the namese officials with whom you work and ment was the Casualty Resolution Section country to investigate leads and interview this could effect negotiations. The bottom (CRS), Mr. Gary Flanagan, a retired USAF witnesses, and conduct recovery operations. line is that individuals who work this issue linguist/analyst, directed the operations of For most of my tenure, the IRT consisted of for an extended period of time begin to de­ the CRS. Gary has been working this issue two Investigation Elements (IE) and six Re­ velop an "agenda." As soon as this happens since October 1987, initially with the Joint covery Elements (RE). you are likely to lose your credibility with Casualty Resolution Center and then with The mix of !Es and REs varies depending the families. the JTF. Gary is one of those threads of con­ upon constraints the Vietnamese impose and One of the Commander's primary respon­ tinuity I spoke of earlier. For a new com­ the work-load we had to accomplish. In the sibilities is to ensure that personal opinions mander coming into the Detachment, much early days of the JTF, the Vietnamese lim­ and agendas do not develop to such an extent of what occurs doesn't always make sense, ited the number of personnel it permitted that they cloud the facts. When a new officer and dealing with such a different culture is into the country, however, they became assumes duties as the Commander, he views often frustrating. Gary was extremely skill­ much more flexible in adjusting these num­ the issue with a new set of eyes, and this is ful in explaining the historical basis for var­ bers to the needs of the mission. The JTF desirable. For those who believe that a one ious methods, and often kept me out of trou­ has investigated every case at least once, year tour for the Commander is detrimental ble by recommending techniques for getting many numerous times. As such, in early 1994 in terms of continuity, I must add that there things done with the Vietnamese. it changed the IE/RE mix from three IEs and are numerous experts available to the Com­ Gary directed the efforts of the Research & five REs to the current ration. The JTF has mander who provide advice and expertise Investigation Team (RIT). The RIT is a six­ between 40 and 50 cases scheduled for recov­ that more than compensate for this lack of person team that deploys to Vietnam for a ery in Vietnam, and on average, an RE can experience. period of four months. the JTF manned the complete two recoveries each JFA. To facili­ Besides the Commander, there were nor­ RIT with the most skillful Vietnamese lin­ tate the backlog of recoveries, JTF-FA in­ mally five other long-term members of the guists and analysts assigned to the JTF, and creased the number of REs to six. Detachment (i.e., longer than one year). The the team works its most difficult cases. It is During most JF As, the IEs and REs were Air Force provides the Detachment's Execu­ responsible for archival research, oral his­ dispersed throughout Vietnam. The primary tive Officer/Operations Officer. This individ­ tory interviews, special remains and priority means of contact with them was telephone, ual is normally a relatively senior, experi­ case investigations, and walk-in interviews.is if that was available, and HF radio when the enced and successful Air Force Major who As we near the "fullest possible accounting" teams were operating in remote sites. The had extensive experience in operational du­ and large-scale Joint Field Activities be­ Detachments in Laos and Cambodia commu­ ties. I screened numerous files to identify a come less productive, the RIT will provide nicated with their teams in the field via successor for the incumbent while I was the organizational and operational design for SATCOM radio, which was much more reli­ there. When examining records, I focused on continued efforts well into the future. able than the HF. This was a major issue be­ several professional attributes. First, was he/ Though he returned to Washington, D.C. tween the USG and the Vietnamese. We re­ she capable of assuming full command of the toward the end of my tour, Mr. Bob Destatte quested permission to use SATCOM continu­ Detachment? In the 13 months I commanded, was an invaluable asset to me throughout ously. We felt it was a safety issue with the I went on TDY over 40 times. During my my tenure. He was the Detachment's Re­ teams (U.S. and Vietnamese) in the field. R&R period at Christmas, I was away from search Historian, assigned to DPMO, but at­ There were times when I was out to touch the Detachment for two weeks. The Deputy tached to Detachment 2 as DPMO's in-coun­ with teams by radio for up to four consecu­ had to be fully capable of assuming com­ try analyst. I don't think there are many tive days. Communications between the De­ mand of the Detachment in my absence. Sec­ who are familiar with this issue who would tachment and two teams in the field became ond, I looked for operations experience. Op­ argue against me when I say Bob is the most so bad during one JF A that I had a heli­ erations at the Detachment run at a fast knowledgeable individual involved with this copter fly to the site every other day to 12496 EXTENSIONS OF REMARKS May 23, 1996 check on the team. This was a very expen­ vestigations, and support for joint field ac­ sessment to the policy-makers. The discus­ sive proposition, but work at remote sites tivities (JFAs). The President has continued sions that follow are the elements of can be very hazardous and I could not risk to stress these areas even as the United progress I deemed significant during my ten­ not knowing their situation. Every visiting States begins to engage Vietnam in other ure. This was the information I presented to delegation raised the SATCOM issue at the issues of concern. visiting USG officials. highest levels of the Vietnamese Govern­ I considered sufficient progress in the RECOVERY AND REPATRIATION OF REMAINS ment, but they never acceded to our request. President's four areas our end state, despite Since the end of our involvement in the Admiral Macke, CINCPAC, even assured the the fact that tangible evidence of progress is Vietnamese that we would use only conflict in Indochina in 1975, the remains of a difficult end state to define. Although as a 428 individuals have been repatriated to the unencrypted systems and went so far as to military officer I am much more comfortable United States and positively identified. offer to provide the Vietnamese a SATCOM when I have an end state that I can clearly station to enable them to monitor our com­ Recovery and repatriation of remains enunciate, I soon discovered that when deal­ showed strong progress during my tenure. On munications. We had nothing the hide. Their ing with emotional that have great political reasoning for denying our requests was that the surface, this indicator of progress is rel­ consequences at the highest levels of the atively easy to measure. Ostensibly, all that they did not have the regulations in place to government, clarity of the ultimate objec­ control satellite communications. They pos­ should be necessary is to count the numbers tive is often difficult to define more pre­ of remains we recover in the field and subse­ ited that granting us the authorization cisely. opened the door for others to use it. While I quently repatriate to the United States. Nev­ The press often asked the question; " When ertheless in just about every aspect of this never quite understood their position, I will all this end?" My answer to this was al­ never made any progress in changing it. issue, you can look at the results in two ways that their question was one for the pol­ ways. Executives of the National League of I had a very direct and close relationship icy-makers; i.e. President Clinton, members Families (NLF) i1 contend that the only with the Vietnamese Government. Until the of Congress, the Secretary of State, etc. I meaningful way to measure progress in this opening of the United States Liaison Office was merely an operator in the field. It is, area is by the number of unaccounted-for (USLO) in Hanoi, I was the senior USG rep­ however, my opinion that the effort will Americans that have been identified posi­ resentative in Vietnam. Even after it opened, never end. "End" connotes finality, a ceasing tively. Since January 1992 when the JTF I remained the primary point of contact in of all efforts. Today, we are still finding re­ began operations, CILID has identified 110 Vietnam concerning the issue of missing mains of unaccounted-for-soldiers from previously unaccounted-for Americans. The Americans. My direct counterpart in the Vi­ World Wars I and II, and the Cold War. Task NLF points to this relatively low figure etnamese Government was the Director of Force-Russia is searching the archives and when compared with the total number of un­ the Vietnamese Office Seeking Missing Per­ records of the former Soviet Union in an ef­ accounted-for as evidence of slow progress in sons (VNOSMP). During most of my tenure, fort to resolve losses from the Cold War era. recovering and repatriating remains and a this was Mr. Vu Chi Cong. The VNOSMP con­ We have yet to search the areas in North lack of cooperation by the Vietnamese. On tained representatives of the Ministries of Korea where we lost America soldiers, and the other hand, you can look at the number Foreign Affairs (MF A), National Defense last year, a group in Canada even unearthed of remains that have been repatriated in (MND), and Interior (MOI). The MFA coordi­ the remains of an American lost during the that same period, consider that more than 20 nated the operation for the Vietnamese as War of 1812. As long as we have Americans years have passed the losses occurred, and they are the ministry responsible for dealing unaccounted-for in Southeast Asia, I do not develop entirely different conclusions re­ with officials from other countries. The MND believe our efforts will ever entirely cease. garding the success of JTF operations. I con­ and MOI had representatives in the VNOSMP Rather, if at some point our efforts become tend that the JTF and CILHI have been high­ because they are the two ministries who less productive (i.e .. a significant diminution ly successful in recovering and repatriating would have collected and stored information in successful investigations and excavations) remains. during the war regarding U.S. service men; the means by which we seek to achieve our MND for obvious reasons, and MOI because The difficulty of locating remains was ends, the fullest possible accounting, may clarified for me when teams excavated the they were responsible for the administration evolve. of POW camps and the prison system. former Lang Vei Special Forces Camp in By definition, JTFs are temporary. At Quang Tri Province to search for five unac­ I found the VNOSMP to be very helpful and some point in the future, it is reasonable to counted-for Americans. The JTF had exca­ open to our effort. I had easy access to the envision an organization such as CILID con­ vated this site twice previously without suc­ VNOSMP. Mr. Cong even gave me his home trolling the entire accounting effort in cess. IN February 1995, we brought Major telephone number in the event an emergency Southeast Asia. There might be a small team (Retired) Frank C. Willoughby to Vietnam to arose after normal duty hours. of investigators such as the current RIT that assist us in our efforts. Mr. Willoughby had In sum, the organization and command and remains in Vietnam to pursue leads as they designed and built the camp, and commanded control structure I worked under was very develop. As the small in-country team dis­ it at the time of the incident in 1968. Upon effective. I had one boss, the CJTF, and he covers likely sites for excavation, an RE his arrival at the recovery site, MAJ and his staff never hesitated to run inter­ from CILHI could deploy to Vietnam to exca­ Willoughby reconnoitered the area our teams ference for me as necessary to keep other vate that location. Whenever we have infor­ had excavated during previous JFAs as they agencies from distracting our efforts. The mation that leads us toward resolving a case, tried to find the camp's Tactical Operations CJTF never micro-managed my operations I believe we will follow it. Center (TOC). It was in the TOC where one of and allowed me great leverage in how I ac­ The USG hinges future relations with the the five missing Americans had been seen complished the Detachment's mission. This Vietnamese on progress toward the account­ last. flexibility was very important to my credi­ ing effort. It is also critical to understand Mr. Willoughby thought that given the old b111ty with the Vietnamese, as they knew how the Vietnamese view their assistance in maps and descriptions of the area, the areas that I was entrusted to make decisions and this endeavor. When negotiating with the Vi­ where we excavated were reasonable loca­ to follow through on those decisions. Despite etnamese and when speaking with the press, tions to dig. However, after a couple of days the freedom of action he allowed us, the it is important to keep in mind the Vietnam­ to orient himself on the ground, Mr. CJTF was always there to support us when ese Government's official premise for cooper­ Willoughby suggested excavating for the necessary. I was well staffed with some of ating. Vietnamese officials repeatedly re­ TOC some 50 yards from the previous loca­ the best soldiers, sailors, airmen, marines minded visiting delegations that they con­ tions. He also confirmed the location of the and civilians I have ever worked with. The sider this issue a "humanitarian" issue and camp's Observation Post (OP) and a 4.2-inch Vietnamese ensured that I had direct access that they cooperate because it is the right mortar pit where the four remaining service to the necessary agencies in their govern­ thing to do. Their cooperation does not de­ members were last known to be. After sev­ ment whenever necessary. The command cli­ pend on closer relations, financial assist­ eral days of excavating, we found the rem­ mate truly provided an environment that en­ ance, etc. This seemed to me to be a very im­ nants of the TOC, one bone fragment and one sured our success. portant point with the Vietnamese. I felt it possible bone fragment. Still visible on the PROGRESS TowARD THE FULLEST POSSIBLE was the basis for their position that their co­ concrete floor of the TOC were the scars ACCOUNTING operation would continue until we resolve made by hand grenades the attackers threw In March 1992, President Clinton validated the issue to the satisfaction of the USG. down the bunker's air vents. former President Bush's four areas requiring As I said earlier, it was not my responsibil­ Since the war, the local Vietnamese had tangible evidence of progress by the Viet­ ity to assess the amount of progress we used the site of the camp as a "quary" for namese as a precondition to normalizing re­ made; those were policy decisions. It was my materials to build Highway 9, and dramati­ lations: (1) repatriation and identification of job to identify means of effectiveness of joint cally changed the nature of the terrain. Mr. remains, (2) access to documents, (3) tri­ and unilateral efforts. I endeavored to pro­ Willoughby thought that the remains of his lateral cooperation. and (4) progress in re­ vide relevant facts pertinent to each of the soldiers had most likely been in the area of solving priority cases and live sighting in- President's four areas, and then left the as- where the Vietnamese had quarried, and May 23, 1996 EXTENSIONS OF REMARKS 12497 were thus irretrievably lost. I firmly believe that the Vietnamese Government is with­ namese officials. They are concerned that that without Mr. Willoughby's on-site holding remains and information concerning force would discourage other citizens from knowledge we would not.have found the site. missing Americans. Thus, they reason that coming forth with remains or information. During one of my visits to the site, Mr. only the Vietnamese can resolve these cases Besides;·the remains could have been any­ Willoughby and I sat on a hill in the middle and they could do so by simply handing over where, and if he had hidden them, the likeli­ of the old camp and he recounted the day of the information or remains they possess. I hood of finding them would have been very the battle for me. As we looked west from am not in a position to conclusively state slim. Case 0954 is an example where the Viet­ the hill, we could see Laos which the attack­ where the truth in this matter lies. I do namese process of patient persuasion seems ing Vietnamese had used as a sanctuary. know. however, that unilateral operations to have worked. This battle was the first of the war when the are a poor substitute for joint investigations Vietnamese used tanks to attack the Amer­ and research. Unilateral operations do not Nevertheless. I did get the impression that ican positions, and is the subject of a book result in near the quality of work joint oper­ when persuasion failed, SRV officials were by David Stockwell entitled, Tanks in the ations do. not hesitant to enforce the law. During the Wire. 1s We could probably see about two Another aspect of our requests for more 32d JFA, SRV officials confiscated remains miles distant, and he said that at the time of unilateral efforts on the part of the Viet­ from an SRV citizen who demanded com­ the war. all that we were now surveying was namese that I felt was important was the pensation for them. The officials later pro­ triple canopy jungle. Today, the view encom­ lack of credence we sometimes attached to vided them to our team members. Seeking passed only rice paddies between the camp their results. Time and time again. I saw in­ compensation for remains is not an uncom­ and the Laotian mountains. He said that the dividuals both inside and outside the USG mon occurrence. Vietnamese citizens will hill we were sitting on was a good ten to 12 criticize the results of Vietnamese unilateral often approach team members in the field, or feet taller during the war. and that the bull­ efforts simply (in my opinion) because their they will even come to "The Ranch" to offer dozing of the hill for road materials had results did not coincide with the results they remains or information in exchange for changed its appearance dramatically. expected. In my opinion, if we ask the Viet­ money, gold, or a visa to the United States This story clearly demonstrates the prob­ namese to investigate cases unilaterally, for themselves or a relative. In all cases. our lems associated with time. More than 20 then when they do we have a certain obliga­ answer was that under no circumstances years passed since the incident of loss. Not tion to accept the results of their efforts. I would we compensate them for remains or only was it likely that the environment had am not saying that we should uncondition­ information. Rather. we encouraged them to eroded whatever remains the ground held, ally accept every report just because the Vi­ provide the remains for information as an but it was obvious that "man" had changed etnamese say it is accurate. What I am say­ "act of compassion to help resolve this hu­ the terrain. The terrain changes and the ing is that if we are unwilling to accept their manitarian issue." In most cases. the citi­ memories of witnesses fade. There is an ele­ results whatever they might be, then maybe zen, seeing he was not going to receive any­ ment of luck involved every time we find re­ we should reconsider the value of requesting thing in return, handed over the remains or mains. To be able to then identify the re­ the unilateral activity in the first place. provided the information anyway. mains is even more fortuitous. We should keep in mind that unilateral I need to digress from the subject of repa­ work by the Vietnamese precedes everything Refusing to "buy" remains or information triation of remains to further elaborate on we do. There is no way we could find wit­ was an important position for the Vietnam­ Mr. Willoughby's trip. Though I barely got nesses to interview, documents to analyze or ese Government as well as ours. Vietnam is to know him, Mr. Willoughby will always be sites to excavate without prior work by the an extremely poor country. If word spread one of my heroes. It was a very emotional Vietnamese; never have-never will. Ap­ that the USG was "paying" for remains, trip back for him, but one which I think proximately ten days before every JFA, the some Vietnamese. not realizing that we can helped him close an open chapter in his life. Vietnamese team leaders begin to coordinate differentiate between remains belonging to a During one of my visits to Lang Vei, I with provincial officials, reconnoiter sites, Southeast Asian Mongoloid and an Amer­ brought a television crew from KCRA tele­ search for witnesses. and arrange for their ican, would begin "robbing graves" through­ vision in Sacramento, California. While presence. Thanks to their preliminary ef­ out Vietnam in hopes of earning money. interviewing Mr. Willoughby, the commenta­ forts, when American team members arrive, Rather than helping our efforts. this would tor asked him why he returned to Vietnam we can maximize the time in-country. Addi­ likely cause many Vietnamese to resent the to help us. Although I do not remember the tionally, the Vietnamese provide unilater­ results of our efforts. exact wording, Mr. Willoughby replied by ally almost half of all remains that we ob­ saying that he was the Commander at the During my tenure, there were several cases tain. of individuals absolutely refusing to hand time they evacuated the camp, forced by In June 1994, a Vietnamese citizen from enemy action to leave five of his soldiers be­ over remains they had without some type of Son La Province contacted Detachment 2 of­ reward. In some instances the Vietnamese hind. During the war, he always felt it his ficials stating someone he knew in Son La duty to do everything he could to bring his were able to document repeated attempts by had remains of an American service man. the same individuals to sell remains. I know soldiers home. The passage of time had not During the interview, he produced a dog-tag relieved him of his duty, for he was still of at least two successful prosecutions of impression correlating to Case 0954 to the "remains dealers" while I was in Vietnam. their commander. Over 25 years passed since Casualty Resolution Section at Detachment the incident, but duty to his soldiers still 2. We sent an official from our office and one The Vietnamese also appeared to act uni­ drove this great American--one of God's no­ from the VNOSMP to Son La to meet the in­ blest people. laterally in cases that might involve some dividual who allegedly had the remains. Al­ sensitivity with the Vietnamese populace. I also had the opportunity during this visit though the individual in Son La denied hav­ During the 34th JFA, Vietnamese authorities to learn about another aspect of this issue. ing any remains, the witness who gave us the in Ben Tre Province unilaterally excavated a After the television crew interviewed Mr. information in Hanoi insisted that this was site in a War Heroes Cemetery. Past inves­ Willoughby, they turned to one of my the correct individual. At that time, we were tigations of this case led us to believe that VNOSMP counterparts, Senior Colonel unable to obtain the remains, but the Com­ the Vietnamese had buried an unaccounted­ Bien 19 asking him for his impressions of our mander of the local Border Defense Forces efforts. SRCol Bien said that he had lost four for American in the cemetery inadvertently. pledged that he would continue to inves­ Provincial officials were very sensitive about brothers during their "war for independ­ tigate this case and recover any available re­ ence," one of whom was lost in the same the possibility of angering the villagers if mains. In January 1995, we received the re­ they saw Americans excavating in their War area near Highway 9. Unfortunately, this mains from the VNOSMP and in February brother is still missing. SRCol Bien said that Heroes Cemetery. The provincial officials 1995, we repatriated the remains to the disinterred several graves during the evening many members of his family criticized his ef­ United States. forts to help the USG account for its miss­ when they would not be observed by the vil­ ing, when he cannot even account for his own This was an important lesson for me in lagers, and presented the remains to a JTF­ brother. The commentator then asked how dealing with Vietnamese authorities. When FA anthropologist waiting nearby for exam­ he answered their reproaches. SRCol Bien re­ the Vietnamese citizen initially refused to ination. Unfortunately, he determined all plied very curtly, "I tell them that I help be­ give us the remains, I felt that the SRV offi­ the remains to be of Southeast Asian origin. cause it is the right thing to do." cials should have searched his home and be­ The importance of this episode, however, is longings and confiscated the remains. After the level of cooperation it demonstrates. Unilateral Activities by the Vietnamese to Re­ all, it is against the law in Vietnam to hoard cover Remains Could this have occurred in Arlington Na­ remains or demand compensation for them. I tional Cemetery. the final resting place of During my tenure, delegations continually soon learned, however. that the Vietnamese many of our war heroes? stressed that the Vietnamese needed to work continually stress that they prefer persua­ more unilaterally to resolve this issue. Some sion rather than force to entice Vietnamese In another development regarding unilat­ stress unilateral action because they believe citizens to turn remains over to U.S. or Viet- eral efforts by the Vietnamese to develop 12498 EXTENSIONS OF REMARKS May 23, 1996 "leads" concerning unaccounted-for Ameri­ she feared for her life. The IE team leader Joint Document Center (JDC) in a wing of cans, the Vietnamese government unilater­ agreed to meet with her and she related a their Central Army Museum in Hanoi. The ally tasked the Ministry .of War Invalids, So­ fantastic story of intrigue. She said that a JDC serves as a permanent location dedi­ cial Welfare and Labor (responsible for ac­ very "reliable" Vietnamese man had con­ cated to·the joint review of any artifacts or counting for the over 300,000 missing Viet­ tacted her and offered to lead her to where documents researchers might discover. De­ namese from the war) to coordinate their ef­ he knew there were a number of dog tags and tachment 2 and VNOSMP analysts man the forts with those of the VNOSMP. Now, before remains of missing Americans. She knew he JDC on a daily basis. their investigators travel to the various was reliable because he did not ask for any Providing archival information to the USG provinces, they take with them a list of un­ money for the items, only some compensa­ presents an interesting dilemma to the Viet­ accounted-for Americans possibly lost in tion for the time and travel. She recounted namese. Prior to the arrival of CODEL Bond those areas. When they interview witnesses an escapade involving nighttime motorcycle in the Fall of 1994, I attended a meeting be­ regarding Vietnamese missing, they also ask rides disguised as a Vietnamese peasant to tween Mr. Jim Hall and Mr. Nguyen Xuan about our unaccounted-for individuals. various locations. She further described Phong, Director of the Americas Depart­ Amnesty Program crawling into a " previously unknown" tun­ ment, Ministry of Foreign Affairs.21 During nel in Marble Mountain, Da Nang (one of the the meeting, Mr. Hall encouraged Mr. Phong The Vietnamese Government actively pub­ most famous tourist sites in all Vietnam), to present any documents they may have un­ licizes their remains amnesty program 20 and and there, on top of the ground, lay 1,444 pre­ covered during their unilateral research to the U.S. MIA Office. They allowed Detach­ viously undiscovered dog tags. Then he took the visiting delegation. Mr. Phong responded ment 2 to place an advertisement in the her by motorcycle to a cemetery where a Hanoi Yellow Pages inviting Vietnamese that they no longer thought it wise to hold small bag containing bones laid on top of the documents they find to present to delega­ citizens who might have information about ground. tions. Rather, they preferred to hand them unaccounted-for Americans to contact the She believed she had solved the entire over to the Detachment immediately upon VNOSMP or the U.S. MIA office in Hanoi. issue of unaccounted-for Americans, and told They also televised advertisements request­ discovering and reviewing them. The Viet­ us that she planned to call a press conference namese were in an interesting Catch-22. If a ing information on specific cases and placed as soon as she landed in Los Angeles (she the U.S. MIA Office on tourist maps. Addi­ delegation visited and the Vietnamese did claimed to be a journalist). Knowing that it not give them a document of some type, crit­ tionally, many of the remains we receive is easier to discredit an inaccurate story be­ ics of their level of cooperation quickly from Vietnamese citizens originate from re­ fore it comes out than to react to one after claimed that the Vietnamese were withhold­ mote areas of the country, thus indicating it hits the media, we thought it was critical ing information. On the other hand, if they widespread word of the amnesty program. to determine the veracity of her claims. Our provided documents to visiting delegations, One such case occurred during the 34th first step was to send CILHI's best anthro­ these same critics claimed that the Viet­ JFA. The VNOSMP notified us that villagers pologist to HCMC to examine the remains. namese had all the documents we were look­ in Quy Nhon Town had discovered what they He found them to be from a Southeast Asian ing for and provided tid-bits to visitors to believed were remains of an American. A Mongoloid. It was obvious to him that they . try to convince us of their cooperation. I family in Quy Nhon found these remains were not American. For two days, analysts could not argue Mr. Phong's logic because I while looking for the remains of one of their in Detachment 2 searched our database of saw it happen. children in a local cemetery. When they re­ missing Americans comparing it to the Although the number of items investiga­ moved the bones from the ground, they real­ names on the dog tags. Not a single one cor­ tors have examined is large, access to docu­ ized that they were much too large to be Vi­ related to an unaccounted-for American. As etnamese. They placed them back into the ments and other items of archival research soon as we confirmed our findings, I imme­ was one of the toughest areas for us to note grave and notified local officials of their dis­ diately called the JTF-FA Public Affairs Of­ significant and tangible progress during my covery. The local official called the ficer (PAO) in Hawaii to inform him of the VNOSMP offering to excavate the site uni­ tenure. Only late in my tour did our efforts results of our investigation. I never heard of begin to show concrete headway. One of our laterally, and the VNOSMP then called me any news report or press conferences regard­ primary goals was to "coach" the Vietnam­ to request that I send an anthropologist to ing this incident. ese to report their activities more effec­ Quy Nhon Town to examine the remains. On JTF-FA cannot afford to dismiss any of tively. We stressed that it was not good March 7 and 8, 1995, a JTF-FA anthropologist these claims without fully investigating enough to simply perform research and then reviewed the remains. The remains consisted them. Though the odds are slim, the possible of nearly three-quarters of an entire skele­ tell us that they did not find anything. We benefit of discovering new leads far outweigh suggested to them that if they looked for ton and 21 (possibly 22) teeth, five with res­ the amount of work involved chasing dead­ documents in the archives of the Air Defense torations. The anthropologist determined ends. The Archival Research Team (ART) the remains to be from a large male, over 40 units in Military Region 4, for example, they began investigating dog-tag leads during my needed to provide us the specifics of their ef­ years old, over six feet tall, and not South­ tenure and the RIT continues this effort forts; what files did they look at, what time east Asian Mongoloid. We repatriated these today. In October 1994, the ART received par­ remains to the United States. period did the records cover, where did they tial human remains and a set of dog tags perform the research, when, who were the in­ "Dog Tag " Investigations that we tentatively correlated to two cases vestigators, etc.? Since 1979, the USG has received literally of unaccounted-for Americans. One set of re­ During one of our Technical Conferences, thousands of reports of remains associated mains contained teeth with restorations. A General Viale, CJTF-FA, requested our with a set of " dog tags" in the hands of pri­ CILHI anthropologist confirmed that the re­ counterparts improve the detail of their re­ vate citizens. About 97% of the Americans mains were likely to be those of an Amer­ ports. In response, Mr. Cong, Director of the named in these reports were never unac­ ican, and we repatriated these remains to VNOSMP, tried to explain their problem. He counted-for, while somewhat more than 100 the United States. said that when Vietnamese investigate a Americans named in the reports are st111 ACCESS TO DOCUMENTS case, and find nothing, no report is nec­ missing. You must consider two facts regard­ The USG believes that museum artifacts essary. Partly in jest, I told him that the ing "dog tag" cases. First, during the war, and archives, tradition houses (local muse­ American Government can write reams many Americans lost their dog tags, gave ums), m111tary historical files, prison about what we don't find. Nonetheless, on a them to their " girl friends," traded them, records, etc., might contain information per­ more serious note I explained that knowing etc. Second, when we evacuated the embassy taining to Americans still unaccounted-for. the circumstances around which investiga­ in 1975, the machines used to manufacture Since its January 1992, members of JTF-FA tors found nothing may often be as valuable dog tags remained behind. Budding " entre­ have examined over 30,000 items correlating to an analyst as actually finding something. preneurs" have been cranking out counter­ to over 820 unresolved cases. These include Mr. Cong concluded by saying that it was feit tags ever since. The end result is that, more than 2,000 photographs of former POWs, taking a "cultural change" for them to real­ whether real or counterfeit, a glut of dog remains, crew gear, personal identification ize what we wanted, but pledged his support tags is available throughout Vietnam, espe­ items, aircraft wreckage, sketches, maps, to continue to try. cially in stores and street corners catering etc. During its existence, the ART had unre­ Ms. Virginia Foote, the President of the to tourists. stricted access to museums and tradition USNietnam Trade Council and frequent visi­ Shortly after my arrival in Vietnam, a houses throughout Vietnam, and interviewed tor to Vietnam, offered another consider­ U.S. citizen visiting Vietnam contacted one many of the past museum curators. USG in­ ation regarding the detail of Vietnamese re­ of our Els working in the vicinity of Ho Chi vestigators, including DIA analysts, have porting. In mid-1995, the DASD for POW/MIA Minh City to tell them that she had 1,444 dog visited several prisons throughout Vietnam Affairs, General Wold, asked Ms. Foote to in­ tags of missing Americans and a set of re­ and have discovered no evidence that the Vi­ tervene with the Vietnamese to encourage mains. She said that Vietnamese secret po­ etnamese held U.S. prisoners after 1973. Ad­ them to improve the detail of their report­ lice and even the CIA were following her, and ditionally, the Vietnamese established the ing. During a meeting with the Ministry of May 23, 1996 EXTENSIONS OF REMARKS 12499 Interior official in charge of the U.S. MIA ever requests the U.S. made regarding these graves and a mass burial site of eight U.S. work by the MO!, Ms. Foote encouraged him operations so long as they were able to lo­ air crew members. We nominated him to to improve their reporting procedures. She cate the witnesses and persuade them to par­ travel to Laos, and in January 1995 he and received a "very firm, and rather angry, an­ ticipate. Their actions supported their prom­ two other Vietnamese witnesses whom the swer that such reporting would expose their ises. On December l, 1994, U.S., Vietnamese, Vietnamese located unilaterally traveled to military intelligence filing and personnel and Laotian officials met in Hanoi to lend Laos to help investigators on site. system which they will not do." Ms. Foote structure to the way we conducted trilateral Trilateral operations between the U.S., advised General Wold and Ambassador Win­ operations. All participants agreed that Vi­ Vietnam and Laos progressed from being ston Lord that "they might have set too etnamese and JTF-FA investigators would something out of the ordinary to being nor­ high a reporting standard and that the Viet­ continue to identify and then interview Viet­ mal operations. Detachments 2 and 3, the Vi­ namese are never going to issue reports ex­ namese citizens who might possess informa­ etnamese representatives, and Laotian spe­ plaining in depth their process for unilateral tion pertaining to unaccounted-for Ameri­ cialists all appeared to regard this as an in­ searches for the reasons given by MOL In my cans in Laos. If, after the interview, Viet­ tegral aspect of operations in Laos and treat­ view (Ms. Foote's), it is not reasonable for namese and U.S. investigators concluded edit as such. the USG to push this too far." that the witness had pertinent information, Laotian investigators would travel to Viet­ PRIORITY CASES, LIVE SIGHTING At least annually, President Clinton sent a INVESTIGATIONS, JOINT FIELD ACTIVITIES delegation representing him to Vietnam to nam to interview the witness. If, subsequent assess the level of progress we were making to their interview, the Laotians agreed that Priority Cases and the level of Vietnamese cooperation. The the witness possessed reliable information Priority "Last Known Alive" Cases.25 delegations normally thanked the Vietnam­ that could help resolve a case, they author­ These cases involve some of the USG's most ese for their past cooperation and encour­ ized their travel to Laos and participation in sensitive cases in that they include cases aged more effort in various areas. The dele­ a JF A in Laos. where the USG has been unable to conclu­ gations often brought specific requests for From this conference forward, it was ap­ sively determine if the individual is dead or information regarding specific cases of par­ parent that the VNOSMP was working dili­ alive. Of the 196 individuals in this category, ticular interest to the USG, and suggested gently to identify Vietnamese witnesses who one is a foreign national, we have completely ways of improving cooperation. could assist in resolving cases in Laos. Dur­ resolved and identified the remains of 27 in­ At the request of the July 1994 Presidential ing the first three JF As following the tri­ dividuals, and determined the fate of all but Delegation, the MO! and MND each formed a lateral agreement in December, the 50 of the individuals. Investigators have in­ small team to unilaterally research histori­ VNOSMP provided eight Vietnamese wit­ vestigated each of the remaining Priority cal files and interview Vietnamese officials nesses to assist investigations in Laos. The Cases at least once, some as many as seven who may have information concerning miss­ VNOSMP located all the witnesses unilater­ or eight times.zs ing Americans. They submitted an initial ally, made them available for the Laotians One priority case we investigated while I "work-plan" and asked for our ideas con­ to interview, and escorted them to Laos. All was in Vietnam was Case 0644. The last cerning the plan. The VNOSMP provided the this is in spite of several witnesses living in known location for 0644 was in a militarily teams' initial report to us in March 1995, and remote locations, short notices for passports sensitive area. The Vietnamese denied access on May 15, 1995, Mr. Phong gave additional and visas, and frequently difficult transpor­ to the site to us because they claimed that reports from the MO! and MND to me. On tation and communication problems with no aircraft ever crashed there. They would May 30, 1995, Mr. Tran Van Tu, Acting Direc­ local officials and witnesses. In one instance, not allow our teams into that sensitive area tor, VNOSMP, provided a report from the the witnesses did not want to travel to Laos unless there was a reasonable expectation MOI to me detailing their research efforts in citing health and business. They did agree, that it would lead to success. We continued seven northern provinces. however, to travel to Hanoi on short notice to request access to the site. The Vietnamese At the time of my departure, Detachment and spent hours studying maps with our spe­ sent LTC Pham Teo, one of their most expe­ 2 was receiving on a regular basis, reports cialists and describing their recollections of rienced investigators, to the site to unilater­ from the VNOSMP and the special teams the incident. ally investigate the case. He found several formed by the MND and MOI for unilateral Two cases exemplifying trilateral coopera­ witnesses who confirmed that the crash oc­ research. In total, I received five written re­ tion stand out most. The first trilateral case curred outside the sensitive area in a neigh­ ports of progress from the VNOSMP. Though we investigated under the new guidelines in­ boring province. LTC Pham Teo traveled to I did not see the final assessments of these volved the loss of 11 Americans at Phou Pha the location the witnesses identified to in­ reports prior to my departure, they did ap­ Thi in northern Laos. Phou Pha Thi was a vestigate their claims. He recovered a small pear to have useful and previously unavail­ "secret" radar site that vectored U.S. air­ amount of remains and some identification able information. craft into targets over northern Vietnam media. A joint U.S.JSRV team investigated Personal Dairies and Artifacts during the conflict. During the war, a PAVN the new crash site during the October-No­ sapper unit scaled sheer cliffs in the middle vember 1994 JFA. They found the crash site Though we have not received a large num­ of the night, surprised the defenders, and LTC Pham Teo identified and recovered ber of personal records, we did receive some, overran the site. 11 Americans remain unac­ small pieces of wreckage. The Joint and it appeared that the Vietnamese Veter­ counted-for. After weeks of unilateral work, Forensics Review in September 1994 accepted ans Association was encouraging its member the Vietnamese located the best witness for the remains LTC Pham Teo unilaterally re­ to provide more to us. Shortly after Presi­ the Phou Pha Thi site, Mr. Muc, a retired covered and we repatriated them to the U.S. dent Clinton lifted the trade embargo, a re­ PAVN Colonel, who led the PAVN attack on in September 1994 for further analysis. tired PAVN22 Senior Colonel voluntarily the site. Our most experienced linguist and CILHI's forensic analysis determined these shared information about unaccounted-for analyst, Mr. Bob Destatte, interviewed Mr. remains were of an adult male, however, the Americans that he had recorded in his per­ Muc and found that his recollection of the remains were insufficient to permit deter­ sonal wartime diary. In one instance, his events that transpired the night of the at­ mination of race. JIT-FA rescheduled this diary confirmed that one aircraft and a crew tack confirmed that he had in fact led the case for reinvestigation. of eight men who disappeared while on a mis­ attack. We nominated Mr. Muc to travel to Special Remains Cases.27 During my ten­ sion in Laos nearly 30 years ago, crashed Laos to help with the trilateral field activ­ ure, the 30th through 35th JFAs, we exca­ more than 140 km (nearly 100 miles) from the ity. vated sites associated with 13 special re­ last known location noted in U.S. records. In December 1994, Mr. Muc went to Phou mains cases. We recovered remains from five "The Vietnamese Veterans Association, Pha Thi and assisted U.S. and Lao investiga­ sites and CILHI was able to resolve two of headed by General Quang, started an aggres­ tors on site. Though their efforts were in the cases through positive identification of sive campaign to encourage Vietnamese vet­ vain, both the Vietnamese and Laotian gov­ remains (Cases 0951and1910). erans to come forward with information that ernments had cooperated fully on the agreed Another case, Case 0037, was resolved after might help account for Americans killed upon trilateral procedures, and the process during the war. Materials have been coming our investigation led to confirmation that worked. We continued to use this model dur­ the remains had been interred at Arlington in greater quantity since diplomatic rela­ ing all future trilateral operations. tions were established." 23 Cemetery since the mid-1960s. This was a The second case occurred shortly after our "remains reportedly recovered but not repa­ TRILATERAL COOPERATION 24 first trilateral operation. The Vietnamese triated" case and proved very interesting. The most important aspect of Trilateral unilaterally located a witness to a C-47 crash Case 0037 involves remains of an American Field Activities is that the Vietnamese Gov­ in Laos. The Vietnamese made him available civilian who was killed in Vietnam during ernment considered this an issue between for a joint interview on very short notice, the war. The Vietnamese claimed that they the U.S., Laos and Cambodia, not Vietnam. and he provided three sketches of the area had recovered the remains and returned This is important because Vietnam contin­ surrounding the crash site. These sketches them directly to the widow during the war. ually stated that they would support what- included the relative locations of three mass Our government, however, did not have a 12500 EXTENSIONS OF REMARKS May 23, 1996 record of the repatriation. Despite a unilat­ of the unaccounted-for American, apparently work U.S. and Vietnamese teams are con­ eral investigation by Vietnamese authorities severely injured, receiving medical care at a ducting. and two field investigations by US investiga­ hospital. Vietnamese authorities helped us Joint Field Activities tors, both of whom concluded the remains locate and interview the doctor and three of had been returned, our government contin­ the four nurses in the photograph. Their in­ JTF-FA has sent more than 11,700 notices ued to press the Vietnamese. Finally, DOS formation led us to other witnesses who con­ of progress regarding their cases to over 2,200 contacted the widow who confirmed the Vi­ firmed the American died shortly after he ar­ families. etnamese claims. rived at the Quang Ninh Province Hospital, I always tried to stress to visitors and We have investigated every SRT case joint­ and was buried in the public cemetery behind journalists that it is necessary to look be­ ly with Vietnamese specialists at least once. the hospital. Notwithstanding that the only yond the " statistics," and look at the over­ JTF-FA and CILHI have resolved five cases known firsthand witness to the burial died all progress. It would be easy to look at the fully. The field investigation teams have several years ago, Vietnamese authorities al­ number of provinces we operated in during found no evidence that could sustain the be­ lowed us to excavate parts of that public the 35th JFA and compare that to the num­ lief that Vietnamese authorities have recov­ cemetery to search for the remains of this ber in any of the other JFAs. Or, you could ered remains for the Special Remains Cases American during the October-November 1994 look at the number of cases we investigated that they have not yet repatriated which is JFA. Though the excavation inadvertently and excavated during the 35th JFA and com­ the basic premise for the SRT list. Discussed disturbed a few graves of local residents, pare those numbers to the activities of the below are a few cases we investigated from local officials and citizens volunteered their 28th JFA, immediately following President each category of SRT cases. The point I am support for the team's work. The team did Clinton's decision to lift the trade embargo. trying to make by relating the cir­ not find the remains, however, local citizens By only looking at raw statistics, one could cumstances of these investigations is that volunteered new information that might lead very easily conclude that the Vietnamese the results of these investigations led me to us to a person who left the area years ago, felt they had achieved their goal with the believe that our assumption that the Viet­ but who helped bury this American. lifting of the embargo and that they now saw no reason to continue to cooperate with our namese still control these remains is not en­ Excavating this case also exemplified the tirely valid. Our investigators determined efforts. Simply looking at the statistics compassion of our team members. While ex­ could lead you to conclude there had been a through exhaustive investigations that there cavating a site at the cemetery, the RE un­ are at least 30 cases for which the remains diminution of cooperation. Nothing could be earthed the remains of a small child. Appar­ farther from the truth. are non-recoverable. There are another 14 ently, at the time of the burial the family cases for which we have evidence to believe did not have enough money to purchase a It is true we have operated in significantly that remains we have recovered and repatri­ casket for the child. They simply wrapped fewer provinces during recent JFAs, but we ated to CILHI are those of the unaccounted­ the dead child in cloth and interred the body. consciously decided to concentrate our ef­ for individual, but have been unable to con­ Our team members went to the local village forts in the central part of the country. This clusively identify them. and purchased with their personal money a allowed us to maximize work-time and mini­ Case 0951 (Died in Captivity List). This small casket in which they placed the child's mize travel time. In the early days, an IE case involved the loss of one American who remains. The RE then ceased their work and could check into a hotel in Da Nang and the Vietnamese reported as having died on allowed the villagers time to reinter the fully investigate all its cases from that sin­ January 2, 1969 while in a jungle POW camp child with the appropriate ceremonies. Our gle location. Today, on the other hand, an IE in what is now Quang Nam Da Nang Prov­ soldiers, sailors, marines and airmen are may interview one witness in Da Nang one ince. Six prisoners died in the camp. The Vi­ truly our best ambassadors. day, drive for two days to another province to interview another witness for the same etnamese claimed to have excavated and re­ Live Sighting Investigations29 patriated five sets of remains from the camp case, and continue in this manner for a num­ location following the war and that they Since the commencement of JTF oper­ ber of days. Several cases during my tenure were unable to find the sixth. Joint teams ations in January 1992, the USG has inves­ involved treks by !Es through the jungle for investigating Case 0951 confirmed the Viet­ tigated over 90 live-sighting reports. None two to three days just to investigate a single namese claim. The sixth remained unac­ reflected the presence of live unaccounted­ "last known location." There was even a counted-for. for Americans. The USG has no evidence case in Song Be Province for which we con­ The VNOSMP helped us find the old camp that live Americans are being held against tracted elephants to transport the IE to and site. There, we found eight holes indicating their will in Vietnam. Neither does the USG from the site because the terrain was so that as the Vietnamese claimed, they had have any evidence proving there are not-it treacherous and wild animals (tigers and successfully found five graves, and had tried is almost impossible to prove a negative. As snakes) were so prevalent. In the end, we three times unsuccessfully to find the last such, we always devoted the necessary time, were able to find a helicopter landing zone American. In January 1994, CSM Davis, a manpower, and resources to fully investigate near the site, and did not need to use the ele­ former POW still on active duty in the each and every live-sighting as completely phants. Army, accompanied a joint investigation ele­ as possible. Like the investigations, excavations have ment to the site. He identified where he per­ The Vietnamese have been very forthcom­ become much more complex. Today, it is not sonally buried the unaccounted-for Amer­ ing in granting access to sites we need to in­ unusual for a case to take two JFAs to com­ ican associated with this case. After excavat­ vestigate as a part of an LSI. Later in this plete. Once again in Song Be Province, we ing the site for three weeks in August 1994, a paper (beginning on page 51), I explain the had a case that required three JFAs. During joint team found a nearly complete skeleton, manner in which we investigated normal the 34th JFA, two cases, Case 0927 and 0911, including 31 teeth (10 with restorations) at cases in militarily sensitive areas. These were extremely difficult to excavate because the site. CILHI confirmed the identification procedures did not, however, apply to LS!s. of the clayey soil, mud and water. Though of this individual in April 1995. This dem­ Normal investigations during JFAs do not scheduled to be completed during the JFA, onstrates, at least in this case, that the Viet­ entail the sense of urgency and immediacy the excavation teams could not complete namese never recovered this set of remains-­ that LS!s do. When we investigate the inci­ them in the allotted time. It was very impor­ contrary to what some might claim. dent site for an aircraft crash that occurred tant to finish them as soon as possible since Case 1910 (Graves Registry Case). A joint 20 to 30 years ago, it is unlikely that the site the approching monsoons would likely de­ team excavated the crash site on the side of will change much more than it already has. stroy the work we had already accomplished a karst in October-November 1994.28 It recov­ However, the very nature of an LSI demands and preclude further excavations. At our re­ ered material evidence and remains, includ­ that we receive immediate access or the in­ quest, the Vietnamese extended the two ex­ ing hundreds of possible human bone frag­ tegrity of the investigation would be in jeop­ cavation teams in-country an extra two ments, 16 teeth, eight with restorations, that ardy. The Vietnamese understand this. To weeks. This was a significant decision, and led to a successful identification for this my knowledge, and to that of the primary one that required approval from the highest case. It is puzzling as to why the individual's Stony Beach live sighting investigator, the level of the Ministry of Foreign Affairs. name appeared on a graves registry unless Vietnamese have never denied JTF-FA or During the 35th JFA, local officials in two vUlagers had buried the remains they found Stony Beach personnel access to any place provinces demanded exorbitant land com­ and left the majority at the crash site. we asked to enter as a part of an LSI. pensation fees for alterations our excavation Case 0853 (Graves Registry Case). A joint The USG must take care not to endanger teams made to the terrain around two of our team excavated this site in January 1995. We the unrestricted access the Vietnamese have recovery sites. They made these demands recovered material evidence and remains (in­ allowed for LSis. Many live sighting reports after the recoveries were complete, despite cluding two teeth, one with restoration) that are credible, but some are not. The USG repeated requests by us that they identify we were hopeful would lead to a successful should take care not to allow ridiculous live valid compensation fees prior to the start of identification for this case. sighting reports such as those by former the operation.30 When Detachment personnel Case 0215 (Photo and Graves Register Congressman Billy Hendon (see Annex A) to could not resolve the issue satisfactorily Case). Our investigators found a photograph jeopardize Vietnam's support for the serious with the local officials, the Acting Director, May 23, 1996 EXTENSIONS OF REMARKS 12501 VNOSMP, sent one of his most experienced knowledge that helped us understand many The interview began as a lecture with Gen­ specialists to assist in negotiations with aspects of Vietnamese operations during the eral Tra telling me that further progress in local officials. Within one day, we had re­ conflict, most importantly the POW camp resolving this "humanitarian' issue rested solved the differing positions and agreed on a procedures. Numerous interviews with with the will of the people. If the USG could suitable level of compensation. Provincial present and former high ranking Vietnamese rally the Vietnamese people behind our ef­ officials also agreed to try to do better at officials have provided many insights into fort, he said, we could make great progress. identifying costs up front in the future. what might have happened to some of our "After all," said General Tra, "we know Investigations in Militarily Sensitive Areas missing. what great obstacles can be overcome when The MND OHP cell unilaterally researches the people are behind the effort." (I thought One requirement of JTF-F A is to visit the the information we provide to them for each that was a fairly obvious reference to the last known location noted in U.S. records for OHP interview we request. Due to the lim­ "Vietnam War.") General Tra continued by each unaccounted-for American. Occasion­ ited communications and transportation ca­ emphasizing that we should show more com­ ally, this site falls within a sensitive mili­ pabilities throughout Vietnam, the VNOSMP passion for the Vietnamese people's loss of tary installation or area. Vietnamese au­ two-man cell then travels to each potential over one million killed during their "War for thorities have worked with us to develop a location nationwide to locate each witness. Independence," and the more than 300,000 Vi­ method of investigating these cases that Most witness searches require the VNOSMP etnamese still missing. meets their security concerns and our need members to coordinate with the province, At this point, I spoke telling General Tra to try to achieve the "fullest possible" ac­ district, village, and hamlet authorities con­ counting. about the Vietnam Veterans of American secutively. In some cases, when OHP leads Veterans Initiative.32 I told him that the First, Vietnamese specialists unilaterally are unclear, the VNOSMP spends days and VV A's information led Vietnamese inves­ investigate the case to try to confirm the weeks tracking down individuals. They tigators to a mass grave containing the re­ facts of the case. If they find that the inci­ might interview hundreds of people for leads mains of approximately 95 missing Vietnam­ dent occurred outside the sensitive area, we before ever finding the individual in ques­ ese. From this point forward, the entire tone follow with a joint investigation of the area tion. of our meeting changed. Rather than a one outside the militarily sensitive area. If the One such case involved our request to way lecture from General Tra to me, the joint investigation confirms the Vietnamese speak to a Mr. Phap. Since May 1993, the interview became a discussion of what meas­ findings, there is no longer any need for U.S. MND cell of the VNOSMP has searched for ures the Vietnamese veterans organization investigators to seek access to the area. Mr. Phap, a possible witness for a priority could take to assist our work. If the Vietnamese determine the incident case. This continuing search spanned several During the interview, General Tra also did occur inside the sensitive area, they uni­ provinces and included searches of the PAVN provided general information on PAVN chan­ laterally seek witnesses who can clarify the officers' registry, visits to local veterans nels that managed U.S. POWs during the facts of the case, and then arrange for U.S. groups, and queries with province officials. war. He also stated his firm conviction that investigators to interview the witnesses out­ Despite the negative results so far, the the Provisional Revolutionary Government's side the sensitive area. If they are unable to VNOSMP continues to search for Mr. Phap (PRG) delegation to the Four Party Joint resolve the case through unilateral inves­ even though the search is the equivalent of Military Commission (FPJMC) ensured the tigation, and if they confirm the incident oc­ searching for some named "Bill" in Texas release of all U.S. prisoners held in the curred in the m111tarily sensitive area, Viet­ while only knowing that "Bill" served in a South during the conflict. Pursuant to this namese authorities work with us to devise a company during the war. This is only one ex­ interview, General Tra pledged that his orga­ "case-specific" resolution that has some­ ample of unilateral efforts to find witnesses nization would unilaterally collect informa­ times included giving American investiga­ when the U.S. has very limited identification tion on unaccounted-for Americans. tors access to the area. In short, the Viet­ or location data for a witness. As a result of our initial interview, Gen­ namese required that we follow every lead During more difficult searches, the eral Tra's Chief of Staff, Brigadier General possible before requesting access to a m111- VNOSMP members seek members of local Nguyen Van Si, met with our VNOSMP coun­ tarily sensitive site. If the case was still un­ veterans groups, officials of the Ministry of terpart Colonel Le Ky on January 22, 1995 to resolved and the only viable leads led us Labor, War Invalids, and Social Affairs, local discuss specifics of how the Ho Chi Minh City back to the restricted area, the Vietnamese family registers, and public security agen­ Veterans Association Chapter could assist in were willing to negotiate a suitable solution. · cies. Without these efforts prior to each OHP the U.S. MIA effort. They decided Vietnam­ During the 30th JFA the Vietnamese interview, the joint OHP team could spend ese veterans might provide the following granted us access to three of five militarily several days on the road in order to conduct types of information and he pledged his com­ sensitive areas vicinity the Cam Ra.nh Bay each interview. Their preliminary efforts mitment to the effort: personal accounts of naval fac111ty for which they had previously save the joint OHP team a lot of time. wartime incidents involving U.S. losses, denied access. For the two remaining cases. While I was in Vietnam, the VNOSMP pro­ POWs, and unaccounted-for personnel; per­ they brought witnesses outside the sensitive duced two OHP unilateral reports of inter­ sonal wartime journals with information on area for our investigators to interview. view. Although these reports lacked the de­ U .s. losses, POWs, and unaccounted-for per­ One of the remaining cases involved a tails we desired, they were full-page docu­ sonnel; information on where POW/MIA re­ drowning. The missing American had been ments with far more details than the stand­ lated archival documents might be today; on R&R and was swimming in the ocean. ard VNOSMP reports of the past. The and names of other individuals with possible Witness reports at the time of the incident VNOSMP has also produced reports on each POW/MIA related information. indicate that the individual was swept un­ round of joint OHP activities. The latest re­ Technical Conferences derwater and not seen again. As I said ear­ ports included a section on unilateral lier, JTF-FA procedures require that we VNOSMP activities during the investigative Prior to each JFA, we held joint meetings visit the "last known location" which, in phase. between JTF-FA and VNOSMP to coordinate this case, was within a secure area vicinity The Vietnamese have worked diligently to our operations. General Viale was the senior Cam Ra.nh Bay. The Vietnamese denied our assist us in the OHP. They dedicated some of U.S. representative and Mr. Vu Chi Cong, Di­ teams access to the site, reasoning that we rector, VNOSMP, was the senior SRV rep­ their most experienced investigators to the resentative. During these meetings, we as­ had controlled the naval fac111ty for some effort and participate in all joint interviews years after the incident-if we did not find with our analysts. They have also inter­ sessed progress to date, reviewed the results the body then, what made us think a visit to of the most recent JFA, discussed our re­ viewed numerous officials unilaterally. quirements for the upcoming JFA, and dis­ the site today would result in finding the re­ On January 20, 1995, a joint U.S./Vietnam mains? cussed any other issues pertinent to our ef­ Oral History team interviewed active duty forts. In 1990, these technical meetings rou­ During the 34th JFA, joint teams inves­ PAVN Lieutenant General Tran Van Tra at tinely lasted three or more days. The Viet­ tigated two cases that occurred in militarily the Ho Chi Minh City Veterans Association namese side deliberated and often contested sensitive areas, Cases 0272 and 1895. Though Office in Ho Chi Minh City. In addition to each talking point. Today, the meetings last the Vietnamese would not grant us access to other duties, General Tra is the director of only two to three hours. The Vietnamese the last known location as it was in the sen­ the Vietnam Veterans Association, Ho Chi representatives come to the meetings well sitive areas, they did investigate the case Minh City Chapter. General Tra had refused prepared and work with us to ensure well unilaterally and made several witnesses several interview requests previously. His planned, efficient and effective JFAs. available for our interview. only requirement in granting this interview Vietnamese Veterans Assistance MISCELLANEOUS INDICATORS OF PROGRESS was for a "high ranking American official to attend the interview." As I was then the A Vietnam Veterans Organization delega­ Oral History Program (OHP)JI highest ranking American in-country, I went tion from Ho Chi Minh City Chapter accom­ The OHP has been a very productive pro­ to the interview along with Detachment lin­ panied visiting American VV A members to gram for JTF-F A. It amassed a large body of guists and analysts. Tay Ninh in February 1995. In Tay Ninh, the 12502 EXTENSIONS OF REMARKS May 23, 1996 Vietnamese host, BG Nguyen Van Si, intro­ him on our operations. Whether or not he Then if it is still unresolved, telling your duced a retired PAVN colonel to the VAA agrees with U.S. policy or JTF-FA oper­ counterpart that you are going to rec­ group. The colonel gave. his account of the ations, it seems to me he would want to ommend a high-level delegation raise the 1972 shoot down of a U.S. jet. We received gather information from every source pos­ issue is normally a good idea. " Face" is very this information on February 26, 1995, and sible in order to draw an informed conclu­ important to the Vietnamese and coopera­ confirmed that Brigadier General Si was the sion. tion on difficult issues that may arise in the same General Si who was General Tran Van Since the issue of unaccounted-for Ameri­ future often depends on how respectful you Tra's chief of staff. We felt that the fact that cans was, and remains, the most important are of your counterpart's position. In short, General Si attended our Oral History inter­ issue between the U.S. and Vietnam, official there is nothing new here. Attempt to solve view in January and later introduced a re­ visitors normally began their visits with a problems at the lowest possible level. Never tired officer with specific case information visit to the Ranch. Here, we updated them on "back door" your counterpart. was a very positive sign that the Vietnamese our current operations, and when asked, pro­ Many visitors also asked us how best to veterans can locate witnesses for unresolved vided our assessment of progress to date. discuss issues with the Vietnamese. When cases, and that General Tra was sincere in When assessing progress, I cited develop­ Admiral Macke visited, I recommended that his pledge to help mob111ze Vietnamese vet­ ments in each of the President's four areas he begin discussions with the MND by talk­ erans to our aid. requiring progress. I tried not to draw con­ ing about his experiences as a pilot during Detachment 2 analysts tentatively cor­ clusions from these developments, but rather the war. I found that the Vietnamese senior related the veteran's account with that of a attempted to lay out the facts as I saw them, military officials seemed to enjoy exchang­ still unaccounted-for American. A joint and let them draw their own conclusions. ing "war stories" with American veterans. team excavated a site they believed to be as­ However, if asked point blank for my opin­ This "ice breaker" often led to a cordial and sociated with this case in May 1993. They re­ ions, I was obligated to answer with my informal discussion of issues following the covered a small amount of possible human opinion. introductory discussions. Admiral Macke remains, but CILHI was unable to identify During the CODEL Bond visit in late 1994, began his discussions at the MND by remark­ them. Senator John Kerry (D-Mass.) joined the ing how much more pleasant his flight over On May 29, 1995, the VNOSMP provided CODEL for the Ranch briefing. Senator Hanoi was that day than it had been some 25 Commander, Detachment 2, with three let­ Kerry has been a driving force behind nor­ years earlier. This led to a very friendly ex­ ters from Vietnamese veterans groups pro­ malizing relations with Vietnam and he change between him and the Vice Minister of viding information concerning cases within wanted to ensure the CODEL left the brief­ National Defense, General Bun. Laos. At the time of my departure, analysts ing fully aware of our operations and the We prepared visitors as best we could so were reviewing these letters. level of Vietnamese cooperation. He asked that they would not be surprised by events LESSONS LEARNED me several questions during the briefing to during their visit. We provided each visitor with a folder containing the schedule of OFFICIAL VISITORS emphasize points he wanted the CODEL to take away from the briefing. At one point, events, a tourist map of Hanoi, biographies Every Detachment Commander had to host he asked for my opinion of how normalizing of the Vietnamese hosts, as available, and numerous official visitors from the USG and relations with Vietnam would improve the sketches of meeting areas as best as we could I was no exception. During my predecessor's Vietnamese Government's cooperation in our determine. Biographies were often very dif­ tour, the President considered lifting the efforts. I think he expected me to say that it ficult to get. We never wanted to give the Vi­ U.S. trade embargo against Vietnam. This would greatly improve cooperation. etnamese the impression that we were resulted in innumerable "fact-finding" trips "gathering intelligence," so trying to collect to Vietnam, especially by representatives of I responded instead by saying that I did biographical information about their govern­ Congress. During my tenure, President Clin­ not believe it would affect the Vietnamese ment's leaders was a very sensitive propo­ ton considered normalizing relations with Government's cooperation very much, be­ sition. We depended on public information Vietnam, and likewise numerous visits en­ cause I thought they were already cooperat­ and past encounters with the individuals to sued.33 Many have asked me about the util­ ing at a very high level and there was not orient the visitors to their hosts. ity of these visits expecting that their pri­ much more they could do. Where I thought Each folder also contained our "best the benefits of normalizing relations would mary purpose was as a boondoggle by the guess" 34 of what the physical layout of the various visitors. I must emphasize that it make their greatest mark was on the level of meeting rooms would be, where to sit, where was my experience that virtually every visit cooperation we received from individual Vi­ the interpreters would be, etc. Because we by a USG official was tightly scheduled with etnamese citizens. I thought this would be of could not usually see the rooms prior to the official functions. Any sightseeing on the significant benefit to our efforts. I said that actual meetings, we based our sketches on part of the visitors was normally en route to as the U.S. and Vietnam increase contacts, what we had seen in the past. Providing a another Ministry or while driving to and and to the extent those contacts were posi­ sketch precluded awkward uncertainty in from the airport. Meetings with Vietnamese tive, we would progress more quickly be­ the beginning of the meetings as delegates Government officials began early in the cause we would receive even more grass­ tried to figure out where to sit. The begin­ morning and lasted until late afternoon. The roots support. I am a firm believer that Viet­ nings of meetings were the times when pho­ only break they normally took was a work­ namese veterans and average citizens possess tographers and other members of the media ing lunch hosted by one of the Vietnamese information that could be useful to us; they were present, so we did not want our rep­ ministries, usually the Ministry of Foreign just need some motivation to step forward. resentatives to appear hesitant or uncertain. Affairs. An official reception or supper nor­ I do not think Senator Kerry was entirely At the first meeting I attended with the mally ended each day and lasted until about pleased with my answer and would have pre­ July 1994 Presidential Delegation (my first 2130 (Vietnamese official dinners were very ferred for me to say that normalization high level visit), I entered the room after the predictable in their duration-two hours). would greatly increase Government coopera­ visiting U.S. delegation had taken their Throughout all the visits that occurred tion. I knew that was what he wanted me to seats. The only remaining seat at the table while I commanded the Detachment, only say, but it was not what I really believed. was on the Vietnamese side. The Vietnam­ one, the visit of Congressman Dana Rohr­ Most delegations that visited Hanoi asked ese, always very gracious hosts, quickly ush­ abacher (Rr-CA) did not leave me with a thor­ for issues we would like to see them raise ered me to the empty seat. I soon learned oughly positive impression of the purpose with the Vietnamese. They would also tell us that this was not a very good idea. Had I and accomplishments of the trip. Mr. Rohr­ what they were going to discuss and asked been aware of the protocol, I would have de­ abacher is a member of the International Re­ for our opinions on both the issue and the clined their offer and sat somewhere else, lations (Asian & the Pacific) Committee and manner in which they should approach the however, nobody had told me what to expect. an outspoken critic of JTF-F A operations in Vietnamese about the issue. They were espe­ This was a good lesson for me. We tried to Vietnam and U.S. policy toward Vietnam. He cially interested in Bob Destatte's and Gary prevent this kind of awkward moment for visited Vietnam at the same time as CODEL Flanagan's perspectives as they had worked visitors by briefing them ahead of time. Spence, but did not join them in any of their with the Vietnamese the longest. We endeavored to do the same for recep­ meetings except to arrive uninvited at a I would only ask them to raise an issue tions, luncheons and suppers. Most official working lunch at the Ministry of Foreign Af­ with the Vietnamese if both the CJTF-FA dinners were held in the Ministry of Foreign fairs. The only reason he joined CODEL and I had been unsuccessful in resolving it at Affairs guest house, the Le Thach Govern­ Spence here was that he needed a ride to the our respective levels. I cleared all issues ment Guest House, and they all followed a airport with the CODEL immediately follow­ with the CJTF-FA prior to recommending similar pattern. Items I always tried to ver­ ing the luncheon. Despite our mission being the delegation raise it to the highest levels ify before the delegates arrived were; which the driving force behind relations between of government. In Vietnam, as in many other door should we enter through (there were the U.S. and Vietnam, and despite his criti­ countries, it is very dangerous to raise an two), the menu (if possible), the seating ar­ cisms of our operations, I never met Mr. issue above your counterpart's head without rangement, and the English language pro­ Rohrabacher. He refused our offer to update first giving him the opportunity to solve it. ficiency of the host. If I could not determine May 23, 1996 EXTENSIONS OF REMARKS 12503 the seating arrangement prior to arrival, I ese VNOSMP team leader who spoke English nating in Vietnam, so the media was always tried to slip into the dining area during the excellently.35 Vice Minister Binh made some keenly interested in our activities. Inter­ initial welcome at the door to at least deter­ introductory welcoming remarks in Viet­ action seemed to run the gamut of media fo­ mine which side of the table the key dele­ namese to the conference that lasted two to rums. The print media was in Hanoi in force. gates would sit. I did not want them wander­ three minutes. The interpreter translated in Permanently posted in Hanoi from the print ing around the table searching for their the following manner, "I would like to wel­ and television media were John Rogers of name plate. come the delegates to this very important Reuters, George Esper, Bruce Stanley and Many of the Vietnamese officials spoke conference, and all that welcoming stuff." Kathy Wilhelm of Associated Press, Kristin English extremely well, but would rarely The point here is that there is a huge dif­ Huckshorn of the San Jose Mercury News, speak anything except Vietnamese during of­ ference between someone who fluently Adam Schwarz of Far Eastern Economic Re­ ficial meetings. During receptions, however, speaks another language and one who is a view, Jason Bleibtreu of Worldwide Tele­ they would often speak English. When Con­ trained interpreter. Understand the dif­ vision News, and Philippe Agret of Agence gressman Solomon Ortiz (D-Texas) visited, ference, and accept the handicaps you l:;>ear France-Presse. Ron Moreau, Newsweek's we told him that many of the officials from when an interpreter is unavailable. I was al­ Southeast Asia correspondent, and Tom the MFA's America's Department spoke ways very comfortable with Ron Ward as an Mintier, Cable News Network's Bureau Chief Spanish fluently. Within minutes at the interpreter. He took his job seriously, under­ in Bangkok also visit Hanoi frequently. luncheon, Congressman Ortiz and the Direc­ stood the ramifications of his duties, and There were also several foreign and Amer­ tor of the Americas Department, Mr. Phong, studied hard. He also understood the issue ican "local" television affiliates who visited were deeply engaged in conversation using thereby ensuring the proper translation of including "Der Speigel" who produced an ex­ Spanish. Mr. Phong, who had graduated from our positions. tensive documentary on Vietnam which in­ the University of La Havana and had been INTERACTION WITH THE MEDIA cluded our efforts, and KCRA television from posted in Cuba in the past, also speaks Sacramento, California. Though they never English fluently, but I think he really en­ "Watch your adjectives!" As I said earlier, actually came in person, the British Broad­ joyed talking with Congressman Ortiz in the CJTF's cautionary words stuck with me casting System called me several times and Spanish. throughout my tenure. This forewarning interviewed me twice on live radio while I came to mind on numerous occasions as I op­ At General Viale's direction, we also pre­ was in Hanoi. erated in what the media described as the The 30th anniversary of the "fall of Sai­ pared folders that we gave to the delega­ "center of a political typhoon. On one side tion's principal(s) en route to each meeting gon" also precipitated numerous press visits are Americans who believe the U.S. govern­ 38 location. This contained only information to Vietnam. Neil Sheehan came to Hanoi ment and military have been duped by the to research an article published in the April pertaining to the next meeting. Though the Vietnamese into spending millions of dollars initial folder at the hotel was useful, we 24, 1995 edition of The New Yorker magazine. on a wild-goose chase for remains that Hanoi Also from the print media came Steven But­ found the second folder ensured that the per­ already controls and cynically manipulates. tinent information for the next meeting was ler, U.S. News and World Report, and Frank On the other side are compatriots who ac­ Gibney of Time. From the television media fresh in the visitor's mind and helped focus cuse the first group of exploiting the fami­ his thoughts. came Jim Vance of WRC-TV in Washington, lies of MIAs by holding out false hope of in­ DC, Robin Smith 39 and her husband Bill Translator Support to Delegations formation, or even survival of their loved Plant for a piece for "Eye to Eye," and the There were several linguists assigned to ones in Southeast Asian jungles." 36 crew of "Larry King Live." Detachment 2. We did not possess any inter­ Before even leaving CONUS, I quickly be­ The purpose of identifying all of these preters, and I quickly learned that there is a came aware of the media challenges I would journalists and correspondents in this paper huge difference between an interpreter and a face as the Commander of Detachment 2. is not to impress anyone with our "15 min­ linguist. Interpreters undergo specific train­ During my orientations at the Defense POW/ utes of fame," but instead to display the ing to become proficient in their skill and we MIA Office in Arlington, Virginia, I had a magnitude of the problem. My preparation simply did not have personnel trained in chance meeting with Ms Ann Mills Grif­ for working with the media consisted of one that manner assigned to the Detachment. fith 37 , the Executive Director of the Na­ morning in the catacombs of the Pentagon TSgt Ron Ward, USAF, did, however, fill this tional League of Families, and a strident where Air Force Public Affairs officers ran void extremely well. When visitors came to critic of U.S. policy toward Vietnam. When I me through a number of scenarios I might Vietnam, we always linked-up Ron Ward and was introduced to her, her only words were, face. These scenarios included an interview the visitors the evening before the initial "Well, I hope we hear less from you in the with a print journalist, an on-camera inter­ meetings so they could discuss issues the press than we have your predecessor. He's view where the commentator was sitting in visitors planned to raise during the meet­ the most quoted Army officer in the country. the room with me, an on-camera interview ings. If the visitors sent talking points to us But * * * maybe we can get together prior to where the interviewer was in another loca­ ahead of their visit or provided them upon your departure and talk about the issue." I tion and I had only the camera to speak to, their arrival, Ron was always responsible for did not meet with her again until she came and a chance interview by a "mob" of jour­ translating them to ensure he understood to Vietnam as part of the July 1994 Presi­ nalists, both print and video. There was not not only the literal meaning, but also the in­ dential Delegation. a single scenario they presented me that I tent. Ron stayed "glued" to the visitors When the Commander of Detachment 2 as­ did not face several times as the Commander throughout their visit, including riding with sumes his duties, he is immediately thrust in Hanoi. Their preparations kept me out of them between meetings to explain nuances into a position with great political sensitiv­ trouble on several occasions. of discussions or to discuss any changes the ity and media interest. There was an inter­ Thanks in large measure to their efforts visitor wanted to make for the next meeting. esting discrepancy with the manner in which and advice from those at other agencies, to If space in vehicles when driving between the Department of Defense (DOD) handles include the CJTF-FA, I deployed to Vietnam visits was limited, I always deferred to Ron media access versus the way the Department with a few "rules of thumb," for dealing with to ensure the visitor was comfortable with of State (DOS) handles it. As I understood it, the media: the translation. DOS personnel were not authorized to "go on Always tell the truth. Translating with the Vietnamese was not the record" with the media unless they have Watch the adjectives. always an easy task. I believe it was a cul­ prior DOS approval or have achieved a cer­ Talk only about what I know-don't specu­ tural trait of the Vietnamese to speak very tain level of responsibility in the Depart­ late or guess. softly. This made it very difficult at times ment. When Mr. Jim Hall first arrived in Know the two or three most important for the interpreter to hear the principal. The Hanoi in January 1995 as the Chief of the things I want to get across and keep coming Vietnamese officials always provided an in­ United States Liaison Office, he did not have back to them-no matter what the question terpreter, but we still tried to have Vietnam­ this authorization despite his years of expe­ is; 1.e., have an agenda-the press will. ese linguists in every meeting to ensure our rience in Asian and Vietnamese issues. Con­ versely, from Day 1 as the Commander, I was Never assume video cameras or tape re­ interpretation of the translation was the corders are "off." same as the interpreters. If necessary, our not only authorized, but encouraged to speak interpreter would interrupt the proceedings to the media. During his in-briefing to me, There is no such thing as a casual con­ to either clarify a point or ask for an expla­ General Viale directed that I "tell the JTF's versation with a member of the press. nation. The Vietnamese did the same to us. story and include the media where and when Invite the press along on visits to the field. One rather comical instance occurred dur­ appropriate." When dealing with complex emotional ing our Trilateral Conference with Vietnam­ President Clinton's apparent desire to nor­ issues (such as this) don't grant quick inter­ ese and Laotian officials on December 1, 1994 malize relations with Vietnam was looming views with members of the press who I was in Hanoi. Vietnamese Vice Foreign Minister in the near future during most of my tenure. not confident fully understand the issue. Binh was the senior Vietnamese official His decision hinged on Vietnamese coopera­ Whenever possible, lean heavily on the or­ present, and his interpreter was a Vietnam- tion on the issue I was responsible for coordi- ganization's Public Affairs Officer. 12504 EXTENSIONS OF REMARKS May 23, 1996 Always tell the truth sonnel, resources, and funding appropriate to that trust, but I must emphasize that going Often, there were times when certain infor­ that level priority. " off the record" can entail great risk (and mation was not "releaSa.ble" to the press, There were hundreds of dedicated young sometimes great stupidity). and I had to decline comment. This always Americans working arduously in the field Ensure ihe media member understands the issue seemed a better option than trying to mis­ with one objective in mind-to find the an­ As is probably apparent by now, the unac­ lead the press or give them an incomplete swers the families of the unaccounted-for so counted-for issue is very complex and emo­ answer just to appease them. I developed a richly deserve. tional. I tried never to grant an interview rapport with the Hanoi press such that when We were enjoying the continued support of with a new journalist/correspondent unless I declined comment, they understood that I the Vietnamese Government and people to they would take the time for me to brief would give them the information as soon as resolve this issue. them on the issue. As I became more and possible. That did not, however, always pre­ Regarding what the U.S. policy toward more familiar with the issue, this became a clude them from continuing to press in hopes Vietnam should be, I always stressed that I very arduous requirement, with discussions that I might slip up and divulge the informa­ was an " operator" in the field, not a policy­ lasting as long as three hours, but it paid off. tion. In my opinion, George Esper and Bruce maker and was not qualified to make policy To my knowledge, I was only misquoted once Stanley were the most skilled at asking the recommendations or comments. during my tenure, and even that was not a same question several different ways. The Regarding the issue of live Americans still very serious case. press always tried to get information con­ being held against their will in Vietnam, I Lean heavily on the PAO cerning the success of our JF As prior to the continually emphasized that the USG had no end of the JFA. We never wanted to provide evidence to support the contention that live LTC Dave Fredrikson, the JTF-FA PAO that information until the Repatriation Americans are being held against their will, was often the most valuable JTF-FA staff Ceremony, because it was not until then that however, we also do not have any evidence to member for me. He deployed to Vietnam we were certain about the number of remains be sure there are not. Therefore, we devote often, and whenever he did, he lifted a great our forensics specialists had agreed to repa­ the necessary time, people and resources to load off my shoulders. He had been assigned triate. We did not want to publicize inac­ fully investigate each and every live-sight­ to the JTF since its inception, and fully curate information. The media also knew ing report. undertood the issue and its history. He had that I attended meetings between the Viet­ developed a personal relationship with the namese and all visiting U.S. delegations. This last issue hit its apex when former Hanoi press corps and understood their Congressman Billy Hendon visited Hanoi in strengths and weaknesses. Often, Often, how­ They often tried to get me to tell them what 40 occurred during the meeting, but I felt that May 1995. During his visit, another "media ever, there were times when the press want­ was an issue the leader of the delegation theme" I continually emphasized was that ed to talk to the Commander, not a staff offi­ should provide, if he desired to do so. I al­ despite Mr. Hendon's claims, the Vietnamese cer from Hawaii. In those instances, Dave be­ had never denied U.S. investigators access to came a close listener to both the press and ways declined comment. any location it requested to visit in conjunc­ Watch the adjectives me to ensure I did not inadvertently say tion with a live-sighting investigation. something incorrectly. Prior to events when The political sensitivity of this issue Video cameras and tape recorders are never we knew a lot of press would be present, meant that individuals on all sides of the "off" Dave also helped prepare and rehearse me for issue would likely dissect my comments to One of the scenarios the USAF PAO in­ their issues. try to find any "hidden" meaning. Calling structional team covered during my orienta­ When Dave wasn't in Hanoi, I sent infor­ cooperation "strong" was much different tion at the Pentagon involved an on-camera mation regarding all press contacts, no mat­ than saying it was "outstanding." I tried to interview. At the conclusion of the inter­ ter how insignificant, to him by fax or E­ measure my comments such that I was pre­ view, the commentator made some closing mail. In that way, he knew which media to senting facts, not speculation or opinion. remarks and thanked me for the interview. watch to ensure they "got the story right." Talk only about what I know The cameraman then walked away from the The PAO cannot help unless he is up to speed Although operations in Vietnam were the camera as the commentator began idle chit­ on the issues. To be effective, the PAO need­ focus of media coverage of the issue of unac­ chat. Unknown to me, the cameraman left ed to know everything that went on in the counted-for Americans, it was only one facet the camera on and running. The commenta­ JTF, and the Commanders in the field were of the entire operation. Often, the media tor's seemingly innocent conversation re­ his best source of information for operations asked questions concerning operations in garding the issue we had been discussing on­ in their respective countries. Laos or Cambodia and I would fend these off camera was actually an attempt to draw me The only time I had difficulty with the by simply saying that I stayed too busy in into saying things I did not want to say on­ press was when I tried to handle a "press Vietnam to try to remain current with oper­ camera. I never noticed this occurring dur­ pool" rather than giving the problem to the ations elsewhere. I normally referred them ing my tenure in Hanoi, but I was always PAO and letting him handle it. This occurred to the Detachment Commanders in those cognizant of its possibility. during Mr. Hendon's visit. Once it came time countries. Referring media to the JTF-PAO Invite the press along on visits to the field to visit the "live-sighting" location, the Vi­ was also a very effective means of "staying etnamese allowed us to take along one mem­ One advantage I had with the media in ber of the press. After consulting with Dave in my lane," and not talking about some­ Hanoi that others may not enjoy in other as­ thing in somebody else's realm. Fredrikson, I informed the press that be­ signments is that the media was very de­ cause we could only take one member of the Know the two or three most important things pendent on me for access to sites and infor­ media with us, we would use the "press pool" you want to get across and keep coming mation. I developed strong relationships technique, and that individual must agree to back to them with many of the correspondents and when share his/her report with the others. My mis­ The first four issues listed below were re­ an investigation or excavation was taking take was in designating the specific member current themes with the press throughout place that I thought might interest them, I that would accompany us. I chose John Rog­ my tenure. For on-camera interviews, the invited them to "hitch a ride" with me when ers of Reuters who was the senior member of USAF PAO team at the Pentagon rec­ I visited the site. Many of our sites were in­ the Hanoi press corps. He was extremely ommended a "trick of the trade" to get my accessible except by helicopter, so if they did knowledgeable of the issue, but was also themes across as forcefully as possible. Nor­ not go with me, they did not go at all. I what I would best characterize as " quietly mally, the start of the interview began with never used this advantage as a threat, but competent." His familiarity with the subject the commentator welcoming me and saying was able to pick and choose who I would in­ was the real selling point for me, but I also hello. This proved to be a great time to vite to go along with me. thought that John's low-key approach with strike first, by acknowledging the greeting No casual conversations with the media the Vietnamese would best serve thorough and then beginning to hit at least the first Though I did develop an excellent rapport and objective coverage of a very sensitive in­ two themes listed below before even being with most of the Hanoi media representa­ vestigation. The Vietnamese never before al­ asked a question. The same technique tives, I always kept in mind LTG lowed a member of the media to accompany worked at the close of most interviews, Bramlett's 41 advice to me during a previous an LSI. I did not want to betray their trust. where I had the opportunity to close with assignment that there are "no casual con­ To make a long story short, Kathy Wil­ key words such as "highest national prior­ versations with a general officer," and ap­ helm (AP) did not agree with my decision, ity" and " committed to finding answers for plied that to the press. There were occasions stating that it is the press who should decide the families." The themes I tried to empha­ where I went "off the record," but these in­ who would represent them in the pool. In the size were: stances were only with journalists who I end, and after much heated discussion and President Clinton made resolving this knew very well and trusted. During my en­ aggravation with Kathy, I referred her to issue a matter of the "highest national pri­ tire tenure, I cannot think of a single in­ Dave Fredriskson. I told her that I would ority" and was devoting the necessary per- stance where anyone in the media violated defer to whatever he advised. After all was May 23, 1996 EXTENSIONS OF REMARKS 12505 said and done, Dave recommended that I our operations. By us showing compassion was fully aware that Washington expected allow the press corps to decide. I did. Kathy for their loss, I believe the Vietnamese vet­ him to be fully knowledgeable of our issue, Wilhelm represented the media, and she did erans who have diaries, photographs or other and I always tried to keep him appraised of a good job of covering the investigation. items in their private possession will be everything we did. In retrospect, it would have been a lot easi­ more likely to provide those items to us. I tried to ameliorate this directive from er if I had deferred to the JTF-FA PAO from INTERACTION WITH DEPARTMENT OF STATE Washington by working mornings at the the outset. I was clearly delving into an area The primary mission of the United States USLO and afternoons in my office, but this where I was unfamiliar, I was extremely Liaison Office (USLO) was to promote addi­ did not work well. I found it very difficult to tired (and short-tempered) after a week of re­ tional progress in securing the fullest pos­ work in two offices, especially when I had to sponding to Mr. Hendon's shenanigans, and I sible accounting on the issue of unac­ carry my work from office to office. I contin­ had lost patience with many in the press counted-for Americans. In addition to their ued to check-in with Mr. Hall daily, but corps who I felt were giving Mr. Hendon and primary mission, the USLO performed sev­ gradually stopped going to the USLO in the his ridiculous accusations much too much eral secondary tasks on behalf of the USG mornings to work. I don't think anyone real­ coverage. I was also annoyed at their tele­ and provided other services similar to those ly minded, and I accomplished a lot more in phone calls at all hours of the day and night other liaison offices, consular offices and em­ my own office at the Ranch. Mr. Hall was for the latest information. I had lost my ob­ bassies provide. These tasks included: assur­ very understanding of my predicament and jectivity, and hindsight has shown me that ing the protection and welfare of U.S. citi­ chose to allow me to do what I thought best. passing the ball to someone separated from zens, conducting human rights dialogue with Overall, the establishment of the USLO the difficulties in Hanoi, 1.e. Dave the Vietnamese Government, promoting in­ was a very positive step. It was especially Fredrikson in Hawaii, would have relieved creased bilateral and multilateral ties with helpful during VIP Visits. Previously, the en­ me of much needless aggravation. Vietnam, and promoting U.S. business and tire Detachment's work would grind to a INTERACTION WITH U.S. VETERANS GROUPS economic interests. halt as we supported the visits with baggage handlers, escorts, etc. Now, the only one During my tenure as the Commander of Although during my tenure we never had whose time is monopolized during these vis­ Detachment 2, delegations from several vet­ an "officially sanctioned" relationship, I its is that of the Detachment Commander, erans groups visited Vietnam and requested clearly saw myself as part of the USLO and there was no way to change that as I a briefing at the Ranch. We always granted "Country Team," and, therefore, subordinate could not delegate that responsibility. their requests as we felt strongly that their to the USLO Chief. However, I was the senior consitiuency needed to understand the ex­ DOD official in Vietnam representing the As I said, prior to the arrival of the USLO tent of our efforts. I must admit that I was Commander-in-Chief, Pacific Command we were responsible for all aspects of VIP usually more nervous prior to briefing veter­ (CINCPAC), who was directly responsible to visits. Once the USLO opened, it assumed ans groups than I was prior to Congressional the President for all matters pertaining to the responsibility of coordinating delegations. For some reasons, I always ex­ the issue of unaccounted-for Americans. I itineraries, providing transportation and lodging, customstimmigration clearance, pected a confrontation, but in fact, never was entirely responsible for coordinating the baggage handling, etc., for all non-DOD offi­ had one. I found every veterans group delega­ full-accounting mission in Vietnam, and had cials visiting SRV. As previously, I contin­ tion that visited us to be genuinely con­ only one boss, the CJTF-FA. Whereas we ued to attend all meetings and other activi­ cerned about unraveling the truth surround­ recognized the DOS commitment to the issue ties involving the Visitors. I thought this ing the issue, fully supportive of our efforts, of accounting or missing American service­ was extremely important as the USG began and absolutely devoted to taking home the men as its first priority, we insisted that the to engage the Vietnamese on issues other facts to their members. This is not to say USLO and all Vietnamese Government agen­ than the POW/MIA issue. The Detachment that all veterans agreed with U.S. policy de­ cies coordinate all POW/MIA business, cor­ Commander's presence in meetings served as cisions toward normalizing relations with respondence, and reports with me as the a reminder to the Vietnamese that though Vietnam. Most did not, but that was not an Commander of Detachment 2. we were talking about other issues, the issue issue that was of concern to me. My job was I always tried to keep the Chief, USLO, Mr. of missing Americans was still the number to convey to them the extent of JTF-F A's ef­ Jim Hall appraised of all our official activi­ one priority of the USG. I also provided all forts in Vietnam, our dedication to finding ties and provided him copies of all requests, necessary briefings and reports concerning answers for the families, and our commit­ correspondence and reports. Mr. Hall di­ JTF-FA opeations, as requested by Mr. Hall ment to achieving the fullest possible ac­ rected that his relationship with me be di­ or the Visiting officials. counting. In their dealings with those of us rect; I did not have to work through his dep­ Regarding VIP schedules, I did not think in the field, my experience with the veterans uty or anyone else in the USLO. I understood some of the action officers at the USLO were organizations was uniformly positive. the importance of working with Mr. Hall to as aggressive with the Vietnamese as experi­ The U.S. veterans program that was of ensure he was fully abreast of all matters ence had taught us we could be. When we co­ most help to us in the field was the Vietnam pertaining to the issue. Likewise, I always ordinated a schedule for Visitors, we always Veterans of America (VV A) Veterans Initia­ felt that Mr. Hall understood that CJTF-FA fenced the time the Detachment needed to tive. As I said earlier, the Vietnamese claim and CINCPAC were totally responsible for all brief the delegation (normally two hours) as to have over 300,000 of their own people still aspects of our efforts, and that they held me their first order of priority. This ensured missing from their "war for independence." responsible for in-country activities. Mr. that they were as current as possible on our The VV A has requested that their member­ Hall went to great lengths to support and fa­ operations and progress. We then provided ship forward to the VV A any war memora­ cilitate our operations. the remaining time to the Vietnamese for bilia, artifacts, photographs, maps, etc., that As a result of a statement by Secretary them to schedule the rest of the visit. It was may help the Vietnamese resolve instances Christopher that promised Congress that a my impression that action officers at the of their missing. Semi-annually, officials member of the USLO would have full-time USLO took the opposite approach; give the from the VV A travel to Vietnam to provide responsibilities as the POW/MIA officer, my Vietnamese the schedule, let them fill it in the items they receive to the Vietnamese work was made somewhat more difficult. I with the requested meetings, and then fill in veterans organization. This is a veterans-to­ felt this was unnecessary and counter-pro­ the remaining time with our briefing. As a veterans program, not government-to-gov­ ductive as the issue of accounting for miss­ result, we never had quite the time available ernment, and the VV A closely guard this re­ ing Americans was my primary job. I worked to prebrief incoming delegations that we had lationship. We helped them on occasion, but on it all day every day. The DOS in Washing­ in the pre-USLO days. only by assisting them interpret maps or ton, D.C. insisted that Mr. Hall assign this I also learned that DOS and DOD cultures make sense of one document or another. duty to one of his personnel as, in my opin­ simply have different briefing "styles." In the sum.mer of 1994, the VV A visited ion, a political gesture-a decision somebody Some months later, this informal "style" Vietnam and one of the items they provided made without fully understanding the role of was later confirmed to me as the normal op­ was a map indicating the location of a mass the Detachment Commander. It was not erating procedure for DOS during a lecture grave of Vietnamese. The map indicated that based on the realities in Vietnam. Albeit by Ambassador Marc Baas to a War College approximately 100 Vietnamese had been bur­ well intentioned, there was simply no way seminar.42 Once the USLO was established, ied at the location marked on the map. Gary that anyone in the USLO would know as we normally briefed visitors over lunch Flanagan, our CRS, helped the VV A officials much about the issue as I did. while we all sat on couches in Mr. Hall's of­ refine the location on current maps, and the Because we worked in separate buildings, fice. It was my experience that DOS person­ VVA traveled with Vietnamese veterans to did not mean we did not talk. Mr. Hall and nel rarely use briefing slides and brief in a find the site. The Vietnamese excavated the I had a very close professional relationship much more informal fashion than does the site and found the remains of approximately based on trust and mutual respect. He knew military. In my opinion, nothing beat com­ 95 individuals. that I worked this issue everyday, all day, ing to the Ranch and sitting at the table for This program encouraged Vietnamese vet­ and that if he needed information on the a formal briefing, but I also have come to re­ erans to provide the same type of support to issue, all he had to do was ask. Likewise, I alize that is very much a part of the military 12506 EXTENSIONS OF REMARKS May 23, 1996 culture and not necessarily characteristic of sities, buy American goods, and model their forts, we would not have been able to con­ other agencies. In support of that, I had sev­ future after the United States. It was inter­ centrate on our own duties. I began inviting eral Congressional Staff delegations com­ esting to find that if Vietnamese children them to Detachment social events such as ment to me that it is always refreshing to called you a Russian, they normally meant Thanksgiving supper and though very shy in have an Army officer brief them; they al­ it as an insult, not a compliment. the beginning, they soon opened up to us and ways get a hand-out, the briefing is normally Vietnamese are probably the hardest work­ became lasting friends. We even had a fare­ to the point and clear, and we don't tend to ing people I have ever encountered. Most Vi­ well of sorts for one of our retiring guards. dodge the tough issues. To this day, I believe etnamese work at least six days a week, This elderly gentleman had guarded our it is much more difficult to do this when ev­ many seven, with their only real vacation compound since we first leased it, so we had eryone is sitting in easy chairs eating sand­ coming during Tet.44 Our Vietnamese em­ a luncheon on the Ranch for him and pre­ wiches and drinking cokes. ployees were extremely loyal, rarely com­ sented him with a JTF-FA Certificate of Ap­ My greatest concern about the USLO role plained, and always willing to go the extra preciation signed by me. I can almost guar­ in Vietnam came when Deputy Assistant mile for us. antee that he has that certificate proudly Secretary of State for Counter-Narcotics, The family appears to be the most signifi­ displayed in his home. I am just as certain Mr. Gelbard, visited Southeast Asia. A red cant aspect of everyday Vietnamese life. As that when he speaks to his Vietnamese flag went up for me during his visit. I con­ I tried to learn Vietnamese, I found that the friends and family, his reflections on Ameri­ cluded from his visit that with the opening most valuable phrases to learn revolved cans will be positive. of the USLO, other governmental agencies around being able to talk about your own We tried to do the same for our counter­ were rushing to push their agenda with the family and ask about theirs. Young unmar­ parts in the VNOSMP. Not too long after my Vietnamese and either downplay, or pay lip­ ried Vietnamese usually still live with their arrival, we hosted a small party at the service to the POW/MIA issue. I felt that family, and once married, the children will Ranch for Detachment 2 and the VNOSMP. It these competing agendas would confuse the also often take in one or both parents. I was a very relaxed atmosphere that included Vietnamese, and that they might lose focus found that beginning a negotiation with my American and Vietnamese food. I believe on the issue. I must add that I was pleased counterpart normally got off to a better this was the first time many of our VNOSMP that we were beginning to engage the Viet­ start if I began with small talk about his or counterparts had even been on the Ranch namese on issues other than the issue of un­ my family. other than at the main office building. accounted-for Americans and knew that the I cannot remember a single instance of a I knew we had made great strides in devel­ Vietnamese also felt it a refreshing develop­ Vietnamese talking derisively to me about oping trust and friendship when the ment. My only concern was one of emphasis someone else. I do not believe it is in their VNOSMP invited us to a Tet party at the Le and a fear that the our issue would lose its nature to talk badly about anyone else. Any­ Tach Government Guest House. Like our in­ priority with the Vietnamese before Presi­ one dealing with the Vietnamese, whether vitation to them earlier in my tour, they in­ dent Clinton had determined that sufficient officially or unofficially, should keep this in cluded the entire Detachment. This was also progress had been achieved to warrant im­ mind. I truly believe that the Vietnamese do a first in our relationship. proved relations.43 not trust someone who speaks badly of oth­ In the Spring of 1995, we decided to host a IMPRESSIONS OF VIETNAMESE PEOPLE AND ers in public. It is probably a trait we could CULTURE party at the Ranch for our counterparts. I stand to emulate. asked Mr. Hall if the USLO would like to co­ Living in Vietnam was like nothing I ever It was also a rare event for a Vietnamese host it with us and he quickly agreed to help expected. Prior to arriving in Vietnam, my official to flatly refuse a request of ours. us. We wanted to make this an American only experience in a "communist" led coun­ Now, this by no means meant that we always event complete with hamburgers, hot dogs, try was in then East Berlin in 1982. I will got what we asked for. Rather than saying potato salad, country music and rock-and­ never forget crossing from West to East Ber­ " No," I found that the Vietnamese used roll. Guests at the party ran the gamut from lin. I can best characterize it as going from phrases such as, "That would be very dif­ our guards and maids, to the Vietnamese color to black and white. To me, East Berlin ficult," or "We will have to study that issue Vice Minister of Interior, the Director of the appeared cold, grey, and depressing. The peo­ more," or "We would like to do that but we Vietnamese Veterans Organization, senior ple did not appear happy, merchandise in will have great difficulty getting the other officials in the Ministries of Foreign Affairs stores was shabby, and the store shelves were ministries to support it." I soon learned that and National Defense, the Hanoi press corps not well stocked. I expected much the same these phrases normally meant "No." (on the agreement that everything was "off atmosphere in Vietnam and was therefore As I said earlier in this paper, " Face," as the record" that evening), and a couple of shocked by the environment I found. Hanoi, some people call it is very important in Viet­ American businessmen. Vietnamese officials Ho Chi Minh City, and Da Nang (the only nam as it is in most Asian countries. I took rarely showed themselves to us in a casual major urban centers in Vietnam) are vibrant every opportunity possible to publicly praise atmosphere, but everyone seemed to relax cities. Construction is occurring everywhere, my counterpart during visiting delegations, and enjoy themselves. I think we spread a lot store shelves are well stocked (new American and always tried to compliment lower level of good will during this party and gained products were arriving on the shelves almost officials in the presence of their superiors. much more than we gave. daily), the people appeared happy, and color Praise goes a long way in Vietnam, as it does These few instances of shared camaraderie was everywhere. Not everything is "rosy" in everywhere. Conversely, when I was having served a very important purpose-they built Vietnam, however. The people are very poor, difficulty with someone, I would never criti­ trust between our organizations and between the infrastructure is almost non-existent, cize them in public or speak to their superior individuals. Becoming friends did not mean and it is obvious that the country is strug­ without first informing them of what I would that I would always agree with my counter­ gling as it opens to the international com­ do if we were unable to progress at that parts or them with me. Neither did it mean munity and moves toward a market econ­ level. Vietnamese do not mind you going that I would push any less vigorously for omy. Through my readings and attendance over their head, just don't do it behind their issues I thought were important to achieving at various meetings during the visits of U.S. backs. the fullest possible accounting. What I do be­ delegations, I know that the Vietnamese One of my goals upon assuming command lieve it meant was that I understood the Vi­ have a long way to go to abide by United Na­ of Detachment 2 was to improve the personal etnamese perspective and could usually find tions standards regarding human rights, but relationships between the Detachment and a way to honor their position while stm ac­ it is not evident on a daily basis. our Vietnamese workers and counterparts. complishing the mission I was bound to do. In short, I did not find the atmosphere op­ Since my days as a lieutenant, I have always It meant that I was better able to read body pressive as I did in East Berlin 12 years ear­ felt that it is helpful to nurture relation­ language and recognize intent versus literal lier. Most significantly to me was that the ships with those with whom you work. I have meanings of spoken words. It meant that I Vietnamese people appeared hopeful about found that it is much more difficult to de­ could better time my requests or frame them the future and that their quality of life was cline a request from a friend, than it is to in such a way as to maximize my opportuni­ destined to improve. I felt an atmosphere of refuse a casual acquaintance. I have also ties for success. In short, I think our friend­ optimism almost everywhere I went in Viet­ found that subordinates work much harder ships developed trust. Trust led to greater nam. for those whom they respect and " like" than access an enhanced cooperation. And better The most surprising thing to me was the for those who just pay their salary and do cooperation led to progress. not care for them as an individual. friendliness of the Vietnamese, most espe­ CONCLUSION cially toward Americans. Even in Hanoi, the As I said earlier, we had several Vietnam­ people seemed to thoroughly enjoy talking ese local hires who worked at the Ranch. When Sergeant Major of the Army Richard to Americans and saw America as the land of Whether these individuals were our secretar­ Kidd visited our troops in the field in Viet­ everything good. My impression was that ies, our cook, our maids, drivers, guards or nam in January 1995, he asked me what mes­ given the opportunity to choose, Vietnamese gardeners, I tried to make them feel a part of sage I would like him to take back to the would much rather attend American univer- the Detachment. After all, without their ef- United States. I wanted to repeat my reply May 23, 1996 EXTENSIONS OF REMARKS 12507 to him here in my concluding comments, be­ before me, Colonel Jack Donovan, Colonel of Hanoi). Furthermore, he claimed that the cause I hope you have come to the same con­ John Cray and all those who served with Vietnamese had denied JTF-FA investiga­ clusions. them. It was their efforts that created the tors access to this sensitive area for the pur­ The President of the United States consid­ conditions under which I was able to operate, pose of llve-sighting investigations. ers this issue one of the highest national pri­ and they set the stage well. If at any point I told him that if he would provide his "in­ ority and is resourcing it appropriately. in this monograph I gave the impression that telligence" to me, I would forward it to the the accomplishments I cited were mine, it There are hundreds of great Americans necessary agency immediately, and we would was unintentional and false. Progress on this investigate it. He said that he did not trust working tirelessly under arduous conditions issue was a team effort that included the De­ with only one purpose in mind-to provide me to investigate it without first "tipping­ tachments in the filed, the JTF-FA and off'' the Vietnamese and would not give me the families the answers they so richly de­ PACOM Headquarters and staffs, and the De­ serve. the information. Rather, he suggested we fense POW/MIA Office. I privileged to be a gather all the press we could and all go in­ There are hundreds of Vietnamese citizens small part of a great team. vestigate the case together. working side-by-side with our specialists to help us find the answers, and the Vietnamese There are other groups contributing to the While I was speaking With Mr. Hendon, I government is cooperating strongly in our fullest possible accounting that I believe directed my Detachment NCOIC to contact efforts. also need a lot of the credit for the success the United States Liaison Office (USLO), as of the operators in the field. The Vietnam I thought they should be involved in this. We are finding many of the answers we are Veterans of America, the Veterans of For­ The Deputy Chief of the USLO and the Re­ seeking. No, we aren't finding all the an­ eign Wars, the American Legion, the Na­ gional Security Officer soon arrived at my swers, but we are making significant tional League of Families and many other office to assist me in my actions with Mr. progress toward the fullest possible account­ groups are faithfully representing their con­ Hendon. Once they arrived, I excused myself ing. stituency to get the answers they deserve. so that I could call JTF-F A Headquarters to Finally, I asked him to tell all the soldiers, They too contribute to the overall effort. I inform them of the situation. I spoke at sailors, airmen, and marines that he can also appreciated the open-minded approach length with Colonel Frizell, the Deputy Com­ that 20 years after the conflict in Vietnam, the Congressional and Congressional Staff mander, and received specific guidance re­ the United States is still trying to bring delegations took during their visits. Without garding my interactions with Mr. Hendon. home its fallen warriors. Through all the re­ the not always politically popular efforts of After our discussions, I returned to convey ports of the circumstances of loss I read, I Senators John McCain, John Kerry, Kit Colonel Frizell's guidance to Mr. Hendon. In did not see a single case of our soldiers being Bond, and Sam Nunn, I do not believe we Hawaii, Colonel Frizell immediately notified "abandoned" on the battlefield. Our service would be making the progress we are today. the Deputy CINCPAC, DPMO and other nec­ men and women should continue their Serv­ I always enjoy talking about our nation's essary agencies of our situation and actions. ice, knowing that we will come for them too. efforts in Vietnam, because I do not feel the Once back in my office, I told Mr. Hendon One of the most important findings of American people or, more importantly, the that I would not make a "media circus" of DOD's "Zero-Based Comprehensive Review of men and women of America's Armed Forces any live-sighting investigation as it would be Cases" is that if found "no evidence that in­ are aware of the extent of our nation's com­ inappropriate. Colonel Frizell also spoke to formation is being deliberately withheld" by mitment to resolving the very emotional Mr. Hendon telephonically twice. He ex­ the governments of Vietnam, Laos or Cam­ issue of Americans still missing in Southeast plained our position to him in what I am bodia.4s Could the Vietnamese Government Asia. This monograph has given me the op­ sure were much less politically correct terms do more? In my opinion, they probably portunity to reflect on the most rewarding than I had used. A distinguished career in could, but I also look at all the other dif­ year of my 22 year career, and to offer some the United States Marine Corps, which in­ ficulties they face as they try to rebuild thoughts as to how we approached our du­ cluded his aircraft being shot down over their country. I believe they are providing a ties. I hope this paper will be of some use to northern Vietnam during the conflict and level of cooperation far exceeding what those who may follow in similar situations, three years as the Deputy CJTF-FA, did not might be reasonable to expect of them, and and that it serves as a record of the impres­ exactly endear the likes of Mr. Hendon to that the Vietnamese Government is commit­ sion of just one member of a very large team Colonel Frizell. ted to continuing their current level of co­ dedicated to pursuing and achieving the full­ Mr. Hendon responded that he would not operation indefinitely. During a visit by one est possible accounting for Americans still give me the information until his conditions of the Congressional delegations to Vietnam, unaccounted-for in Indochina. were met. We reached an impasse that nei­ the Vice Foreign Minister of Foreign Affairs, I opened this paper with a quote describing ther of us was willing to skirt. Mr. Le Mai, said that he did not expect the why I think JTF-FA's mission is important. We concluded our meeting when Mr. Hen­ USG to stop pressuring Vietnam for assist­ I will close with another quote. How can the don asked 1f he could stay on the Ranch as ance in achieving the fullest possible ac­ contributions of JTF-FA best be summa­ he feared for his life. He claimed that Mr. counting. He simply hoped that it could soon rized? I think Admiral Richard Macke, Nguyen Xuan Phong (Director of the Ameri­ become just one issue of importance CINCPAC, said it best on February 10, 1995 cas Department) and Mr. Vu Chi Cong (my amongst many other issues discussed be­ when he presented the Joint Meritorious counterpart in the VNOSMP) had threatened tween two countries with normal relations. Unit Award to JTF-FA: his life. After speaking with Colonel Frizell, Though the issue of missing Americans is "What will be the legacy of Joint Task I denied Mr. Hendon's request for the follow­ still one of America's "highest National pri­ Force-Full Accounting? It won't be the sites ing reasons; the Ranch was not U.S. property orities," and it correctly remains the pri­ searched, the witnesses interviewed, the tons (as embassy property is) and therefore can­ mary issue of discussion between Vietnam of soil sifted. Your legacy will be the relief of not provide the protection to U.S. citizens and the United States, Mr. Le Mai's expecta­ the families of those we are able to account that embassies can, we did not have facilities tions are being realized today albeit slowly. for. And your legacy will be the iron-clad to support such requests, and finally, we During my tour in Vietnam, I received faith that the men and women of our armed were confident that his claims regarding the much more than I gave. The men and women services have in each other. When we are threat to his life was baseless and ridiculous. of Joint Task Force-Full Accounting are an next called upon to put ourselves in harms I did, however, make arrangements for him inspiration to us all as they endure the long way, we can do so without hesitation, be­ to stay in a room in a small six-room hotel hours, the elements, the heat, the humidity, cause we know you'll come. I can think of no immediately adjacent to the Ranch. Several the snakes, the unexploded ordnance, and greater legacy to leave to those who come of my personnel were also living in the hotel numerous other hardships to do their job­ after us." for a short time, so I thought that would and do so happily. The leadership of JTF-FA, God's noblest people and their fam111es ease his concerns for his safety (if he really Generals Needham and Viale and Colonel must always know that we'll come-no mat­ had any). As I walked Mr. Hendon from my Frizell, provided the guidance and resources ter how long it takes. office building, he asked what would happen I needed to accomplish the mission, but al­ if he refused to leave. I did not directly an­ lowed me the flexibility and authority I LIVE-SIGHTING REPORT-MR. BILLY HENDON swer his question, but made it clear that I needed to operate confidently and effec­ One of the most difficult periods of my ten­ would not allow him to stay on the Ranch. tively. I had the best command environment ure occurred in April 1995. Mr. Billy Hendon As Mr. Hendon left the Ranch, he locked I could have possibly hoped for. arrived in my office claiming to have infor­ himself to the outside metal gate of our The JTF-FA staff worked tirelessly behind mation concerning live Americans being held driveway with a set of handcuffs. Since it the scenes to make those of us in the field by the Vietnamese.47 He said that he had "ir­ was cloudy, beginning to sprinkle, and successful, and they did so without receiving refutable proof" that the Vietnamese were threatening thunder and lightning, I got many of the accolades and fanfare those of holding Americans in an underground facil­ some bolt cutters to free Mr. Hendon from us who were in the field received. I also must ity beneath a mountain in a militarily sen­ his handcuffs. I also did not want the press acknowledge the efforts of those who went sitive area in Vinh Phu Province (northwest to arrive with Mr. Hendon chained to my 12508 EXTENSIONS OF REMARKS May 23, 1996 gate. As I was cutting the handcuffs (from clarified this point with the press on several viduals such as Mr. Hendon and Mr. Jordan the inside of the gate with Mr. Hendon on occasions, but I do not think this was ever who manipulated the press, manipulated the the outside), Mr. Hendon was taking pictures made completely clear in the articles I saw. truth, misrepresented me, and misrepre­ of me. In any event, Mr. Hendon had another For almost two weeks, Mr. Hendon lived in sented those devoted to finding the truth. I pair of handcuffs and re-locked himself to the hotel next door to the Ranch, occasion­ believe they cloud the issue, develop distrust the gate a little later. ally sending a fax to me imploring me to amongst the families of the missing, and As we watched Mr. Hendon throughout the meet his conditions so he could provide his Americans in general, and do so for (in my day, we found that his efforts lacked a cer­ "intelligence" to me. He was also in obvious opinion) personal gain. tain amount of integrity and sincerity. contact with his associates back in the GLOSSARY Locked to the gate, he entertained members United States. We soon became the object of Americas Department: The department of of the press with his intent to remain locked several "National Vietnam P.O.W. Strike the Vietnamese Ministry of Foreign Affairs to the gate until such time as I was willing Force" newsletters written by Mr. Joe L. responsible for relations between Vietnam to investigate his claims of live Americans. Jordan, the Strike Force Commander. Mr. and the Americas (including Cuba). During Yet, after the departure of the press, and as Jordan is one of the more vocal critics of my tenure, the Director of the Americas De­ necessary, he unlocked himself from the gate U.S. policy in Vietnam regarding POW/MIA partment was Mr. Nguyen Xuan Phong. to return to his hotel room to use the bath­ efforts. H1s newsletters made statements Amnesty Program: The Vietnamese estab­ room, or he would pay young Vietnamese about me such as: lished the Amnesty Program to encourage children to bring him food and sodas and "Not only does Richmond refuse to go, he Vietnamese citizens to provide any remains even managed to get a chair to sit on outside demands that Hendon give him the data so and information they possess concerning un­ the gate. Needless to say, however, in the he can turn it over to the communists.4s accounted-for Americas to the Central Gov­ heat and humidity of Vietnam, Mr. Hendon "Will some other U.S. Army scumbag like ernment without fear of punishment. My ex­ soon decided that chaining himself to the LTC Richmond help the communists hide his perience indicated that the Vietnamese Gov­ gate would not bring him much progress [future U.S. POWs] whereabouts [sic) 30 years ernment was genuine in this offer. The only compared to the discomfort he was experi­ from now after he has been captured?46 instances I knew of where the Government encing. Soon he was only appealing at the "Your little panty-waisted, snot-nosed fag­ prosecuted Vietnamese citizens regarding re­ gate during selected press intervals. got commander of the ranch, U.S. Army Lt mains involved "remains trading." Later, I called the DFCJTF to ask permis­ Col Melvin Richmond whined, 'We might be Archival Research Team (ART): The Archi­ sion to call Stony Beach in Bangkok and re­ out there for months looking in each and val Research Team worked with the quest they send a live-sighting investigator every little cave.so•" VNOSMP to find SRV records containing in­ to Hanoi. In this manner we would be imme­ But my favorite passage was when Mr. Jor­ formation about unaccounted-for Americans, diately ready to respond to any valid infor­ and jointly researched and investigated re­ mation we might receive from Mr. Hendon. dan described Mr. Hendon's situation: "He [Mr. Hendon] was last seen running ports that private citizens had remains of He agreed, and the Vietnamese approved his unaccounted-for Americans. SRV records in­ visa within a few hours of our request. This down a dark alley in the red light and bar district near Le Nam De street with the KGB cluded war-time film footage, military and quick approval was extremely rare in Viet­ government records, and national museum nam. It normally took ten days for a routine in hot pursuit. A caucasion [sic) American of 61h feet in height like Hendon will not go un­ and library holdings. Established in October request and two to three days for an emer­ 1992, the ARTs had access to all civ111an and gency request. This told me the Vietnamese noticed for long and he is believed to already be in secret captivity, his exact whereabouts military museums, public security houses, understood the urgency of our request. tradition houses and newspaper and maga­ unknown.51'' I reviewed our actions with Mr. Jim Hall, zine offices in Vietnam. In May 1993, the the Chief, United States Liaison Office, Mr. Hendon was in a very comfortable, but VNOSMP and JTF-FA established the Joint Hanoi, and the DCJTF in Hawaii several conditioned hotel room next door to the Document Center (JDC) in the Central Army times each day during this ordeal to: 1) keep Ranch, meeting with the press everyday. The Museum in Hanoi. The JDC served as a re­ them informed of the situation, and 2) re­ only hardship I noticed with Mr. Hendon was pository for all documents, books, and re­ ceive their guidance. I continued to refuse to that the top of his head became very sun­ ports that Vietnamese and U.S. investigators meet with Mr. Hendon again unless it was at burned. uncovered. Three ARTs deployed to Vietnam the USLO with Mr. Hall. I also continued to Finally, Mr. Hendon's visa expired and the organizing their efforts along the lines of al­ deny Mr. Hendon further access to the Vietnamese refused to renew it. Before leav­ ready established Vietnamese M111tary Re­ Ranch. We remained w1lling to meet with ing, Mr. Hendon gave is the information he gions (MRs); ART 1 operated in MRl, MR2, Mr. Hendon whenever he decided to provide had via a fax, and we began the LSI process. and MR3, all in northern Vietnam. ART 2 op­ his information to us in the proper environ­ He left Vietnam proclaiming victory. erated in MR4 and MR5 in central Vietnam, ment; i.e., in a relatively secure environ­ When we finally investigated Mr. Hendon's and ART 3 operated in MR7 and MR9 in ment on U.S. property such as the USLO and information, the results were as we sus­ southern Vietnam. In February 1995, the RIT not in the middle of a press conference. pected they would be. The location he pro­ assumed the duties of the ART as it was no As time went on, Mr. Hendon decided to vided was some 50 kilometers outside the longer necessary to have a single team dedi­ hold a press conference to give the press the Vinh Phu military reservation. It was in the cated entirely to this effort. details of his "intell1gence." During this middle of expansive rice paddies-not a Anthropologist/Archeologist: Each RE has conference he claimed that we refused to mountain in view. And there was no evidence an anthropologist assigned to it. The anthro­ meet with him (we did not--we only insisted of live Americans ever having been held in pologist/archeologist provides the scientific that we meet in the proper forum), that we that area. As a matter of fact, Mr. Hendon control for the recovery site and ensures refused to investigate this case (we did not-­ had been to that very location a couple of that every aspect of the recovery operation we were awaiting his information) and that years previous. conforms with scientific standards that can the Vietnamese had denied us access to this It is unfortunate that individuals such as withstand the closest legal and scientific site for investigation. He said that I had lied Mr. Hendon are able to manipulate the press scrutiny. Most anthropologists/archeologists when I said the Vietnamese had never denied and manipulate the hopes of fam111es the assigned to CILHI are under contract to the us access to any site for the purpose of a LSI. way he does. At one point I told Bruce Stan­ Army Corps of Engineers. The anthropolo­ Mr. Hendon did a skillful job with the press ley of AP that I thought they were giving gists/archeologists working in the field are of mixing apples and oranges regarding ac­ Mr. Hendon entirely too much attention. I highly respected and among the world's most cess to the site. His claims of being denied said that they were allowing Mr. Hendon to accomplished scientists of their fields. With­ access to the Vinh Phu m111tary reservation build a story where none exists. Bruce agreed in the elite group, CILHI certifies certain an­ implied that the Vietnamese had denied ac­ with my assessment, but said that they had thropologists/archeologists as being able to cess to the site for the purpose of investigat­ to follow him . . . just in case he did some­ turn away remains. If a team recovers what ing a live-sighting. We had not. As I dis­ thing newsworthy. they suspect to be a bone at a recovery site cussed earlier in this monograph, the Viet­ There are hundreds of great Americans they cannot dispose of that piece of remains namese did deny us access to the reserva­ working tirelessly, often in very inhospitable (even if it has a beak on it or is an obvious tion, but that was during our investigation conditions, to try to resolve this issue. There animal bone) unless a certified anthropolo­ of Case 0644, not an LSI. It is important to are other organizations such as the National gist/archeologist authorizes the team to do stress that to my knowledge, and to the League of Families and U.S. veterans groups so. knowledge of the primary Stony Beach live who disagree with U.S. policies concerning Died-in-Captivity Cases (DIC): Of the 84 sighting investigator, JTF-FA and Stony Vietnam, but I always felt that their mo­ SRT cases, 27 cases representing 29 individ­ Beach investigators have never been denied tives were pure and their intentions the uals are DIC cases. Since these cases involve access to any location anywhere in Vietnam same as ours-to find the truth for the fami­ individuals who died while in Vietnamese as a part of a live sighting investigation. I lies of the missing. I strongly resented indi- captivity, U.S. Government officials believed May 23, 1996 EXTENSIONS OF REMARKS 12509 it reasonable to assume that the Vietnamese their initial operating location. Each JFA LSI. Once the investigator completes his in­ should have control of the individuals' re­ lasts approximately 30 days. vestigation, he debriefs the Commander, De­ mains or know of their whereabouts. Joint Forensics Review: At the close of tachment 2 and returns to Bangkok, where Discrepancy Cases: Another name for Pri­ each JFA Vietnamese and U.S. forensics spe­ he files his report with DIA. An interagency ority Cases. cialists examine all remains the joint IRT board in Washington, DC reviews the report Dog Tag Reports: Since 1979, the United obtained during the JFA and any Detach­ and votes to resolve, reinvestigate, or de­ States Government has received thousands ment 2 may have obtained since the last re­ velop additional information for the case. of reports of remains associated with dog view. They study the remains to scientif­ Mortuary Affairs Specialist: Specialists as­ tags in the hands of private citizens. About ically ensure they are likely to be remains of signed to USACILHI whose Military Occupa­ 97% of the Americans named in these reports a missing American. tional Skill (MOS) involves proficiency and were never unaccounted for. A little more Last Know Alive Cases: Another name for knowledge in wartime/combat burials. than 100 Americans named in the reports are Priority Cases. Oral History Program (OHP): The Oral His­ still unaccounted-for. The Archival Research Last Known Location: The last known lo­ tory Program began in 1979, when analysts Team began investigating these cases in cation is very similar to the incident loca­ from the Defense Intelligence Agency (DIA) July 1994. tion; the site where the unaccounted-for began interviewing refugees from Vietnam Excavate: If an IE discovers credible infor­ American was last seen or thought to have to try to uncover information regarding un­ mation (i.e.; witness testimony, wreckage, been (e.g., crash site, burial site, site of an accounted-for Americans in Vietnam. From etc.) that allows it to narrow the scope of ambush, etc.). IEs are always required to 1988 to 1992, Vietnam allowed limited access work at a location to a reasonable size loca­ visit the last known location (unless during to Vietnam for OHP analysts. In May 1993, tion, it will recommend that an RE excavate the course of their investigation they find JTF-FA presented what became known as the site to try to find remains. evidence that categorically refutes the last the "List of 83" to the Vietnamese Govern­ Explosive Ordnance Specialist: An EOD known location). Even for over-water cases, ment. This list contained the names of 83 specialist is assigned to each IE and RE. It is the IE wm go up to ten miles out to sea to former and current PAVN officers and gov­ a common occurrence for our teams to en­ investigate the last known location. ernment officials who the USB believed counter live ordnance remaining from the Life Support Technician (LST): An LST is could have information regarding unac­ conflict in Vietnam. The EOD specialist en­ assigned to every RE. He has two primary counted-for Americans. Between May and sures the safety of the team during its oper­ missions; (1) confirm that the aircraft wreck­ December 1993, OHP team members from De­ ations. age at the site correlates to the aircraft of tachment 2 interviewed 74 of the individuals Fate Determined: A normal IE team can loss, and (2) determine if the crew members from the "List of 83." This included 14 flag make three recommendations after inves­ were aboard the aircraft at the time of im­ officers and 36 field grade officers and led to tigating a case; reinvestigate, excavate, or pact. They did this by analyzing the wreck­ the accumulation of information concerning pending. In the case of Priority Case Inves­ age, identification media, crew member life over 40 cases involving 21 unaccounted-for tigations, the team may make one other rec­ support equipment, etc. Americans. Between January and June 1994, ommendation, fate determined. This means Live Sighting: Contrary to popular opin­ JTF-F A continued to press the Vietnamese that although the case is still unresolved, ion, this does not always mean a current re­ for access to the remaining nine individuals, the team did conclude that the unaccounted­ port of a live American either living freely but for a variety of reasons, could not gain for American died, thus his "fate has been or being held against his w111 in Vietnam, access to them, and the OHP essentially determined." Further investigations will though this could be the case. Every day, an­ ground to a halt. Some inside and outside continue as necessary or until the case is re­ alysts in Hawaii and Washington, DC pore the USG felt the program had failed because solved. over historical documents and reports we were denied access to the remaining nine searching for information pertaining to an individuals despite our success in interview­ Graves Registry Cases: Of the 84 SRT ing 89% of those we requested to interview. cases, 39 cases representing 46 individuals are unaccounted-for American. Should they un­ cover a report of a live American during In July 1994 we proposed to the VNOSMP SRV Graves Registry cases. The names of that we reinvigorate the OHP by approach­ these 46 individuals appeared on provincial their research (e.g., an analyst finds a pre­ viously undiscovered notation indicating a ing the program differently. We rec­ graves registries, therefore the USG position ommended that we get away from con­ is that since the registries reflect that the captured live American was being led through a village in South Vietnam in 1967), centrating on a "List of 83" and instead con­ Vietnamese knew of the burial location dur­ centrate on the product we gain through the ing the war, they should stm know the this discovery could result in the initiation of a live sighting investigation. program's interviews. The Vietnamese whereabouts of the remains. agreed and we began providing the Vietnam­ Incident Location: Site where the unac­ Live Sighting Investigation (LSI): These ese with a list of individuals we would like to counted-for American was last seen or receive the highest priority of any other op­ interview during a specified "investigation thought to have been; e.g., crash site, burial eration involved with resolving this issue. period" (normally concurrent with a JF A; 30 site, site of an ambush, etc. Investigators from the Defense Intell1gence day period), and then interviewed all they Investigation Element (IE): Each IE is Agency (DIA) office in Bangkok, Thailand, made available. For those who we felt composed of a Team Chief, an Assistant Stony Beach, investigate all live sightings. strongly that we needed to interview, but Team Chief, two analysts/linguists, two Mor­ JTF-FA, DPMO, JTF-FA and the VNOSMP were not agreed to by the Vietnamese, we tuary Affairs Specialists, a medic and an go to great lengths to assure the integrity of continued to resubmit the names. The bot­ EOD Specialist. each LSI. DPMO receives all live sighting re­ ports either from the field, their analysts, or tom line is that in August 1994, we began a Investigation/Recovery Team (ffiT): The any other source. They analyze each report, new interview phase. In September 1994 we IRT includes all members of IEs, REs and reinterviewed Military Region 4 Graves Reg­ and prepare draft requirements before istry compilers and in October 1994 held a se­ any other support personnel deployed to tasking Stony Beach to investigate the Vietnam for approximately 30 days to con­ sighting. Though DPMO can notify Stony ries of interviews in Quang Nam-Da Nang duct a single Joint Field Activity. Province. The OHP continues a strong pro­ Beach of the requirement via secure means gram today. Joint Document Center (JDC): The Viet­ of communications, Detachment 2 has no namese established the JDC in a wing of such capability. To minimize the oppor­ Over-Water Case: 470 unaccounted-for their Central Army Museum in Hanoi. It tunity for anyone to accuse the Vietnamese Americans are known to have been lost at serves as a location for U.S. and Vietnamese of "rigging" the investigation or "rehearse" sea. Most of these cases involve aircraft that specialists to examine and store archival in­ witnesses, the only information that passes were hit and tried to escape to the relative formation such as films, photographs, arti­ to the Detachment is that DPMO has initi­ safety of the ocean before crashing. Other in­ facts, documents, etc. ated an LSI and a Stony Beach investigator clude losses of individuals when their vessels Joint Field Activity (JFA): JTF-FA con­ needs an entry visa into Vietnam. It is not sank, or who were swept overboard. In Viet­ ducts six JF As annually in Vietnam. Teams until the investigator arrives in Vietnam nam alone, over-water cases account for 449 deploy by U.S. C-130 and commercial aircraft and sits down with the Commander of De­ of the more than 1600 unaccounted-for. into Vietnam from U'Tapao Air Base, Thai­ tachment 2 and VNOSMP officials that any­ Pending: If an IE investigates a case and land into Nol Bai International Airport, one in Vietnam knows the specifics of the exhausts all leads without finding enough in­ Hanoi (for teams operating in northern Viet­ case. There have been many instances where formation to recommend a site to excavate, nam), Da Nang International Airport, Da immediately following the initial meeting the team leader recommends placing the Nang (for teams operating in central Viet­ with his Vietnamese counterpart, the Stony case in the pending category. This does not nam), and Tan Son Nhat International Air­ Beach investigator and his counterpart de­ mean the case is closed as many contend. In­ port (for teams operating in southern Viet­ part immediately for the site. The Vietnam­ stead, pending means that there are no fur­ nam). From these initial staging areas, IEs ese have never denied access by the Stony ther leads to pursue, and until such time as and REs deploy by ground or helicopter to Beach investigator to any site involving an someone develops a credible lead, the JTF 12510 EXTENSIONS OF REMARKS May 23, 1996 will not actively investigate the case. How­ not completed investigating the leads they VNOSMP, and loads them on a U.S. aircraft ever, should an analyst uncover new infor­ were assigned or have developed new leads for return to the United States. mation or questions regarding the pending that they were unable to pursue, they rec­ Research & Investigation Team (R!T): The case, JTF-FA will reactivate the case and ommend a team reinvestigate the case in the RIT is a six-person team that deploys to schedule it for reinvestigation. This has oc­ future. Vietnam for a period of four months. It is curred on several occasions. Remains Not Recoverable: IE teams can manned with the most skillful Vietnamese Photo Cases: of the 84 SRT cases, 11 cases recommend three categories for cases they linguists and analysts assigned to the JTF representing 12 individuals are Photo cases. investigate, excavate, reinvestigate, or pend­ and works its most difficult cases. It is re­ In many instances, either for historical or ing. PCIT and SRT investigators can also sponsible for archival research, oral history propaganda purposes, the Vietnamese photo­ recommend "Remains Not Recoverable." interviews, special remains and priority case graphed bodies and body parts of dead Amer­ This recommendation means that the inves­ investigations, an walk-in interviews. icans. We have correlated several such pho­ tigator has fully investigated the case and is Resolved: To legally identify the remains tographs to 11 cases, 12 individuals who are confident that the remains of the unac­ as being those of an unaccounted-for Amer­ still unaccounted-for. The USG position is counted-for American have either decayed ican. that since the Vietnamese photographed the beyond hope for ever being found, been de­ Scope Loss (or Off-the-Scope Losses): In bodies or remains, they should still control stroyed, or otherwise beyond the capability many instances during the conflict, Amer­ or know the whereabouts of these remains. of ever being recovered. Example-In one ican aircraft simply disappeared from the Priority Case: Also known as Discrepancy SRT case we found a Vietnamese villager "radar scopes" of ground monitoring sta­ Cases, Last Known Alive Cases, or even Pri­ who had actually buried an unaccounted-for tions, or the individuals were "never heard ority Last Known Alive Discrepancy Cases. American. When he led investigators to the from again after embarking on long-range When General Vessey became the President's site, he saw that what had been a small ground or air reconnaissance missions or Special Envoy to resolve the issue of Ameri­ stream during the war, had swollen to be after their aircraft were last seen visually on cans still unaccounted-for in Southeast Asia, much wider. He pointed to where he had bur­ radar heading toward a given target." In one of his first steps was to direct analysts ied the American in what he described as a these instances, !Es use the point at which to review all existing cases and determine shallow grave, but it was now completely the aircraft or patrol went "off the scope" as the cases where the individual is thought to submerged. The investigators classified this the last known location, or they will ex­ have survived his incident of loss and may case as "Remains Not Recoverable" as the trapolate from that point using the direction still be alive. (Hypothetical Example: Two remains had certainly washed away over and speed of travel to try to determine pos­ aircraft were attacking a target and a sur­ time, and the likelihood of recovering them sible location of the loss. Scope losses in­ face-to-air missile impacts one of the air­ was very remote. volve the loss of 308 individuals. DPMO has craft. That aircraft's wing man sees the pilot determined that it cannot resolve the cases Remains Obtained: Obtaining remains in­ of 54 of these individuals.s2 eject, and descend to the ground under a cludes receiving and recovering remains. good parachute. The wing man might even Special Remains Case: Unlike the Priority Remains Received: To receive remains Cases where the USG believes the unac­ have observed the pilot being captured and means to gain possession of them when a Vi­ led away. This is one type of Priority Case. counted-for individual might have survived, etnamese citizen or official gives them to a we know that the individuals associated with We know the individual survived his incident U.S. official. of loss, he did not return to the United Special Remains Cases died. However, be­ States during Operation Homecoming, and it Remains Recovered: To recover remains cause of photographic evidence, names ap­ is possible that he is still alive.) JTF-FA and means to gain possession of them through an pearing on graves registries, POW camp the VNOSMP formed a joint Priority Case excavation. records, or other Vietnamese records it is Investigation Team to make a focused effort Remains Recovered But Not Repatriated reasonable to assume that at one point the to determine the fate of the Priority Cases in Cases: Of the 84 SRT cases, seven cases rep­ Vietnamese had control of the individual's Vietnam. Operations began on 11 June 1993 to resenting 11 individuals are Remains Recov­ remains, and should now be able to produce determine the fate of 92 individuals associ­ ered But Not Repatriated cases. !AW the those remains. There were originally 84 Spe­ ated with 73 cases. Eventually, this list grew terms of the Paris Peace Accords ending our cial Remains cases. to 196 cases. To date, teams have inves­ involvement in the conflict in Vietnam, the Special Remains Case Team (SRT): This tigated every Priority Case at least once, Vietnamese provided a list of remains they team's mission was to work with the some seven to eight times. Of the 196 individ­ had recovered and were repatriating to the VNOSMP to resolve the 84 SRT cases for uals, one is a foreign national, and 27 have United States. These 11 individuals correlate which the United States Government had been resolved completely. There remain 50 to remains the Vietnamese reported that reason to believe the Vietnamese should be individuals whose fate has not yet been de­ they had recovered, but that the USG claims able to provide a full accounting. termined. it did not officially receive. Stony Beach: Stony Beach is the Defense Priority Case Investigation Team (PCIT): Remains Trading: Selling or trading re­ Intelligence Agency (DIA) office in Bangkok, The U.S. and Vietnamese governments mains or information. We know that many Thailand. Stony Beach analysts investigate deemed investigating the Priority Cases to Vietnamese citizens possess remains; every all live sightings and provided the primary be so important that they formed a special JFA the !RT receives remains from Viet­ investigator on the PCIT. team dedicated solely to investigating these namese citizens. It is not uncommon for a Tri-Lateral Operations: During the war in cases. The U.S. manned the team with a DIA/ Vietnamese to offer to provide the informa­ Indochina, the Vietnamese controlled major Stony Beach investigator to ensure the high­ tion/remains in exchange for monetary com­ portions of Laos and Cambodia. As such, est quality investigation. pensation or a visa to the United States. In when we investigate cases in Laos and Cam­ "The Ranch": The Ranch is the small com­ a few cases, what we called "remains deal­ bodia, it is very likely that Vietnamese citi­ pound located in the northwestern corner of ers" approached our investigators. These zens (former PAVAN or VC) would have more information concerning the incidents of loss Hanoi that houses Detachment 2, JTF-FA. It "remains traders" differed from the average has three buildings, a team house, a TDY citizen requesting "compensation" in that than any Laotian or Cambodian citizens. If building, and an office building. JTF-FA they made their living from this endeavor. we can identify a Vietnamese citizen who leases this facility from the Vietnamese. The Neither U.S. or Vietnamese officials will pay possesses such information, we will coordi­ for remains or information. nate between Vietnam and the third country original Detachment 2 tenants named it the (Cambodia or Laos) to bring that witness Ranch as it was a truly American name. Repatriation: To return remains to the into their country to visit the site during a Recovery Element (RE): Each RE is com­ United States. In the case of Vietnam, teams JFA in that country. These are called Tri­ posed of a Team Chief, a Non-Commissioned must provide all remains obtained to their Lateral Operations as they are joint U.S.! Officer in Charge (NCOIC), an anthropologist Vietnamese counterparts. At the end of the SRV/KOC or U.S.!SRV/Laos operations. or archeologist, a photographer, four Mor­ JFA, Vietnamese and U.S. forensics special­ Unilateral Research & Investigations: tuary Affairs Specialists, two analysts/lin­ ists from USACILHI examine all remains ob­ Many people both inside and outside the guists, an EOD Specialist, a Life Support tained to assure they are likely to be those USG believe that the only way we can re­ Technician (LST), and a medic. The Team of an American. If they conclude they are solve this issue fully and rapidly is for the Chief is normally an Army Quartermaster not America, the U.S. specialists do not ac­ Vietnamese Government to increase their Corps Captain. Most of the RE comes from cept them for repatriation to the United unilateral research and investigations. It is USACILHI. The analysts/linguists and LST States. my opinion that some emphasize unilateral are assigned to JTF-FA. The EOD Specialist Repatriation Ceremony: Ceremony at Noi research because they believe the Vietnam­ and medic can come from any Service, nor­ Bai International Airport, Hanoi, SRV, ese are purposely withholding archival infor­ mally from a unit assigned to PACOM. where the Commander, Detachment 2, on be­ mation and even remains. They stress "uni­ Reinvestigate: If, after the end of a JFA or half of the United States Government offi­ lateral" research in a round-about way of de­ investigation period, the investigators have cially accepts remains from officials of the manding the Vietnamese release these items. May 23, 1996 EXTENSIONS OF REMARKS 12511 My experience does not lead me to believe PCIT: Priority Case Investigation Team. 25See Glossary. the Vietnamese are withholding anything, RE: Recovery Element. ze See Glossary for an explanation of "Fate Deter­ mined." and that as they find . documents and re­ · SRT: Special Remains Team. mains, they are submitting them to Detach­ 27 See Glossary. SRV: Socialist Republic of Vietnam. 28 A karst is a relatively small peak jutting ment 2. I believe our investigations are most straight out of the ground. They are extremely fruitful when performed jointly with the Vi­ STAFFDEL: Congressional Staff Delega­ tion. steep, sometimes with sheer faces. and are normally etnamese; the investigations are always a few hundred feet tall. more thorough and the reports of investiga­ UPI: United Press International. 211 See Glossary. tion are uniformly more detailed. For those USACILHI: United States Army Central 30We do not pay for remains or cooperation, how­ instances where the Vietnamese deny access Identification Laboratory, Hawaii. ever, we do pay landowners for alterations we inflict to an American, and unilateral research/in­ USLO: United States Liaison Office. on their property; e.g. if we excavate a site in the middle of a farmer's rice paddy, it is only right that vestigation by Vietnamese officials is the USPACOM; United States Pacific Com­ only other option, then, and only then, we compensate him for his lost crop. mand. 31 See Glossary. should we accept unilateral research as a VNOSMP: Vietnamese Office Seeking Miss­ 32 See page 72 for an explanation of this program. viable option. ing Persons. 33 From June 1994 until June 1995, the following United States Central Identification Lab­ delegations visited Hanoi; two Presidential delega­ oratory, Hawaii (USACILHI or more com­ FOOTNOTES tions headed by Ambassador Winston Lord and DSD monly C!Lfil): CILHI has a world-wide mis­ 1Lesl1e Weatherhead, ··comradeship," quoted by for Veteran Affairs Herschel Gober. CODEL Bond sion to search for, recover and identify U.S. Admiral Richard Macke, CINCP AC, in a speech (Senators Kit Bond, Sam Nunn, John Glenn, David awarding the Joint Meritorious Unit Award to JTF­ Pryor. W1lliam Cohen, and Barbara Mikulski), service men missing from all conflicts. F A, February 10, 1995. CODEL Kerry (Senator John Kerry), CODEL Spence Vietnamese Office Seeking Missing Per­ 2 NOTE: Other names I will use for these countries (Congressman Floyd Spence), CODEL McCain (Sen­ sons (VNOSMP): The VNOSMP is Detach­ throughout the text are Vietnam or SRV, Laos, ator John McCain). CODEL S1mon/Murkowski, Cambodia or KOC, and China or PRC, respectively. ment 2's counterpart organization in the Vi­ 3 STAFFDEL Record. STAFFDEL Stetson, CODEL etnamese Ministry of Foreign Affairs. It is Unless otherwise noted, statistics used through­ Rohrabacher, DASD for POW/MIA Affairs James responsible for coordinating Vietnamese ef­ out this monograph are current as of February 27, Wold, DASS Peter Tomsen (2), Admiral Zumwalt, 1996 and were provided to the author by the Public and Sergeant Major of the Army Richard Kidd. forts to resolve the issue of unaccounted-for Affairs Office, JTF-FA, Camp Smith, Hawaii. 34 We based our assumptions on what we had seen Americans. It is not involved with Vietnam­ 4JTF-FA mission statement. 5 in the past. Each ministry had a normal way of op­ ese efforts to seek its own missing from the Unaccounted-for or missing are the correct tenns erating, and seldom deviated from it. war. My direct counterpart during my tenure when referring to the individuals we were searching 35He had worked wtth JTF-FA teams for several was Mr. Vu Chi Cong. for. POW, MIA and KIA are legal terms DOD uses to years, understood American slang as well as most classify wartime losses and help detenntne benefits Americans, and was very comfortable 1n the pres­ Walk-In Interviews: We always kept a for the next-of-kin and the actual service member. skilled linguist at the Ranch in case a Viet­ There are no remaining POWs or MIAs from the con­ ence of Americans. He is currently attending Amer­ namese citizen arrived offering to provide ican University in Washington, DC on a Ford Foun­ flict in Southeast Asta. Colonel Charles Shelton was dation grant. some information, remains, artifacts, etc., to the last service member carried as a POW. The USG 38 continued to carry him as POW after it had reclassi­ Steven Butler, "A painful search for the miss­ us. As noted earlier, our office was depicted ing," U.S. News and World Report, 118, no. 17 (May l, on tourist maps and an advertisement for fied all other missing service men so that he might serve as a national symbol that the unaccounted-for 1995); 62. our office was in the Hanoi Yellow Pages. We 37 " would not be forgotten." Colonel Shelton's family Ms. Griffith's brother is stm unaccounted-for as normally had a couple of walk-in interviews recently requested that the USG change his status a result of his aircraft crashing. In her role as the each week. to killed in action. body not recovered, and DOD Executive Director of the NLF, Ms. Griffith is an ar­ ABBREVIATIONS/ACRONYMS concurred with their request. dent supporter for the fam111es of the unaccounted­ 8 See Glossary for a complete explanation of the for. Her knowledge of the totality of the issue is. in AP: Associated Press. nature of today's Joint Field Activities. my opinion, second to none. Though I strongly dis­ ART: Archival Research Team. 7Bobby Garwood's return does not count in this agree with her on many of her interpretations of the CILill: More common reference to the first category as he was never " unaccounted-for." facts, I have never disputed her strong desire to 8 fully resolve this very difficult and emotional issue. United States Army Central Identification Department of Defense, "A Zero-Based Com­ prehensive Review of Cases involving Unaccounted 38Author of A Bright Shining Lie. Laboratory, Hawaii than the more accurate for Americans in Southeast Asia," (November 13, 311 Ms. Smith is the daughter of a pilot st111 unac­ USACILHI. 1995), p. l. counted-for at the time of my departure. She came CINCPAC: Commander-in-Chief, United 11 Ibid. to Vietnam to try to find the crash site of her father States Pacific Command. Admiral Macke lOJbid, pp. 4-7. and to bring some type of closure to her loss. Ms. was the CINCPAC during my tenure. 11 Ibid, p. 6. Smith was able to visit the site we had identified 12 Ib1d. during past JFAs and seemed satisfied with her find­ CJTF-FA: Commander, Joint Task Force­ 13I met with the USAF Casualty Office in San An­ ings. Shortly after her visit we excavated her fa­ Full Accounting. Major General Thomas H. tonio, Texas prior to changing command. I was ther's crash site (the excavation was scheduled prior Needham was the initial CJTF-FA. His com­ scheduled to meet with the USN Casualty Office, but to her visit. and was not a result of her visit). Exca­ mand extended into the first month of my nobody from their office showed up for the appoint­ vators found what they believed to be her father's command at which time Brigadier General ment they scheduled with me. Naval Academy ring in the excavation. 14 See Interaction with the Media for a discussion 40 See Annex A for a complete explanation of the Charles Viale assumed command (27 July Mr. Hendon live-sighting claims. 1994). of the training I received. 1s See the Glossary for explanations of these tenns. o I had worked for then BG David Bramlett in the CODEL: Congressional Delegation. 1eTable 1 reflects the number of remains repatri­ 25th Infantry Division (Light). During most of my DIC: Died-in-Captivity. ated during this period. Not all have been identified. tenure in Vietnam, LTG Bramlett was the 17 DPMO: Defense POW/MIA Office. The National League of FamHies is very active DCINCPAC. in trying to resolve this issue. Though I believe 42 Discussion led by Ambassador Marc Baas to the EOD: Explosive Ordnance Disposal. they, like all members of JTF-FA. are committed to Asta-Pacific Regional Strategic Assessment class on IE: Investigation Element. achieving the fullest possible accouting, the NLF 23 February 1996. !RT: Investigation & Recovery Team. and its Executive Director are often critical of USG 43 In his actual meetings with the Vietnamese, by policy toward Vietnam. The NLF did not support ei­ the way, Mr. Gelbard fully supported the issue of JCRC: Joint Casualty Resolution Center. ther President Clinton's decision to lift the trade missing Americans as the USG's highest priorities. JDC: Joint Document Center. embargo against Vietnam, or his decision to normal­ so my concerns regarding that particular visit were JFA: Joint Field Activity. ize relations between the United States and Viet­ possibly somewhat unwarranted. Overall, however. I nam. think the concern was (and may st111 be) a valid one. JTF-FA Joint Task Force-Full Account­ 1BJust as a note of interest, Mr. W1lloughby did 440riental New Year. ing. not think very highly of the accuracy of this book. 4e "A Zero-Based Comprehensive Review of Cases KOC: Kingdom of Cambodia. Normally re- 111 SRCol Bien was a 45 year PA VN veteran. He Involving Unaccounted for Americans in Southeast ferred to only as Cambodia. fought the Japanese, the French, the Americans, Asia." and the Cambodians. He is the MND representative 47 Personal Opinion-Mr. Hendon is a former Con­ LSI: Live Sighting Investigation. to the VNOSMP. gressman from North Carolina. I believe that he LST: Life Support Technician. 20see Glossary. makes unsubstantiated claims concerning the POW/ MFA: Vietnamese Ministry of Foreign Af­ 21At the time, the USLO had not yet opened. Mr. MIA issue to fan the emotions of families and veter­ fairs. Hall was the Chief of the Vietnam/Laos/Cambodia ans in America. It is my opinion that he manipu­ desk, East Asian & Pacific Affairs, DOS. lates this issue to win support for election activities MND: Vietnamese Ministry of National De- 22 Peoples Anny of Vietnam. and to earn a living. fense. 23 Virginia Foote, President. U .S.Nietnam Trade 4BJoe L. Jordan. "National Vietnam P .O.W. Strike MO!: Vietnamese Ministry of the Interior. Council, ·'Progress. Problems and Suggestions to Force" Newsletter. June 4, 1995. OHP: Oral History Program. MIA accounting," memorandwn for the March 1996 48Jbid. Presidential Delegation to Vietnam, 29 February SO Joe L. Jordan, " National Vietnam P.O.W. Strike P ACOM: More common reference to the 1996. Force" Newsletter. June 9, 1995. United States Pacific Command than the 24See Glossary for an explanation of trilateral op­ s1 Joe L. Jordan, " National Vietnam P.O.W. Strike more accurate USPACOM. erations. Force" Newsletter. June 4, 1995. 12512 EXTENSIONS OF REMARKS May 23, 1996 ~"A Zero-Based Comprehensive Review of Cases BLOCKING WORK TO WELFARE more than simply differences of minimum Involving Unaccounted for Americans in Southeast wage rates. Other economists argued that Asia." p.10. The rhetoric of raising the minimum wage has been linked to welfare. Proponents of the study design was flawed. higher minimum wages argue that a higher Other economists were able to review the MINIMUM WAGE minimum wage is necessary to encourage study using better data with devastating re­ welfare recipients to enter the work force. sults for the Card-Krueger study and the Ad­ Tragically, as the minimum wage encour­ ministration argument. Card and Krueger HON. JIM SAXTON ages welfare recipients to search for employ­ gained their data by asking one question. OF NEW JERSEY ment, it makes it more difficult for them to "How many full-time and part-time workers are employed in your restaurant, excluding IN THE HOUSE OF REPRESENTATIVES find work. First, with fewer jobs available, it is more difficult for all workers to find em­ managers and assistant managers?" Depend­ Thursday, May 23, 1996 ployment. Second, a higher minimum wage ing upon the answer, they interpolated em­ makes work more attractive to many people. ployment trends. It is clear from this ques­ Mr. SAXTON, Mr. Speaker, earlier today in tion that their report was deeply flawed. my remarks during the debate on increasing This expanded pool of job applicants allows employers to be more selective. Employers First, the person answering the phone was the minimum wage, I mentioned over 100 pick applicants with more skills from this allowed to interpret this question dif­ studies that unanimously agree that raising the pool. Welfare recipients suffer because there ferently. Did they mean how many people minimum wage has a detrimental effect on are fewer jobs and more competition. The re­ this week, this month, this shift? Who is a employment. I also mentioned that the "Card­ sult of higher minimum wages is to keep part-time worker? Varying interpretations Krueger studies" are erroneous in their con­ welfare recipients dependent on the govern­ of this question allowed different answers clusion that raising the minimum wage in­ ment for a longer time. from the same restaurant over the period of the study. The data Card and Krueger col­ creased employment in New Jersey. DESTROYING HUMAN CAPITAL lected show incongruous results. For exam­ This summary of the academic researc~ It is increasingly apparent that the key to ple, a Wendy's restaurant went from 35 em­ 100 studies-on the minimum wage is de­ a prosperous life is education. Sadly, in­ ployees (zero full-time, 35 part-time) to 65 signed to give nonspecialists a sense of just comes of high-school drop-outs are failing to employees (35 full-time, 30 part-time). Other how isolated the Card-Krueger studies are. It keep pace with the incomes of college grad­ restaurants show strange results as well. also indicates that the minimum wage has uates. Dropping out of high school is almost Second, they simply divided the number of wide-ranging negative effects that go beyond a guarantee of a difficult life. Public policy part-time employees by two and added them should take careful pains to encourage stu­ to the number of full-time employees. This just unemployment. For example, higher mini­ dents to stay in school. Unfortunately, rais­ mum wages encourage employers to cut back method of estimating employment effects ing the minimum wage encourages high­ cannot accurately estimate the effects of on training, thus depriving low-wage workers school students to drop out. By altering the higher minimum wages. Restaurant man­ of an important means of long-term advance­ rewards to work, some students leave school agers simply could have responded to a high­ ment in return for a small increase in current for minimum wage jobs. However, without a er minimum by forcing employees to accept income. For many workers this is a very bad high school degree, advancement is more dif­ fewer hours. tradeoff, but one for which the law provides no ficult. The best data Card and Krueger could have alternative. THE ARGUMENT FOR HIGHER MINIMUM WAGES: obtained from these restaurants were hours Last year I placed into the RECORD the com­ THE SANDY FOUNDATION worked. However, they did not obtain that plete list of these 100 studies. If you are inter­ "Now, I've studied the arguments and the evi­ data. Another set of economists, Dr. David Neumark and Dr. William Wascher, obtained ested in reviewing the complete list, please dence for and against a minimum wage increase. I believe the weight of the evidence is that a the payroll data from the restaurants Card refer to page 5269 of the February 16, 1995, and Krueger surveyed. When Neumark and issue of the CONGRESSIONAL RECORD. modest increase does not cost jobs, and may even lure people back into the job market."­ Wascher calculated the numbers, using the Also, for a better understanding of why I be­ President Bill Clinton, State of the Union identical statistical methodology of Card lieve an increase in the minimum wage will Address, Jan. 24, 1995. and Krueger, they found the exact opposite hurt those ifs intended to help, I am putting of Card and Krueger. Card and Krueger found The argument against raising the mini­ that restaurant employment in New Jersey into the RECORD a Joint Economic Committee mum wage has a long and noble history. Sev­ rose, while restaurant employment in Penn­ Report entitled "Raising the Minimum Wage: eral of the most prominent economists have sylvania fell. Neumark and Wascher found The Illusion of Compassion", April 1996. argued against minimum wages. Yet, the that employment in Pennsylvania rose more RAISING THE MINIMUM WAGE: THE ILLUSION OF Democrats continue to argue for higher min­ rapidly than employment in New Jersey. A COMPASSION imum wages. Labor Secretary Robert Reich Presidential Commission found in 1980 that "{B]ut as Clinton himself explained two years and Laura D' Andrea Tyson held a press con­ teenage employment fell one to three per­ ago, hiking the minimum [wage] is "'the wrong ference to laud several studies that claim cent for every ten percent hike in the mini­ that higher minimum wages have no delete­ mum wage. The difference between Pennsyl­ way to raise the incomes of low-wage earn­ rious effects on employment. The whole ar­ ers.' "-(Time, February 6, 1995, p. 'l:l). vania and New Jersey was exactly within gument of the press conference was based on that range. Once again, we hear the cries to raise the a study by Dr. David Card and Dr. Alan The Card and Krueger study has collapsed. minimum wage. The rhetoric is familiar; Krueger of Princeton University. Drs. Card The foundation of the Administration's argu­ "the minimum wage isn't a living wage," and Krueger examined the differences be­ ment for higher wages has fallen apart. Rais­ and "we need to ensure that work pays." tween New Jersey, which imposes a state­ ing the minimum wage destroys jobs. Only However, raising the minimum wage is a wide higher minimum wage, and Pennsyl­ by doing sloppy research can economists ar­ misguided passion. All the valid research vania, which kept the federal minimum rive at another answer. The Card and shows that raising the minimum wage de­ wage. The research, on which the Adminis­ Krueger fiasco is an example when inad­ stroys jobs. It hurts exactly those workers it tration has based its arguments, has col­ equate research is used to buttress unwise intends to help-the poor, the unskilled, and lapsed under its own weight. policy. the young. Everyone wants to see income Card and Krueger interviewed fast-food growth boost the economic well-being of the The minimum wage is an example of mis­ restaurants on both sides of the Delaware guided compassion. It is a policy that hurts working poor, but throwing many of them River. They posited that any differences be­ out of work is not the solution. those it is intended to help. We have too tween New Jersey and Pennsylvania could be many policies from Washington that are det­ SAWING OFF THE FIRST RUNG explained solely by the minimum wage. rimental to America's citizens. Effective The major way the minimum wage hurts What they found was that New Jersey res­ compassion requires a government that as­ the poor is by cutting off the first rung of taurants hired more employees over the pe­ sists its citizens in acquiring the skills nec­ the employment ladder. Raising the mini­ riod of the study than Pennsylvania res­ essary to provide for themselves and their mum wage destroys jobs. This statement is taurants. families. It requires a government that al­ incontrovertible. Economists have consist­ The results of the study were extraor­ lows workers to keep more of their income ently proven the job-destroying effects of dinary. Card and Krueger seemed to have dis­ through lower taxes. It requires a govern­ higher minimum wages. But more impor­ covered a refutation of the law of demand. ment that encourages economic growth tantly, higher minimum wages destroy Economists were stunned. Because of the ex­ through less government spending and less entry-level jobs. Without entry level jobs, traordinary results, they debated the results. regulation. It is time to measure compassion low-skilled and young workers cannot start Many economists argued that the differences by our efforts to minimize the number of jobs and gain valuable work skills. between New Jersey and Pennsylvania were Americans receiving federal aid-not by the May 23, 1996 EXTENSIONS OF REMARKS 12513 amount of government largesse. Raising the turned them, and the State Department is still Kanjoriski, Cardiss Collins, Dave minimum wage fails to live up to its promise supposedly negotiating their return. The Bonior, Sheila Jackson-Lee, George of assisting the poor. seized documents are desperately needed Brown, John Lewis, Louis Stokes, George Miller, Maurice Hinchey, today to collect information about human Bennie Thompson, Martin Sabo, Peter TRIBUTE TO KEYSTONE FUTURE rights violations that took place while the elect­ DeFazio, Joe Kennedy, Henry Gonzalez, FARMERS OF AMERICA ed president, Jean-Bertrand Aristide was in Victor Frazer, Neil Abercrombie, forced exile. Bobby Rush, Eliot Engel, Major Owens, On December 1, 40 Members of Congress Eddie Bernice Johnson, Earl Hilliard, HON. PAUL E. GILLMOR wrote the following letter to President Clinton, Ed Towns, Donald Payne, Sam Gib­ OF OHIO bons, Chaka Fattah, Bernard Sanders, calling for the release of the documents: Vic Fazio, Nita Lowey. IN THE HOUSE OF REPRESENTATIVES CONGRESS OF THE UNITED STATES, A few days later, Members of the Congres­ Thursday, May 23, 1996 HOUSE OF REPRESENTATIVES, Washington, DC, December 1, 1995. sional Black Caucus had a meeting with the Mr. GILLMOR. Mr. Speaker, I rise today to President WILLIAM JEFFERSON CLINTON' Haitian Ambassador Jean Casimir. Then we recognize an outstanding student organization The White House. met with the State Department Haiti Coordina­ within my congressional district. Members of DEAR MR. PRESIDENT: Just over a year ago, tor, Ambassador James Dobbins, who has the Keystone Future Farmers of America cap­ we celebrated the restoration of democracy since moved on to the National Security Coun­ tured fifth place in both the national poultry to Haiti with the return of its duly elected cil. At both briefings, we learned that the ad­ President, Jean-Bertrand Aristide. Your role contest and national nursery-landscape con­ as president was crucial to this occurring. ministration intended to return the documents test held in Kansas City during the National The re-establishment of the legitimate gov­ and materials. Soon thereafter, the U.S. gov­ FAA Convention last November. A total of 44 ernment of Haiti followed three years of a ernment offered the Haitian Government in­ nursery-landscape State championship teams murderous military regime. Recent press ac­ credibly onerous terms for return which the and 33 poultry State championship teams en­ counts have discussed how the Pentagon is Haitian Government rejected. tered the competition. now holding tens of thousands of pages of On January 30, two dozen members of documents taken during the restoration of In nursery-landscape the team posted 2,264 government, and has yet to return them. We Congress joined me in writing to President points and was edged out of the national title seek a complete account of all documents Clinton again and demanding the release of by Bear Creek, NC, who posted a winning and their immediate return to the Haitian these documents. That letter follows: score of 2,558. Individually 2 members were in government. This is not only normal and ap­ CONGRESS OF THE UNITED STATES, the top 20 with Matt Kappan placing 18th with propriate, but expected in the relations be­ HOUSE OF REPRESENTATIVES, 779 points and Keith Diedrick scoring 771 tween the two friendly nations. The docu­ Washington, DC, January 30, 1996. points for 20th place. Brad Smith scored 713 ments should include any and all that may The PRESIDENT, points to round out the team scoring. pertain to the Central Intelligence Agency, The White House. the Defense Intelligence Agency, or any Members of the poultry team placed 3 mem­ DEAR MR. PRESIDENT: We are writing to other part of the United States Government. you regarding the Haitian documents and bers in the top 20 posting a team score of There is absolutely no justification why materials still in possession of the United 2,409 and was edged out the by national these materials should be in the hands of our States Government. The restoration of de­ champion Latrina, TX, who scored 2,570 government now that the legitimate govern­ mocracy in Haiti has been a hallmark of points. Individually, team member Julie Aldrich ment of Haiti has been restored. The fact your foreign policy success and we are en­ scored 805 points good for 15th place, Anna that these documents have been withheld ob­ thusiastic supporters of this policy and your Pickworth scored 803 to place 16th. Any Hol­ viously raises questions about the level of ongoing attention towards Haiti. We applaud collaboration between elements of the Amer­ the release of some of the documents, but comb scored 771 points and placed 36th in ican government and the former military re­ overall competition. A total of 176 individuals the continued retention of those remaining gime. troubles us because it is frustrating the judi­ entered nursery-landscape while 132 took part These documents are necessary to the gov­ cial process in Haiti. Therefore, we urgently in the poultry contest. ernment of Haiti if it is to make sense of request a meeting with you as soon as pos­ For teams to qualify for national FF A com­ what happened during the three years of sible. petition they must win the State contest. In the President Aristide's forced exile. We should Many of us first wrote to you about this past 4 years, six teams from Keystone FF A be comforted by President Aristide's enlight­ matter on December 1, 1995, and were encour­ have qualified for the national competition. ened policy of reconciliation that has been aged by your administration's announce­ the hallmark of his new government. Never­ ment that the documents would be released. I ask my colleagues to join me in honoring theless, Haitian investigators must have full Nearly two months later, they still have not the talent and hard work of these students, knowledge about the sources and causes of been returned. Surely this is far longer than who under the able direction of Larry Lokai, the pain and bloodshed during the rule of the is required to resolve any logistical require­ have set the standard for FF A excellence in military junta if Haiti is to be reconciled ments necessary for the secure transfer of Ohio. and to move forward. such materials. The Government of Haiti The United States must satisfy its respon­ needs these documents if it is to understand sibility to meet the Haitian government's what happened during the years of President WAITING TO HEAR FROM THE right to the ownership of these documents. Aristide's forced exile, to continue the proc­ SECRETARY OF THE ARMY To deny President Aristide the official docu­ ess of disarmament, and to fully investigate ments of his insubordinate military is an in­ the crimes of paramilitary groups such as sult to this new democratic nation. Any­ FRAPH. Return of the documents is espe­ HON. JOHN CONYERS thing short of a complete return of all docu­ cially urgent in light of the pending extra­ ments also undermines our policy's goals of dition of FRAPH's leader, Emmanuel Con­ OF MICHIGAN supporting a thriving, stable, and peaceful stant. IN THE HOUSE OF REPRESENTATIVES democracy in Haiti. It would also undermine In your eloquently delivered State of the Thursday, May 23, 1996 the integrity of open democracy in our na­ Union address, you pointed out that "in tion. We might add that history has taught Haiti the dictators are gone, democracy has Mr. CONYERS. Mr. Speaker, the United us repeatedly that democracy is not a new day." The inauguration of a new presi­ States has the best intentions in Haiti but right strengthened by concealing what may be em­ dent in Haiti on February 7 promises a new now it is engaged in an obstruction of justice barrassing or what may be inconvenient. era of peaceful transition of power. However, of the most egregious kind. When a multi­ We expect that you will facilitate the im­ the challenges of disarmament and judicial national force restored democracy to Haiti the mediate return of all the aforementioned inquiry remain. An important way of assur­ United States Military seized thousands of documents. ing that these processes continue is to re­ documents from the Haitian Military head­ Sincerely, turn the Haitian documents and materials. John Conyers, Jr., Carrie Meek, Julian There is no excuse for the intransigence of quarters and from the headquarters of Dixon, Alan Mollohan, Jim Traficant, elements of the United States Government FRAPH, a violent paramilitary organization. Marcy Kaptur, Nancy Pelosi, Eva Clay­ who are obstructing the rule of law the Over a year and a half after they were taken, ton, Kweisi Mfume, Barney Frank, Ron United States and the Multinational Force the Department of Defense still has not re- Dellums, Joe Moakley, Paul helped restore to Haiti. Doing so interferes 12514 EXTENSIONS OF REMARKS May 23, 1996 with the young spirit of democracy and rec­ tween the United States Government and the [From the New York Times, Feb. 6, 1996) onciliation in Haiti and contradicts the old Government of Haiti to arrange for the re­ CABLES SHOW U.S. DECEPTION ON HArrrAN tradition of democracy and openness in turn of the Haitian documents.1 I have writ­ VIOLENCE America. We look forward to meet with you ten two letters to President Clinton about (By Larry Rohter) to discuss these matters in full detail. this matter, signed by a cumulative total of Sincerely, 50 members of Congress. I believe that a re­ PORT-AU-PRINCE, HAITI, February 5.-In the John Conyers, Major Owens, Cynthia turn of these materials could make an im­ months after the United States invasion of McKinney, Harold Ford, Barbara-Rose portant contribution to the establishment of Haiti, American officers repeatedly told Collins, Bennie Thompson, Ronald Del­ peace and justice in Haiti. their troops that the country's most dreaded lums, Louis Stokes, Carrie Meek, Elea­ This letter, however, is a request for infor­ paramilitary group was actually a legiti­ nor Holmes Norton, Donald Payne, mation about the directives that were given mate opposition political party. "They're no Alcee Hastings, Sheila Jackson-Lee, prior to the seizure of the documents and different from Democrats or Republicans," Earl Hillard, Sanford Bishop, Albert materials and what happened in the period soldiers in Haiti dutifully echoed when asked Wynn, Corrine Brown, Bernie Sanders, after they were taken. Since the U.S. Army about their instructions. Victor Frazer, Jim Clyburn, George constituted a large proportion of American But a review of classified cables sent by Miller, Xavier Becerra, Peter DeFazio, involvement in the multinational operation the American Embassy in Haiti to the De­ George Brown, Barney Frank, Luis in Haiti, I thought you would be able to pro­ fense and State Departments shows that for Gutierrez. vide me with some details about the actual a year before the invasion in September 1994 seizure of the documents and the decisions the Pentagon knew that the official version But the seizure of the documents took on a leading up to that action. Specifically, I was not true. whole new meaning when the New York would like to know (1) generally what troops Within weeks of the founding of the Front Times reported on February 6 that during the were told to look for by commanding officers for the Advancement and Progress of Haiti, invasion American troops were told by superi­ before the searches; (2) which locations were the papers indicate, American intelligence ors that FRAPH was a legitimate opposition searched and 1f a complete list of these sites agencies had concluded the group was a gang group. They were told this despite the fact that is available; (3) if SALUTE forms or other in­ of "gun-carrying crazies" eager to "use vio­ ventories are available describing everything Pentagon and State Department officials knew lence against all who oppose it." that was found; and most importantly, (4) that FRAPH was a group of bloodthirsty thugs, what the established priority intelligence re­ "All over the country, Fraph is evolving and that it had been linked to thousands of quirements and information requirements into a sort of Mafia," a cable from the office murders. were. of the American military attache in Port-au­ Prince warned in the spring of 1994, using the This raised a number of troubling questions. I understand that captured enemy material group's acronym. "Its use of force to intimi­ For example, why were US troops deliberately is an important element of intelligence, and date and coerce is sanctioned by the local misinformed? Why was there such a stark that seizure of CEM is vital to gaining infor­ mation about the adversary. In meeting that military, which derives both political and es­ contrast between stated policy and action? requirement, it seems to me that the armed pecially material benefits from their rela­ Why were the documents taken in the first forces involved in the seizures did an admira­ tionship." place? If the documents were taken to protect ble job. The seizures in Haiti are a special With United States troops now in Bosnia our troops, why haven't they been returned case because they occurred during a multi­ pursuing some of the same objectives as in since, and why weren't they shared with other national operation. The "Joint Doctrine for Haiti, the documents raise questions about the soliders' mission, the information they troops? I decided to put some of these ques­ Intelligence Support to Operations" (Joint Pub. 2--0) notes in its chapter on multilateral are given by superiors and the action they tions to my good friend, the Honorable Togo operations that " ... nations should share take in the field. West, the Secretary of the Army. I am submit­ all relevant and pertinent intelligence about Human rights observers and others who ting my letter to Secretary West for the the situation and the adversary to attain the have seen the papers say they also raise the RECORD. best possible common understanding of the question whether the military ordered Amer­ CONGRESS OF THE UNITED STATES, threatened interests, determine relevant and ican troops to ignore human rights abuses HOUSE OF REPRESENTATIVES, attainable objectives, and achieve unified ef­ committed before they arrived. Washington, DC, April 12, 1996. forts against the adversary." I am a strong What remains uncertain is why the Penta­ Hon. TOGO D. WEST, Jr., supporter of the United Nations and the UN gon took a public stance clearly at odds with Secretary of the U.S. Army, The Pentagon, is of course facing increased skepticism in the classified information it had collected in Washington, DC. the United States. Therefore my fifth and Haiti. final request is to hear-from the Army's DEAR TOGO: I know you are aware that our perspective-how information contained in A Pentagon official denied today that relations with haiti are of great concern to the seized materials was shared with other there was any conflict between the official me. I have traveled there many times over members of the multilateral forces and how position and the inside information: "If day­ the years, most recently with Ambassador that contributed to the successful prosection light is perceived between our public and pri­ Madeleine Albright to witness that nation's of the overall mission. vate perceptions, that's wrong. We agreed on first peaceful transfer of power as the demo­ The restoration of Haiti's legitimate gov­ what Fraph was. Fraph was a political move­ cratically elected Rene Preval was sworn in ernment was a great success for the cause of ment, but clearly a political movement with as president. While this was cause for cele­ democracy in general and the foreign policy a substantial thug element to it. It was clear bration, difficult challenges for Haiti re­ of President Clinton in particular. UN Sec­ to us that Fraph represented a potential main. retary General Boutros Boutros-Ghali, who I threat. That didn't change. There were ef­ One of the most pressing issues facing met with yesterday, agrees with me and I forts, clearly, in the initial weeks of the Haiti is to establish security among the peo­ know you do too. For that reason, I hope you intervention to calm the rhetoric and reduce ple and confidence in the new justice system will assist me in my effort to learn more the likelihood that there would be violent by investigating human rights crimes and about our operation in Haiti. I look forward confrontations-and that was relatively suc­ continuing the disarmament process. I am to hearing from you, and I hope you will per­ cessful." concerned that the United States is not sonally contact me if you have any ques­ Ira Kurzban, an American lawyer who has doing everything it could to advance these tions. reviewed the cables on behalf of the Haitian goals. While the Republican Congress is pre­ Sincerely, Government, said, "There is absolutely no occupied with a few select murder cases, new JOHN CONYERS, Jr., ambiguity in these documents with respect gangs and paramilitary organizations threat­ Member of Congress. to the fact that Fraph was an instrument of en a new surge of vigilante violence because repression under the control of the Haitian their weapons have not been taken away. I will have a copy of today's CONGRESSIONAL military." News reports from Haiti indicate as many as RECORD for May 24, 1996, delivered to his of­ In a telephone interview from the Mary­ ten armed anti-democratic gangs are cur­ fice in case my letter was lost before. I look land jail where he is being held for rently operating. forward to my good friend's response. deporatation, Emmanuel Constant, the During the restoration of democracy to founder of Fraph, said that from the moment Haiti in the fall of 1994, the U.S. military i I commissioned a Congressional Research Service American troops landed he was under pres­ seized photographs, thousands of pages of study by the American Law Division which deter­ sure from the United States military to help documents, and other materials from the m1ned that according to the Foreign Relations Law it maintain "a form of balance in Haiti" be­ of the United States and international law as inter­ tween groups supporting President Jean­ Haitian Army (the F AH'd), the headquarters preted by the United States. the seized documents of the Front for Advancement and Progress clearly belong to the legitimate government of Bertrand Aristide and those opposing him. of Haiti (FRAPH) and other locations. I am Ha1t1. The opinion also noted that their seizure and Mr. Constant said he was told by the Amer­ well aware of the ongoing discussions be- retention is a departure from these norms. ican military early in October 1994 that "I May 23, 1996 EXTENSIONS OF REMARKS 12515 should ease up the tension and avoid con­ fled by sea, they obtained an even clearer cratic Committeeman in his precinct, proud to frontation" by "giving a speech in which I picture of Fraph's violent methods. Some be the county board member from his district, promised to be a constructive opposition to testimony came from Fraph members who and to ~erve the people of Granite City as said they had fled in disgust. Aristide." That speech was delivered soon their township supervisor. afterward, and Mr. Constant maintained it "When they kill and rape people, we (new "was approved by the U.S. Government, by members) are forced to sit and watch," a Nellie was recognized throughout the state the embassy people" in advance. cable quoted a former Fraph operative as by leaders in government, politics, and busi­ In the interview, Mr. Constant acknowl­ saying, adding, "He also related that later in ness as a man with significant power in the edged that he had been an informant of the the initiation process you are forced to par­ state, county and region. People wanting to Central Intelligence Agency before the ticipate in the killings and rapes." run for national and statewide office came to American invasion but said he now feels be­ But that information was apparently with­ Nellie to seek his advice and counsel. I trayed "They have the wrong man in jail," held from American troops after they inter­ know-I was one of them. he said. vened on Sept. 19, 1994, to restore President Haitian Government officials and foreign Aristide and his Lavalas movement. Radio Nellie always used his power to help other diplomats here said it appeared the Defense broadcasts to Special Forces units in the people, and his influence can be seen Department and American intelligence agen­ Haitian countryside, for example, described throughout this entire region. As he often said, cies were acting to weaken Mr. Aristide, Lavalas and Fraph as competing political it was his desire to be firm, but fair. whom they had long distrusted. These offi­ parties equally dedicated to the country's well-being. It was Nellie's vote on the East-West Gate­ cials suggested that United States Govern­ way Coordinating Council, where he had ment agencies may also have been trying to The documents suggests that the American protect Haitian informants who might be military's willingness to work with Fraph served as Chairman, that helped bring useful in the future but had been discredited began to diminish only after a radio con­ Metrolink light rail to the region. It was Nel­ by the collapse of the military dictatorship versation between Mr. Constant and other lie's willingness to get involved that helped us that overthrew Mr. Aristide. leaders of the group was intercepted. Accord­ save Scott Air Force Base and keep the In separate raids on the headquarters of ing to a cable sent on Oct. 3, 1994, they were Charles Melvin Price Support Center open in Fraph and the Haitian armed forces after the " threatening to break out weapons and begin Granite City. And, it was Nellie who pushed invasion, American troops seized more than an all-out war against the foreigners" and me to bring Federal funds "home" for a new "named an American official as their first 150,000 pages of official documents, which Clark Bridge in Alton. were taken to the United States. Haiti has target." demanded their return. By January 1995, the State Department Locally, Nellie's leadership was responsible Several hundred pages of United States was denying that the United States had ever for the new county Administration building, documents relating to Fraph were obtained treated Fraph as anything but thugs. The and a new county jail in Edwardsville. And, last year by the Center for Constitutional Secretary of State's office said of Fraph in a because of his dedication as head of the tran­ Rights for a suit filed in Federal Court in cable to the American Embassy in Haiti, sit district, we have excellent transit service for Brooklyn by Alerte Belance, an Aristide sup­ " We viewed it as basically a rent-a-mob the people who need it in Madison County. porter now living in New Jersey. She says group financed by the military for recruiting purposes and dependent upon the military And, let's not forget the Township Building. the group abducted her in Haiti in 1993 and He was so proud that he was able to bring a attacked her with a machete, cutting off one leaders' ability to punish/reward." In addi­ tion, the unclassified cable said, "we appre­ new building for the people of Granite City of her arms, an ear, and parts of her nose and ciate the embassy's consistent hard line on tongue before leaving her for dead. Township-particularly for the senior citi­ Fraph and strongly endorse the embassy's zens-they held countless events in it since its Human rights groups say such brutality latest clarification of our position." was typical of Fraph, which they hold re­ opening in 1978. sponsible for many of the more than 3,000 I guess what I admired about Nellie deaths during Mr. Aristide's exile, from 1991 TRIBUTE TO NELSON "NELLIE" Hagnauer as much as anything was that Nellie to 1994. HAGNAUER was always Nellie. If he was being inducted The Center for Constitutional Rights has into the Softball Hall of Fame, sitting at his filed a motion for a default judgment against desk in his Edwardsville or chairing a county Fraph, which has failed to respond to the HON. JERRY F. COSTELLO suit. But Ms. Belance's lawyers have asked board meeting, he never changed. Not even in OF ILLINOIS a meeting at the State House, or at the White the presiding judge to delay any award of IN THE HOUSE OF REPRESENTATIVES damages until their client obtains additional House with President Clinton, or for that mat­ documents, including tens of thousands of Thursday, May 23, 1996 ter, needling his friends at a local get-to­ the pages seized by American troops from Mr. COSTELLO. Mr. Speaker, I rise today to gether-Nellie was always Nellie. Fraph's headquarters. pay tribute to a great American, a dedicated The only thing he loved more than public "These documents are relevant to estab­ public servant, a devoted family man, and a service or politics was his family and friends, lish that Fraph was acting under color of of­ in that order. He never forgot where he came ficial authority when it carried out the tor­ good friend, Nelson "Nellie" Hagnauer of ture of Alerte Belance, and therefore vio­ Madison County, Illinois. from or the people who helped him along the lated international law," the Center for Con­ Nellie passed away last Saturday, May 18, way. We will remember him for who he was, stitutional Rights contended in court papers at his home in Granite City. In the days as a public servant, husband, father and filed last month. ahead, the thoughts and prayers of Nellie's grandfather-and as a good friend. Cables that have already been declassified friends are with his family-Bernie, Nip and Mr. Speaker, several of my colleagues in by the Defense Intelligence Agency as part of Mary, Susy and Ron, Jamie, Molly, Ched and the Illinois congressional delegation knew Nel­ the suit indicate that American intelligence Janet, Ruth, and other relatives who loved and lie Hagnauer as well, and I know they join me agencies had a broad network of informants will always love Nellie Hagnauer. in asking the other members of the United both within the Haitian armed forces and Fraph. In public, however, all parties denied Nellie was an outstanding public servant. He State Congress to recognize the contributions that they were connected. served on the Madison County Board for 41 of one decent, honorable and hardworking Soon after Fraph was formed, a State De­ years, 24 as its chairman. He was also the man-my good friend, Nellie Hagnauer. partment cable on Oct. 28, 1993, concluded, Granite City Township Supervisor, serving in "Their effectiveness is a function of the will­ that position since 1961, and was elected ingness of their patrons" in the Haitian chairman of the Madison County Transit Dis­ DAVID ANTHONY BERONIO Armed Forces "to use intimidation and vio­ trict, serving in that position since 1988. lence (carried out by armed civilian He was always humble about his accom­ attaches) to 'enforce' their political initia­ HON. GEORGE MlllER tives." plishments and service, but his legacy to the OF CALIFORNIA people of Madison County and the entire re­ By December, the military attache in IN THE HOUSE OF REPRESENTATIVES gion is enormous. Nellie spent most of his life Port-au-Prince was warning the Pentagon Thursday, May 23, 1996 that repression by Fraph in Haiti's southern in public service-or as he called it, "poli­ peninsula "has increased considerably.'' tics"-and he loved every minute of it. Mr. MILLER of California. Mr. Speaker, on When in the spring of 1994 American offi­ He knew what Tip O'Neill knew, that all poli­ rare occasions there are individuals who so cials began interviewing refugees who had tics is local. He was proud to be the Demo- distinguish themselves over their lifetime that it 12516 EXTENSIONS OF REMARKS May 23, 1996 is appropriate and fitting to take a few mo­ such boxing legends as Joe Louis, Archie the situation in Chechnya earlier this year. At ments to recognize them and the contributions Moore, Joey Maxim, and Ezzard Charles. A these hearings, Russian Duma member and they have made and continue to make to the good reporter as well as a good boxer, Dave prominent human rights advocate Sergei great American experience. David Anthony would have these champions sit after the Kovalev described the continuing depredations Beronio of Vallejo, CA, is just such a distin­ workout for interviews and to be sketched. by the Russian military against civilians. In his guished American. Let me share a few in­ That kind of hands-on reporting, Mr. Speak­ words, "45,000 innocent persons" killed in the sights and thoughts on this man who recently er, is what separated Dave Beronio from his war is "too high a price to pay for punishing celebrated his 75th birthday, a man who has peers. He not only observed, he did. And in [the late Chechen leader Dzhokar] Dudaev." led a life filled with the fascinating spirit of ad­ doing so, he gained the respect and apprecia­ venture and contributions to his community tion of both athlete and reader. He has a Mr. Speaker, in this connection, I would and country. unique insight into the mind and emotions of note that the Commission on Security and Co­ As many of my colleagues know, Dave the sports champion, and it has shown in his operation in Europe recently received a dis­ Beronio is a renowned sports reporter, illustra­ writing, illustrating, and story telling for over turbing report from the well known inter­ tor, and motivational speaker. Over the past half a century. national humanitarian organization Doctors 57 years he has honed his combination of Dave Beronio has taken this talent around Without Borders, drawing attention to the dete­ crafts into an art form without peer or rival. He the glode to Olympic Games, Super Bowls, riorating human rights situation in Chechnya. is a teller of stories about sports and life which World Series, and Rose Bowls, and he has al­ has enriched the lives of countless others. This report, "Civilians Targeted," documented ways brought the spectacle and feeling home the systematic bombing and killing of civilians Picture, if you will, that very special area of to the reader and listener. He is, after all, a by the Russian military in Chechnya, which, the famed Candlestick Park where a few giant teller of stories. white stars are painted. This is alumni corner, according to the report, has actually increased Dave Beronio illustrations of the sports leg­ but for the die hard fans of the San Francisco following President Yeltsin's announced peace ends of this century each tell a story. They ap­ Forty-Niners it may as well be the hall of initiative in March. peared in numerous national publications and fame. It is the place where the greats of the I would list a few of the activities engaged game are remembered, the hall of famers, all have been lithographed into prized limited edi­ in by the Russian military, as witnessed by pros and other outstanding players who have tions. Always the lover of community, Dave made a major impact on the team and the frequently donates these limited editions to Doctors Without Borders teams. fans. There is only one name on that great charities for auction where they have raised thousands of dollars. Whole villages, including hospitals, schools wall, Mr. Speaker, one name that was never and mosques, continue to be targeted, in bla­ To this day Dave Beronio remains in de­ sewn on the back of a jersey. One name that tant violation of the Geneva Conventions and was not assigned a number in the program. mand as a motivational speaker, energizing his audience with the excitement and spirit of other international agreements, to which Rus­ Yet there it is on a giant white star-Dave sia is a signatory. Beronio. his life. He should know, for he has lived life The early indications of a great reporter to the fullest. The Russian military extorts money from showed in Dave Beronio during his high Mr. Speaker, I ask my distinguished col­ Russian civilians in exchange for safe pas­ school years in Vallejo where he excelled in leagues to join me in wishing the very best to sage out of villages under attack. academics and sports-especially football, Dave Beronio on his 75th birthday, a man who track, and his real passion, boxing. It was dur­ has given his very best for so many years, en­ Newly secured towns and villages are sys­ ing this time that he began working part time riched the lives of so many, and contributed tematically looted and cattle are either killed or for the Vallejo Times Herald, a job that would so much to our American culture. stolen. become full time after graduation and a life­ Civilians are systematically denied the right time vocation for the next 57 years. DOCTORS WITHOUT BORDERS to humanitarian assistance and humanitarian World War II interrupted Dave's budding ca­ REPORT ON CHECHNYA relief organizations are denied access to the reer and in 1942 he joined his fellow Ameri­ areas in greatest need, often long after a mili­ cans in service to his country. As might be ex­ tary offensive is over. pected in a life such as Dave's one of his HON. CHRISTOPHER H. SMI'IH early assignments in the military was to the OF NEW JERSEY The Russian military has consistently failed famed Hollywood Canteen with young starlets IN THE HOUSE OF REPRESENTATIVES to respect the neutrality of hospitals and clin­ of the day such as Veronica Lake and Ava Thursday, May 23, 1996 ics, both in areas of intense military activity in Gardner. the center of the country and in the capital It wasn't long, however, before Dave was Mr. SMITH of New Jersey. Mr. Speaker, I Grozny, where the Doctors Without Borders assigned as a gunner on a newly formed B- noticed in the news that President Yeltsin has hospital is under regular sniper fire. 17 crew and shipped to England to become vowed to go ahead with a trip to Chechnya part of the 94th Bombardment Group, 8th Air some time before the Presidential elections in These are a few of the blatant violations of Force. After completing an extraordinary 35 June. As our colleagues are aware, Moscow accepted rules of warfare and humanitarian missions, he was awarded the Distinguished has tried to reestablish control over the break­ conduct cited in the report. away North Caucasus region by unleashing a Flying Cross. His crew was returned to the I think we can safely assume that Mr. States and Dave was assigned to an Army Air brutal war against not only combatants, but Yeltsin's advisors have not provided him with Crops base located near Phoenix, AZ. also against thousands of noncombatants, Chechen and Russian, alike. a Russian language copy of the Doctors With­ It was here that he met Katherine Rentinelli out Borders report on his army's actions in of Akron, OH. They were married in 1945, Mr. Yeltsin says that he intends to go to Chechnya. There certainly have been indica­ when Dave was discharged. Later that year, Chechnya despite assassination threats. I truly he and Kay returned to Vallejo, CA and his job hope there won't be any such attempts, but it tions that the President's advisors and military at the Vallejo Times Herald. Together they must be admitted that the people of Chechnya commanders have not been supplying him began a loving family that would eventually in­ have reason to be bitter about the fate of their with entirely accurate information regarding clude sons David, Ronald, and Barry. homeland. While Chechen irregulars have the state of affairs in that war-torn region. Dave was soon promoted to the position of committed their share of atrocities, there is However, I have yet to hear anyone doubt sports editor and began his now trademarked emerging from Chechnya a frightening picture Mr. Yeltsin's personal courage. Perhaps he style of not only reporting on the event but of the Russian Army degenerating from an or­ will leave the secure confines of the Severny ganized military force into a band of barely also drawing a sports portrait of not only re­ airport on the outskirts of Grozny and see controlled brigands. porting on the event but also drawing a sports what sort of peace his military is promoting in portrait of the week's outstanding athlete. He The Commission on Security and Coopera­ Chechnya. retained his athletic talent over the years and tion in Europe, of which I am proud to serve became a speed partner in sparing drills with as chairman, held congressional hearings on I wish him a safe and instructive trip. May 23, 1996 EXTENSIONS OF REMARKS 12517 MEMORIAL DAY, 1996 It is up to us the living, the beneficiaries of jazz music. He has been extremely helpful to their sacrifice, to commemorate the deeds of scores of colleagues and residents alike and HON. BOB STIJMP those whom we confer the epithet of patriot. has always provided positive leadership for Those who have served in combat under­ the Post -Office. OF ARIZONA stand the unique experience of war. Each has Sometimes the only compensation you get IN THE HOUSE OF REPRESENTATIVES seen the devastation of property and the hor­ for the extra time and effort put into your ca­ Thursday, May 23, 1996 ror of death. Each has experienced the sad­ reer is the thanks and appreciation you re­ Mr. STUMP. Mr. Speaker, Memorial Day ness of the loss of a friend and understands ceive from the community. By that standard, leaves few hearts unmoved in recalling the the grief of families who have lost a loved one. Ron Peterson is indeed a wealthy man. I ask sacrifices made by brave men and women To this day, many share in the anguish of my colleagues to join me in extending a spe­ who died in the defense of freedom and de­ those who don't know the fate of a friend or cial thanks to Ron Peterson and recognize the mocracy. Memorial Day is not about war or a loved one missing in action. We all stand to­ example he has set for others. I know his peace, nor is it about a battle or an armistice. gether as comrades in arms. friends and family are proud of his career and Memorial Day is about people-those who How can we convey our appreciation for the wish him well as he enters this new chapter of have lived, and those who have died. meaning of this day to those who have never his life. There are no words to adequately describe served? the supreme sacrifice made by brave Ameri­ Education connects future generations of FUNDRAISER ADMITS MIS- cans who have died in the defense of our Americans with the battles fought by their par­ HANDLING OF ILLEGAL CAM­ country. Words in the context of why we honor ents and their grandparents. Each generation PAIGN CONTRIBUTIONS FOR IN­ their memory, pale in comparison to the ulti­ must be taught that the willingness of some to DIAN EMBASSY mate deeds that men and women have done sacrifice their lives so that others might live in for those of us now living in a free world. freedom, is the eternal legacy of all who have What we can do for them, is to sustain the honorably served our country in wars past. HON. PHILIP M. CRANE memories of their heroism-with respect, with For it is this history which teaches us that OF ILLINOIS reverence, and with our heartfelt admiration. brave Americans who were willing to give their IN THE HOUSE OF REPRESENTATIVES Humble words can never repay the debt we lives for freedom and democracy, did so for a Thursday, May 23, 1996 owe these brave men and women, yet we can cause they considered infinitely more impor­ strive to keep faith with them and to uphold tant than life. None volunteered to die. Each Mr. CRANE. Mr. Speaker, on Thursday, their vision of righteousness, which led them volunteered to defend the values which brave May 9, 1996, the Baltimore Sun ran an article into battle and to their final sacrifice. We are, men and women have always been willing to reporting that Lalit H. Gadhia, a major political after all, the caretakers of their memory. die for. Those values passed on to each gen­ fundraiser in Maryland, confessed to launder­ The determination and courage shown by eration of Americans are to advocate honor, to ing over $46,000 in illegal political contribu­ tions from the Indian Embassy. Gadhia, former countless Americans who have fought and strengthen the family, and to defend our coun­ died in battle, is symbolized in a myriad of try and our flag. campaign treasurer for Maryland Governor, Parris Glendening, and a Baltimore immigra­ monuments and memorials, each commemo­ Memorial Day is a national day of respect. tion lawyer, confessed to the scheme in the rating the deeds of untold Americans whose As we honor the memory of our Nation's vet­ U.S. District Court in Baltimore, according to remains sanctify the soil throughout the world. erans and war heroes who are no longer with the report. According to the report, Mr. Gadhia Those who have died and those who are still us, let us pledge that their lives and their sac­ used money provided by the Embassy through missing deserve our perpetual contemplation. rifice shall not have been offered in vain, but will be remembered by us all forever. an operative named Devendra Singh to reim­ President Lincoln knew this when he dedi­ burse friends and associates for campaign cated those hallowed grounds at Gettysburg contributions to pro-India members of Con­ on that cold November day in 1863. TRIBUTE TO RON PETERSON ON gress and a political action committee known We have come to dedicate a portion of that THE OCCASION OF ms RETIRE­ as the Indian-American Leadership Investment field, as a final resting place for those who MENT Fund. It is illegal for anyone who is not a citi­ here gave their lives that a nation might live. zen to make a political contribution, and it is It is altogether fitting and proper that we illegal to falsify the name of the contributor. should do this. But in a larger sense, we can­ HON. PAUL E. GlllMOR Yet Indian Embassy spokesman Shiv not dedicate-we cannot consecrate-we can­ OF Omo Mukherjee is quoted in the article as saying not hallow this ground. The brave men, living IN THE HOUSE OF REPRESENTATIVES that ''the Indian Embassy operates fully within and dead, who struggled here, have con­ Thursday, May 23, 1996 the bounds of diplomatic propriety." The words secrated it far above our poor power to add or of the Embassy are clearly at odds with its ac­ detract. The world will little note nor long re­ Mr. GILLMOR. Mr. Speaker, it gives me tions. member what we say here, but they can never great pleasure to rise today and pay tribute to The Embassy officials in charge of the forget what they did here. an outstanding citizen of Ohio. After 30 years scheme, former Ambassador S.S. Ray and In World War I, America made the world of dedicated service delivering the U.S. mail in former Embassy staffer Devendra Singh, have sate for democracy and helped create a prom­ Port Clinton, Ohio, Letter Carrier Ron "Pete" both returned to India. Mr. Ray was a losing ising new world from the ashes of defeat. In Peterson is hanging up the mail bag for good. candidate for Parliament in the recent elec­ World War II, faced with the single greatest I am especially thankful for Ron's dedication tions and Mr. Singh holds a high-ranking posi­ threat to civilization the world had ever known, because he has been delivering to my family tion with the Rajasthan state police. The new magnificent young Americans fought to extin­ and friends along Sand Road for almost 28 of ambassador, Naresh Chandra, brought his guish the flame of tyranny throughout the his 30 years. brother, Girish Chandra Saxena, to the Em­ world. America provided freedom loving peo­ We have often heard that America works bassy with him. Girish Saxena is a former ple mired in a dark sea of despair, a beacon because of the unselfish contributions of her head of India's Research and Analysis Wing of hope and faith sustaining their anticipation citizens. Ron is an Air Force veteran, serving [RAW], which infiltrated Sikh temples through­ of victory over oppression. for 7 years. He has continued this service for out Punjab, Khalistan, in June 1984, in which In Korea and Vietnam, Americans helped his country through the United States Postal over 20,000 Sikhs were killed. Ambassador stem the tide of totalitarianism, which directly Service. Over the years, Ron has set the Chandra himself has recently been implicated led to the demise of Communism and our ulti­ standard for dedication to duty and he is an in illegal smuggling of CFC's from India to the mately victory in the cold war. Today, America example to others. United States, according to published reports. is the guardian of democracy. Americans con­ Anyone who knows Ron Peterson knows he CFC's have been banned in the United States tinue to demonstrate our resolve as the senti­ is an avid fan of the Buckeyes, Indians, and since January 1. According to the Customs nel of freedom in Lebanon, Grenada, the Per­ Cavaliers. His enthusiasm for sports is Service, CFC's are now the No. 2 problem sian Gulf, Haiti, Somalia and the Balkans. matched by his knowledge and appreciation of after illegal drugs. 12518 EXTENSIONS OF REMARKS May 23, 1996 In a press conference on February 19, mittee. Mr. Sarbanes received $4,500 of the The allegations of wrongdoing stunned 1995, Indian foreign Minister R.L. Bhatia said, questionable contributions. Baltimore's close-knit Indian-American "There is a strong anti-India lobby in the Other Maryland Democrats who received community because Gadhia was its de facto political· leader-the man with the golden United States. We are spending large sums of $3,000 contributions each were Reps. Ben­ jamin L. Cardin and Steny H. Hoyer and Rolodex who could produce thousands of dol­ money through Ambassador Ray to neutralize former Rep. Kwesi Mfume. lars in contributions with a round of tele­ it." Now we know how the regime was spend­ In all, 19 Democratic candidates nation­ phone calls. ing that money. While the Members who re­ wide got the money shortly before the 1994 Then, on May 8, 1995, FBI agents seized ceived these contributions did not know that elections through a network of prominent documents from Gadhia's Charles Street of­ they were illegal, they know now, and I call Indian-American businessmen in Maryland, fice that quickly expanded the investigation upon those Members to return the money. I their families and employees of their compa­ beyond the PAC contributions: copies of 66 urge you to cosponsor House Concurrent Res­ nies. The donors then were reimbursed by personal checks attached to an Airborne Ex­ olution 32, which calls for self-determination Gadhia, who admitted yesterday that he press bill of lading. for Khalistan, and H.R. 1425, which will cut off used money from a minister at the Embassy According to records released yesterday by of India in Washington. U.S. aid to India until human rights are re­ the U.S. attorney's office in Baltimore, the Under Federal Election Commission rules, courier bill was addressed to a minister spected. it is illegal for noncitizens to make political named Devendra Singh at the "Embassy of These illegal political activities are just one contributions or for anyone to make dona­ India" and it contained checks not only to more demonstration of the moral bankruptcy tions in another person's name. But Gadhia the PAC but to 12 Democratic lawmakers. of the recent regime. Some of us spoke out never informed donors that the money was The records enabled the FBI to trace some when former Ambassador Ray was caught en­ coming from India-or told them that it was $46,000 in illegal contributions back to Singh dorsing a candidate in the South Dakota Sen­ a crime to accept reimbursement for a dona­ at the embassy, Battaglia said. tion. ate race and attacking one in New Jersey. Singh, who now is a high-ranking police of­ "The vast majority of people in the Indian­ ficial in Rajasthan state in India, was min­ Once again the Embassy is inappropriately in­ American community nationally are going volved in U.S. politics. I know I speak for ister for personnel and community affairs at to be appalled by this," said Subodh the embassy at the time. Among his duties many members of this House when I say that Chandra, 28, a Los Angeles lawyer who heads was to reach out to prominent Americans I hope the new Indian Government will correct a political action committee that unwit­ who had immigrated from India and seek these practices. I am introducing into the tingly received at least $31,400 of the illegal their support for the government. RECORD articles from the May 9 issues of the contributions for Gadhia. NO "SUCH CONTRIBUTION" Baltimore Sun and the Washington Times "We can only hope at this point that these were the acts of a lone bumbler or group of The current minister for community af­ about the Gadhia case. fairs, Wajahat Habibullah, denied that the [From the Baltimore Sun, May 9, 1996) bumblers and not some sort of international intrigue involving the Indian government. embassy is involved in trying to influence CAMPAIGN FUND-RAISER ADMITS GUILT Whatever the case may be, it has harmed an U.S. foreign policy through campaign con­ (By Jim Haner and Mark Matthews) immigrant community in this country that tributions. A prominent fund-raiser for Maryland has worked hard for political recognition," "I have not made any such contributions," Democrats pleaded guilty yesterday to elec­ Chandra said. he said, adding that diplomats at the em­ tion fraud in a scheme to launder at least The scheme first came to light last year bassy have a budget for entertaining dig­ $46,000 in illegal campaign contributions he after a two-month investigation by The Sun nitaries but not for political donations. received from an official at the embassy of into Chandra's PAC, the Indian-American "Certainly it is not part of our work." India in 1994. Leadership Investment Fund. Federal cam­ But it is not the first time the issue has Lalit H. Gadhia-a 57-year-old immigration paign finance records showed that almost all come up. lawyer and former campaign treasurer to of the group's money came from Baltimore India's current ambassador has been in Gov. Parris N. Glendening-confessed in U.S. donors with ties to Gadhia, who then was Washington only since April. But his prede­ District Court in Baltimore to his role in the Glendening's campaign treasurer. cessor, Siddhartha Ray, who is now running scheme to influence congressional law­ Donating mostly in Sl,000 and $500 incre­ for Parliament in India, drew harsh criticism makers involved in foreign-policy decision ments, contributors ranged from prominent from Indiana Republican Rep. Dan Burton affecting India. Indian-American engineers and doctors to for his statements backing certain members An immigrant from Bombay, India, who cooks, busboys, students and secretaries who of Congress who were known to be strong was active in Baltimore's early civil rights never before had made a political donation. supporters of India. movement, Gadhia now faces up to five years A half-dozen contributors interviewed said "We are very concerned about political ac­ in prison and $250,000 in fines. Sentencing is they were paid by Gadhia or his nephew to tivities at the Indian Embassy," Burton's scheduled for this summer. write the checks, but had no idea the prac­ chief of staff, Kevin Binger, said of the Prosecutors say the case against Gadhia is tice was illegal. Gadhia guilty plea. "We feel very strongly one of only a handful of cases in which for­ Satish Bahl, a part owner of the Akbar that it should stay out of political races. eign citizens or governments have been Restaurant on Charles Street-where kitch­ Any allegation that this is going on should linked to illegal campaign contributions in a en employees made $13,000 in bogus contribu­ be investigated and made an issue with the U.S. political race, and may be the first time tions-echoed other Baltimore donors in say­ Indian government." an official of a foreign embassy has been im­ ing he now feels badly used by his former Said embassy spokesman Shiv Mukherjee: plicated. friend. "The Indian Embassy operates fully within "The fact that the money came from the "I had no idea-absolutely no idea," he the bounds of diplomatic propriety." Indian Embassy and that so many people said yesterday. "We were not aware of the Officially, the State Department had no were manipulated into participating in the consequences. We were only involved third­ comment. Privately, however, officials scheme takes this case to a higher level than hand. We never thought about how far this chalked up the illegal contributions that we normally see in these kind of investiga­ could go." were funneled through Gadhia's Maryland tions." said U.S. Attorney Lynne A. Gadhia denied the allegations at the time political network to a lack of sophistication Battaglia. "Obviously, we have not seen a of The Sun's investigation. But the case in how to influence the American political case like this in Baltimore before." against him continued to build last summer system. Among those who received the illegal funds as FBI agents issued subpoenas to those who One official said the Indians had made a were four members of the Maryland delega­ gave to the PAC or who attended fund-rais­ fumbling start in their attempt to copy the tion and congressmen in Pennsylvania, New ers held by Gadhia for Maryland congres­ formidable clout wielded on Capitol Hill by York and Ohio. According to documents filed sional candidates, Baltimore Mayor Kurt L. such countries as Greece and Israel, which in the case, federal authorities could find no Schmoke and presidential aspirants Bill are aligned with powerful and well-financed evidence that any of the recipients was Clinton and Michael S. Dukakis. Washington lobbies. aware of the true source of the contribu­ FORMER MD. OFFICIAL India and its supporters in Washington tions. Gadhia was at the height of his political have been extremely vocal in trying to limit "The campaign assumed that these were influence, having been rewarded by U.S. military assistance to India's longtime appropriate contributions," said Jesse Ja­ Glendening with an SB0,000-a-year post as his adversary, Pakistan-most recently, the sale cobs, press secretary for Sen. Paul S. Sar­ deputy secretary of international economic of 38 F-16 fighters. banes, the Marylander who is the third-rank­ development. Within days, the governor de­ As the Clinton administration has tried to ing Democrat on the Foreign Relations Com- manded his resignation. improve trade and political ties with India May 23, 1996 EXTENSIONS OF REMARKS 12519 while not damaging relations with Pakistan; May 3, 1995: Gadhia resigns as Gov. Parris TRIBUTE TO JOHN N. KRAMER much of this debate had played itself out be­ N. Glendening's campaign treasurer follow­ fore the Senate Foreign Relations Commit­ ing a report in The Sun describing his fund­ tee and House International Relations Com­ raising activities. He also takes leave of ab­ mittee. sence from his SB0,000 post as assistant sec­ HON. STEVE GUND~ON Federal Election Commission records show retary of international economical develop­ that the committee members have become ment in the Maryland Department of Eco­ OF WISCONSIN magnets for campaign contributions from nomic and Employment Development. IN THE HOUSE OF REPRESENTATIVES Pakistani and Indian immigrants living in May 8, 1995: FBI searches Gadhia's law of­ the United States-and for Gadhia's fice and finds evidence of the scheme to Thursday, May 23, 1996 laundered contributions. launder illegal campaign contributions. In addition to Sarbanes, other Democratic June 30, 1995: Gadhia resigns his state job. Mr. GUNDERSON. Mr. Speaker, many re­ committee members targeted were Sen. Yesterday: Gadhia appears in federal court tire with impressive records, but few could Charles S. Robb of Virginia, S2,000; Rep. Gary boast of surpassing the extraordinary career L. Ackerman of New York, $3,000; Rep. and admits his role in the scheme. Sherrod Brown of Ohio, $3,000; Rep. Lee H. record of a prominent constituent of Wiscon­ Hamilton of Indiana, $3,000; Rep. Eliot L. [From the Washington Times, May 9, 1996] sin's Third Congressional District, John N. Engel of New York, $3,000; Robert E. Andrews DEMOCRAT GUILTY OF LAUNDERING (Nick) Kramer of Fennimore, WI. of New Jersey, $3,000; and Rep. Howard L. CONTRIBUTIONS Berman of California, $2,800. (By Mary Pemberton) Kramer, age 83, recently stepped down State Department officials said yester­ after serving almost 60 years as the city attor­ day's revelations were unlikely to do serious BALTIMORE.-A Democratic Party activist pleaded guilty yesterday to devising a ney for Fennimore. As one of the State's pre­ damage to U.S.-Indian relations. Nor does mier municipal and school attorneys, he is the Gadhia case appear to rise to the level of scheme to funnel $46,000 in illegal contribu­ other campaign financing scandals involving tions to a political action committee and also retiring from the law practice he first es­ foreign nationals. several federal election campaigns. tablished in Fennimore in 1938, after having The Justice Department is investigating Lalit H. Gadhia, 57, who had been Gov. Par­ been in a prior practice in Lancaster, WI. In the campaign finances of Rep. Jay Kim, a ris Glendening's campaign treasurer, pleaded addition to serving many communities as legal guilty in federal court to one count of caus­ California Republican and the first Korean­ counsel, he also served as president of the American member of Congress. ing a false statement to be made to the Fed­ eral Election Commission, U.S. Attorney League of Wisconsin Municipalities for three Since December, four Korean companies­ Lynne A. Battaglia said. He faces up to five Hyundai Motor America, Korean Air Lines, consecutive terms. He was also recognized years in prison and a $250,000 fine at sentenc­ statewide for helping school districts consoli­ Daewoo International (America) Corp. and ing Aug. 6. Samsung America-have paid a total of Sl.2 date during the late 1950's and 1960's. million in fines in connection with illegal None of the money in question went to the campaign contributions to Kim that were governor's campaign. But Maryland Repub­ One of his finest achievements to benefit laundered through company employees. lican Party Chairman Joyce Lyons Terhes southwest Wisconsin was getting a technical said Gadhia's activities are indicative of the college located in Fennimore. During the late In 1994, a number of Japanese citizens and type of people Mr. Glendening surrounds corporations paid a $162,225 civil penalty to himself with. 1960's, the State was developing vocational the FEC for making more than $300,000 in il­ districts and southwest Wisconsin was to be legal contributions in Hawaii during the "I think it is one more example of the 1980s. flawed administration of Glendening," she included in either the Madison or Lacrosse Perhaps the most famous episode of foreign said. vocational district. Kramer, who served on intervention in recent history was the Ko­ But a state Democratic Party spokesman several State committees, was instrumental in rean scandal of the 1970s, in which a wealthy said it has nothing to do with Mr. convincing the State that there should be a South Korean businessman funneled hun­ Glendening and, if anything, reflects posi­ separate vocational district in the southwest­ dreds of thousands of dollars in bribes and tively on the party. ern part of the State. Kramer was recognized contributions to U.S. politicians. "It is very unfortunate that he became Among those caught in the scandal, which overzealous, but the Clinton administration for this achievement by Southwest Tech in implicated more than 30 members of Con­ does not back off... even though this guy has 1992 and the administration building on cam­ gress, was Rancho C. Kim, a Maryland busi­ been a strong supporter of Democrats," pus was renamed the Kramer Administration nessman. He was sentenced to six years in David Paulson said. Building. During that time, the city of prison in 1978 for accepting $600,000 in funds The FBI said Gadhia approached the In­ Fennimore also named and dedicated a park from the Korean government to influence dian-American Leadership Fund in the fall of in Nick's honor. members of Congress. 1994 and persuaded the New Mexico PAC to HOW THE MONEY MOVED contribute to candidates other than Indian­ Kramer has also worked on boards of three Aug. 16, 1993: Indian-American Leadership Americans, as long as he did the fund rais­ ing. of Wisconsin's main railroads to maintain rail Investment Fund registers as a political ac­ service in the State. tion committee (PAC) with the Federal Elec­ For three weeks in October 1994, Gadhia tion Commission. In first 13 months, it raises presented the PAC with checks totaling Nick is a faithful and dedicated member of $700. $34,900, which he said were contributions the Republican Party of Wisconsin and the October 1994: Lalit H. Gadhia sends 41 from a number of individuals. He also pro­ vided names, addresses and occupations for Third Congressional District, having served as checks totaling $34,900 written by various in­ the Third District chairman for several years, dividuals to the PAC. Between Oct. 30 and those individuals so that the PAC could me Nov. 3, the PAC sends $34,800 to 14 congres­ the required reports with the FEC. as well as chairman of the Grant County Re­ sional candidates and to the Massachusetts The PAC, in return, made political con­ publican Party, a position he still holds. Democratic Party's Victory '94 fund. Federal tributions to federal candidates selected by prosecutors say that Gadhia selected the Gadhia in the November elections. His many accomplishments, statewide and candidates to receive contributions and that For the most part, the money donated to locally, have earned him many friends and he reimbursed the authors of most of the the PAC did not come from the contributors, much respect through the State. Although he checks, suing money obtained from an offi­ prosecutors said. At least $31,400 of the funds plans to keep in contact with long-time clients cial at the Indian Embassy in Washington. provided to the PAC were laundered by indi­ and serve on a couple of committees, he is October-November 1994; Another $15,000 in viduals who issued checks to the Indian­ contributions from individuals is made di­ American Leadership Fund and then were re­ honoring the wishes of his wife, Katherine, rectly to 12 candidates, including eight who imbursed in cash for their contributions by sons John, Jr. and Mark and daughter Joellen, also received money from the PAC. The con­ Gadhia or his intermediaries, according to in retiring form his practice. tributors are reimbursed by Gadhia, using the FBI. money from the Indian Embassy official. Prosecutors said Gadhia used the same Mr. Speaker, on behalf of the constituents of Dec. 1, 1994: Gadhia sends a report on the type of scheme to launder $15,000 in 1llegal Wisconsin's Third District, I wish him a well­ use of the campaign funds to the embassy of­ contributions that he provided directly to a earned happy retirement. ficial Devendra Singh. number of federal election campaigns. 12520 EXTENSIONS OF REMARKS May 23, 1996 ERMA BOMBECK-AN AMERICAN Erma, you will be sorely missed. Thanks for right position. The car moved forward, slow­ LEGEND everything. ly picking up speed. The metal wheels on the [From the Buffalo News, May 13, 1996] metal track made so much noise you had to yell to your partner to be heard. ERMA BOMBECK AND THE RIDE OF HER LIFE HON. JOHN J. LaFALCE The car left the level starting track and OF NEW YORK (By Bill Bombeck) began a slow ascent. In 20 or 30 seconds, IN THE HOUSE OF REPRESENTATIVES In 1989 my wife, Erma Bombeck, began to when the track became steeper, the cog de­ Thursday, May 23, 1996 experience a series of painful medical prob­ vice engaged the car. Then there was a dis­ lems, but she disdained letting her readers trict rhythmic clacking sound as the cog de­ Mr. LAFALCE. Mr. Speaker, in 1990 I had know most of the details. She usually vice labored to overcome the near-per­ the pleasure of meeting Erma Bombeck when brushed aside rumors and inquiries with a pendicular angle of the track. You felt as if she visited Buffalo and spoke at the com­ joke and a plea that her purpose was to write it wouldn't make it, but just when it reached mencement exercises for Canisius College, on humor and make people smile. Health re­ a point that forced the passengers to stare, whose board I now serve. She was just the ports are not funny. Her greatest fear was not at the car ahead or the track, but only that she would become a "poster child" and at the night sky, it plunged downward, a same in person as most found her in print: people would feel sorry for her. wild, almost free-fall. Maybe whatever con­ witty, funny, down to Earth. Yet she was also Throughout these assaults she remained trolled the speed was now broken. one of the most sensible and reasonable peo­ unbelievably optimistic. Erma always knew She made her first sound since she had ple I've ever met. that there was a pony in their someplace. said, "Sure, I'll go." She screamed and No one attains the huge successes that Not only did the research and writing of her clenched my arm. I said, "Hang on to the Erma did without hard work and a strong book "I Want to Grow Hair, I Want to Grow bar." She kept hanging on to my arm. Sud­ sense of self. Yet despite her fame, the ac­ Up, I want to Go to Boise" provide a nation denly we were at the bottom, and we both claim did not go to her head. She remained with the heroics of kids surviving cancer, were so relieved that we laughed, and I saw that wonderfully boisterous, self-deprecating but it also helped give Erma the courage to that smile again. humorist who inspired us all with her wonder­ face her many trials, including her last one. The ride continued, with bone-jarring ful stories. As Canisius said in the citation ac­ I have met astronauts, war heroes, fire­ twists and turns, dizzy heights and abrupt fighters and police officers, but I have never plunges. Sometimes we would enter a dark companying the honorary doctorate they gave known anyone with more courage than tunnel, so dark the sparks from the wheels her on that occasion, "she is a troubadour of Erma. Courage has been called grace under and tracks made it look like it was on fire. the late 20th century, the chronicler of our fire. I would propose we call it Erma under She kept hanging on to my arm. I was grip­ American domestic habits." The citation went fire. ping the metal bar so tightly I thought I on to note that she viewed herself as an "ordi­ Erma would not have approved of my would bend it. This was some ride. We were nary person," and that it was "that 'ordinari­ words. But for this one time I will do what thrilled and exhilarated, scared and breath­ ness' to which we pay tribute * * *, for in her Erma admonished all who challenged her less. writings we hear EveryNeighbor, the voice of words, and that was to "go out and get your We had been in and out of many tunnels. someone we all know, someone who recounts own column." Each time they ended with almost blinding universal experiences." I have searched for a way to show my fami­ light in our eyes, and then on to another straight-up climb. Perhaps the closest parallel to Erma was ly's gratitude to the thousands of fans and friends who have shown so much love and We started in a tunnel that seemed to another American original, Will Rogers. And compassion toward her. I'd like to share with what distinguished them both was the com­ plunge deeper than all the others. It kept you a personal recollection I read at the fam­ dropping. We both sensed this one was really mon ingredient they brought to their observa­ ily services that were held before the fu­ different. Finally, instead of the bright tions of humanity and human beings: common neral. lights, we were back at the platform. sense. To see human fallibility and absurdity In 1947, three or four couples were outside We looked at each other. We didn't speak, through that prism is itself a recipe for having the Lakeside Ballroom in Dayton, Ohio. We but we sensed the ride had changed. The man an enjoyable time in life, but to be able to con­ were too early to be admitted for the big­ in the bib overalls was standing by the ta­ vey those observations to others is a gift in­ band dance, so we all wandered over to the pered 2-by-4s. He started to push one from its deed. adjoining amusement park. angle to a straight-up position. The car Mr. Speaker, I rise in tribute to one of our Not far from the ballroom was the roller stopped. I told him the ride was great, but it Nation's true originals, Erma Bombeck. I sa­ coaster. All of the boys began cajoling their was too short; we wanted to go on. He raised dates to ride with them. The girls giggled the bar. She smiled again. I looked at the at­ lute her for the joy she brought to so many of and said no. It was too frightening, and it tendant again. He said, this is April 22, 199&­ her fell ow Americans, and for the courage with would mess up their hair and dresses. your ride is over. I looked over at her seat. which she faced the cancer which took her I looked at my date and asked her if she She was gone. from us last month. wanted to go. She didn't hesitate. She said, Let me quote again from the Canisius' cita­ "Sure, I'll go." I was surprised and looked at [From the Buffalo News, May 14, 1996] tion: her again. She was slight, narrow-shoul­ ERMA BOMBECK WAS COMPANY FOR STAY-AT­ As any clown can tell you, it is far easier dered, with tiny hands and feet. But she had HOME MOMS to make people cry than it is to make them the greatest smile and laugh. Her smile had (By Christina Abt) a charming space between her two front laugh. In a world full of sadness, Erma The unthinkable happened to me last Bombeck espouse[dJ a simple philosophy: "If teeth. I thought, this is some kind of girl. you can't make it better, you can laugh at The Lakeside roller coaster was a rickety month. A member of my family died, and I old leftover from the Depression. The frame didn't even know she'd been sick. Worse than it." But in helping us to see the humor in that, no one called to inform me of her pass­ our stress-filled lives, she has made it better, was mostly made of unpainted 2-by-4s. No indeed. modern inspection by OSHA ever would have ing. I had to hear about it on the news. For making us more aware of ourselves approved this for man's use. The cold, hard reality of death was dealt to and each other, for staunchly maintaining The cars were linked together with what me in a 30-second sound byte courtesy of a her affirmative view of God's creation, and looked like modified train couplers. They well-known antacid and a lite beer. for sharing the precious gift of laughter, were mostly red painted wood with metal I'm angry, hurt and confused all at once; Can1sius College proudly awards Erma wheels and a coglike device that clicked but most, I'm so incredibly sorry that I Bombeck the degree of Doctor of Humane loudly. The seats had worn black leather never let this lady know how much I enjoyed Letters, honoris causa. padding. There were no belts, but there were her company. worn steel bars that had to be raised and A few days ago the Buffalo News printed a Without fail, her realistic and refreshing lowered by the attendant. view of life always gave me hope. She was a remembrance written by Erma's husband, Bill The attendant was an old man in oil­ lady of great intelligence, compassion, sen­ Bombeck, along with another beautiful piece stained bib overalls. He said little, but raised sitivity, insight and most importantly, "on by free-lance writer Christina Abt. Bill the bar and she entered the seat first, and I the mark" humor. Bombeck's and Christina Abt's words said it followed by her side. She was Erma Bombeck, whose column I all, and I ask consent to insert those two arti­ There were two tapered 2-by-4's on the read in The Buffalo News. cles at this point in the RECORD so our col­ platform, angled away from each other. He Why did she touch me so much? Because leagues can share in their thoughtful words. moved the one closest to the car to an up- her life was so like mine, like those of so May 23, 1996 EXTENSIONS OF REMARKS 12521 many women. She was a career woman, a terday because it provides several advan­ Fifty-eight percent of these adults are women, writer, but a woman who chose to devote tageous new tax benefits for small businesses many of them single mothers. In Wisconsin herself to marriage, family and community and their employees. By creating simplified re­ alone, apout 9 percent of our workforce-over as well. tirement plants, extending the tax exclusion for 200,000 people-is earning less than $5.15 And she always made us feel as if the fact that we are human was not only acceptable employer-provided educational assistance and per hour. but something to be cherished-warts and encouraging employers to hire workers from This is simply not sustainable. If we are all. economically and otherwise disadvantaged going to reform welfare, cut the earned in­ From diapers and toilet training through groups through the Work Opportunity Tax come tax credit, and reduce other benefits for high school proms and college graduations, Credit, this legislation can contribute to the vi­ the poor, we must guarantee them a livable over the peaks and valleys of marital bliss, tality of small businesses. wage. We cannot cut all the legs off the table and even on social issues, this lady's unique Despite the positive attributes of this bill, and then wonder why it does not stand. The perspective on the frustrations and triumphs of life as it really happens could make me two provisions trouble me. First, by repealing minimum wage is a crucial safety net for the laugh, cry, understand a new point of view section 956A of the Tax Code, Congress is re­ working poor, ensuring that we do not return and always feel better about the daily grind. instating an incentive for U.S. companies to to the sweatshops of the past, where unscru­ Erma Bombeck's career as a columnist move operations and jobs to foreign tax ha­ pulous employers preyed upon the desperate. spanned an era when women began leaving vens, accumulate unlimited passive assets, I would also like to express my opposition to the kitchen for the board room and experi­ and avoid paying U.S. income taxes. the Goodling amendments, which represent encing corporate heartburn rather than Congress put section 956A in the Code in nothing more than a cynical attempt to scuttle labor pains. The message that we should "have it all" was everywhere. A heretofore­ 1993 to curb the ability of controlled foreign the minimum wage increase. The first of these unknown body of womenhood was developing corporations to accumulate excess passive as­ amendments would discriminate against new a thousand new and different dialects with sets and shelter them from U.S. taxation. By hires and tipped employees, two of the groups no translator. There were new battlefields of repealing this provision, we are giving yet an­ most likely to be earning the minimum wage. full-time motherhood versus full-time other tax break to multinational corporate gi­ These provisions would allow employers to personhood. ants and a paid-for-ticket to run to tax havens. pay subminimum wage levels to these work­ A grudging understanding and bridging of And oddly enough, we're doing it in a "small ers. these gaps among women came about, partly business" bill. through the written work of this clever lady The second Goodling amendment would ex­ and her sharp pen. Secondly, I do not favor the wholesale re­ empt small businesses with less than She spoke the language of women every­ peal of the Section 936 tax credit which en­ $500,000 in gross annual sales from minimum where, a language of the heart. Every story courages economic investments in Puerto wage laws. This would effectively excuse two­ she told seemed to reach a part of our sense Rico. This action would have a detrimental im­ thirds of all American businesses, employing and sensibility no matter what the topics. pact on American citizens in Puerto Rico. I do over 10 million workers, from providing a mod­ People saved the stories, underlined them, endorse reform of the credit, focused on es­ est wage floor. This is outrageous. I hope our sent them to relatives, read them to friends tablishing effective mechanisms to foster and colleagues in the Senate will recognize these over the phone. improve job creation, and using the projected provisions for the cynical ploy they are and re­ And what made it all so effective was that revenue savings for social and employment ject them outright. this woman was a part of all of our families. and training needs in Puerto Rico. She knew your mom, your Aunt Rose, your Mr. Speaker, I urge all of my colleagues in husband, your child. I urge House conferees to carefully reas­ the strongest possible terms to vote in favor of Her stories were her own, but to me, as to sess these provisions and seek alternative increasing the minimum wage. other readers, it almost seemed as if the text revenue sources to pay for the valuable small were taken from a hidden camera set up in business tax reforms in this legislation. my own house-with words used verbatim. NEW BEDFORD STANDARD TIMES In February, my daughter sent me a SUPPORTS SUPREME COURT'S Bombeck columns as a valentine. The topic? IN SUPPORT OF THE MINIMUM COLORADO DECISION "Having It All." WAGE The content could have been taken di­ rectly from the life my two children and I HON. BARNEY FRANK experienced as I tried to be a 48-hour-a-day HON. GERALD D. KLECZKA OF MASSACHUSETTS OF WISCONSIN mom to them while st1ll cooking, cleaning, IN THE HOUSE OF REPRESENTATIVES washing clothes, car-pooling, shopping, pre­ IN THE HOUSE OF REPRESENTATIVES tending to be an intelligent life form, heal­ Thursday, May 23, 1996 ing the sick, raising the dead-woman will Thursday, May 23, 1996 Mr. FRANK of Massachusetts. Mr. Speaker, understand. The last few lines of the column Mr. KLECZKA. Mr. Speaker, I rise in strong I was very pleased to read in the New Bedford gave hope that someday the child will realize support of raising the minimum wage. the mother-to-slave ratio and actually ex­ Standard Times, on Thursday, May 23, an ex­ press gratitude, even if it is 20 years later. The minimum wage is a critical earnings cellent editorial in support of the recent Su­ And that's what my daughter did. She floor for the working men and women of our preme Court ruling striking down the anti-gay wrote at the bottom of the column, "Thanks, Nation. I have supported the necessary peri­ and lesbian law in Colorado. As the editorial Mom. I love you," Hallmark never said it odic increase in the minimum wage since I cogently points out, what the Supreme Court better. was first elected to Congress, introducing my said is "that this is still the United States of Coming as my twenty-something children own bill for this purpose in 1986. In 1989, I America, people are still entitled to equal pro­ are on their way to productive lives and I voted in favor of adjusting the minimum wage tection under the law. All people. Even ones confront t he "what now?" crisis, this column to its current level of $4.25. felt like a testimonial. we may misunderstand or, as in the case of It is abundantly clear that $4.25 is no longer Erma, friend, I will miss you. Colorado voters, despise. The Supreme Court an adequate minimum wage. Since 1991, the understands that, even if many other people wage has lost $0.50 in value. An individual do not." I am very grateful to the editorial SMALL BUSINESS JOB working full time at this rate makes less than board of the New Bedford Standard Times for PROTECTION ACT $9,000 per year-not nearly enough to sui:r coming to the Supreme Court's defense on port a family. this important occasion when they have re­ HON. RICHARD J. DURBIN Even the proposed increase of $0.90 over 2 affirmed basic American constitutional prin­ years will only compensate for half the value ciples. And I ask that this excellent, temperate, OF ILLINOIS lost in inflation during the 1980's. However, it well reasoned editorial be printed here. IN THE HOUSE OF REPRESENTATIVES is a critical step. COURT' S RULING ON GAYS WAS STRICT Thursday, May 23, 1996 Nearly 12 million workers across our Nation READING OF CONSTITUTION Mr. DURBIN. Mr. Speaker, I voted in favor are working for minimum wage. Of these, The U.S. Supreme Court made a pro­ of the Small Business Job Protection Act yes- close to 75 percent are over 20 years of age. foundly conservative decision this week 12522 EXTENSIONS OF REMARKS May 23, 1996 when it voted &-3 to strike down a Colorado his beloved hockey team's new home, Marine prolonged ovation by a capacity crowd. Fans measure that sought to deny homosexuals Midland Arena. And that new facility will help know why the Sabres exist. They let is show. any " special treatment" under the law. spur the continued redevelopment of down­ Knox give a short speech, closing with the words: '"'Farewell, old friend." That's always the charge when gays in the town Buffalo. United States make any attempts to appeal Buffalo people can repeat those words to the government to stop people from dis­ Mr. Speaker, Buffalo and the entire Western today. criminating against them. They're looking New York area will miss Seymour Knox, and for " special treatment" that no one else I know that all of his neighbors and mine join gets. in paying tribute to one of our finest. HONORING MARVIN GRAVES But the Colorado constitutional amend­ At this point, I ask unanimous consent to in­ ment turned that logic on its head, giving troduce a Buffalo News' editorial about Mr. homosexuals "special treatment" no Amer­ HON. ELEANOR HOIMF.S NORTON Knox into the RECORD: OF THE DISTRICT OF COLUMBIA ican would want, and in the process ran afoul [From the Buffalo News, May 23, 1996] of the equal protection clause of the Con­ IN THE HOUSE OF REPRESENTATIVES stitution. SEYMOUR KNOX ill LEAVES LEGACY TO THE COMMUNITY HE CARED FOR Thursday, May 23, 1996 The six justices who made that conclusion haven't lost their minds. They haven't sub­ Seymour H. Knox m was born to wealth, Ms. NORTON. Mr. Speaker, I am pleased to scribed to some subversive liberal agenda. and he put it to good use for his community. rise today to recognize the achievements of a They merely read the words of the amend­ Like his father before him, Knox left Buffalo very talented and gifted athlete who is also a ment in question and took them literally. an institution that will forever bear his Washingtonian. Marvin Graves is a 6'1 ", 195- And what they meant, literally, that one mark. In his father's case, it was a nation­ pound athlete who is an exceptional football group of people was to be singled out for a ally known art gallery. In his case, it is a na­ player and a responsible citizen who has dedi­ single trait and systematically denied any tionally famous sports team. Buffalo is rich­ cated himself to community service and lived er for both of them. specific civil rights protection in the State up to the respect and admiration he has won of Colorado. To say it simply, Buffalo needs more peo­ from fans. "It is not within our constitutional tradi­ ple like Seymour H. Knox ill. His death tions to enact laws of this sort" was the tart Wednesday, from cancer, came a few days Marvin Graves was born in Washington, DC understatement of Justice Anthony M. Ken­ after the public got its first look at the Ma­ on February 7, 1971, to Melvin and Katrina nedy, who wrote the majority decision. To rine Midland Arena, which Knox worked ar­ Graves. He attended Archbishop Carroll High better understand what he meant, try sub­ duously to bring into being. It will be the School in the District where he lettered in foot­ stituting the words "black" or " elderly" or new home of the Buffalo Sabres major league ball, basketball and baseball. Upon graduation "handicapped" for the word " homosexual" hockey team, his hard-won creation and his from high school Marvin Graves entered Syra­ enduring contribution to his home town. and try talking about denying those groups cuse University on a four-year football scholar­ protection under the law when they have More than one friend and more than one ship and majored in child and family studies. been discriminated against. To put it simply, fan will express regrets that Knox did not in those cases where communities have insti­ live to see the day when his team would During the course of his spectacular colle­ tuted laws protecting gays from discrimina­ skate onto the ice of the new arena. But at giate career, he was a four-year starter and tion in housing, banking, employment or least he knew it would happen. holds 16 of the 31 passing records at Syra­ whatever, it is because of the fact that with­ Though the efforts of Knox and his brother, cuse, including 6 of the 11 total offense out such protections it remains legal to dis­ Northrup, the Buffalo franchise in the Na­ records. His records also include: a four-time criminate against them in many instances. tional Hockey League was secured in 1969. bowl MVP, AP second team All-American, The discrimination does happen. As we see in From the beginning to his death, Seymour Eastern College Athletic Conference [ECAC] Colorado, that's the way a lot of people Knox ill was chairman of the partnership Player of the Year, second team All-Big East, would like it. that owned the team. Most of the time he But thanks to the fact that this is still the was also president of the team. and a finalist for the Daley O'Brien National United States of America, people are still en­ Titles aside, the hockey-loving public Quarterback Award. titled to equal protection under the law. All knew Knox simply as the one who got the In 1994 Marvin Graves graduated from Syr­ people. Even ones we may misunderstand or, team for Buffalo and served as its head man acuse University. He is now the star quarter­ as in the case of Colorado voters, despise. through the years. He was the guy in the back for the Toronto Argonauts of the Cana­ The Supreme Court understands that, even if gold seats a few rows above the Sabres' dian Football League. After an incredible many other people do not. We've got a long bench. comeback performance on Sunday, October 2, way to go in this country, don't we? Knox also kept the team here. In an age 1994, Marvin Graves' coach Bob O'Billovich when professional owners change cities at an had this to say about his star player: "You alarming rate, Knox was loyal to Buffalo SEYMOUR H. KNOX ill even though its comparatively small market saw one of the greatest quarterback perform­ might have made other pastures seem ances in a fourth quarter that you'll ever see greener. The point of the new arena is to in your lite * * * Nobody in this league has HON. JOHN J. LaFALCE make the team financially strong, securing played a quarter like that." OF NEW YORK it for Buffalo for the foreseeable future. Mr. Speaker, it is truly a pleasure and honor IN THE HOUSE OF REPRESENTATIVES Knox's vision made the Marine Midland to recognize the great achievements of my Arena possible. His legacy will be the excit­ constituent, Marvin Graves. I salute his re­ Thursday, May 23, 1996 ing hockey games of the future-games that will help make Buffalo a better place to markable career as an athlete and commend Mr. LAFALCE. Mr. Speaker, I rise today to his presence and activities in the community. salute a man who was a friend of mine, a spend the winter. Knox was also important to Buffalo for nu­ He has spoken at high schools, hospitals, and friend of his community, and a friend of our group homes eager to stress the importance Nation. Seymour H. Knox Ill, who passed merous other civic endeavors. Those in­ cluded the chairmanship of the Buffalo Fine of education, and urging our young people to away this week, was a leader in Western New Arts Academy, governing body of the never engage in drug activity. I ask my col­ York whose contributions were known to all. Albright-Knox Art Gallery, which, to a great leagues to join me in recognizing this out­ Mr. Knox was best known as the co-owner, degree, was his father's gift to Buffalo. The standing young man. with his brother, of the Buffalo Sabres hockey gallery's most distinguishing feature is its team. But he was more-much more-than a modern art collection put together with care sportsman, important as that role was in our by the late Seymour H. Knox Jr. INTRODUCTION OF A BILL community. He followed his father's footsteps His son's contribution is less genteel, but a as a patron of the arts. He was a successful community needs many aspects to its life. It is richer for both of these gifts. HON. BENJAMIN A. GILMAN businessman. And the list of his other civic en­ OF NEW YORK deavors is too long to list. From the start, the hockey team has played at Memorial Auditorium, Buffalo's IN THE HOUSE OF REPRESENTATIVES Seymour Knox's last contribution to our re­ aged indoor sports place, now slipping into Thursday, May 23, 1996 gion may be the longest-lasting. It was his retirement. drive and dedication, perhaps more than any­ At the last Sabres game in the Aud a bit Mr. GILMAN. Mr. Speaker, today I am intro­ thing else, that ensured the development of more than a month ago, Knox was given a ducing legislation that will help this Nation May 23, 1996 EXTENSIONS OF REMARKS 12523 struggle more effectively with the scourge of il­ drugs. As we well know, drugs and those in­ Romanowski's m1ss1on. The additions of the licit drugs, and those who engage in this volved in the deadly trade in these poisons, Ladies Auxiliary and the Dads Post have in­ deadly trade. cost our society more than $67 billion annu­ creased the number of people who have the It has recently come to my attention that ally, and threaten our cities, schools, youth, opportunity to participate in a positive way in many illegal criminal aliens in our State and and future generations. Post activities while also expanding the re­ local prisons for drug related offenses had The bill is simply authority for those local sources available to be dedicated to charitable often previously been transported-after they National Guard units that want to engage in pursuits. The numerous clubs and leagues had served their prison tim~by air by our assisting INS to transport these criminal aliens which operate within the post have helped to fine local National Guard units to Federal de­ involved in drugs for deportation purposes. It create a supportive and congenial atmos­ portation centers for eventual processing out will help this Nation get a handle on the many phere. of our Nation. foreign born individuals in our prison system On May 12, 1946, when the Post was hum­ There were many important benefits to who have engaged in drug related criminal ac­ bly instituted in the gymnasium of the Munger these controlled National Guard military flights, tivity and face deportation spirited out of this Intermediate School, its members could not including security, because many of these country as soon as possible. have foreseen the success that was ahead. criminal aliens involved with drugs and facing We should do all we can to get these crimi­ Romanowski has been the largest Post in the deportation often had histories of violent be­ nal aliens involved in drugs and related vio­ Department. It has long held the Drill T earn havior and conduct. lence out of our Nation as soon as possible title of Department Champions (first captured In addition, the cost of transporting these and not allow them back on our streets to af­ in 1965), and twice hosted the VFW National aliens individually along with Immigration and fect our communities, schools, and childrens' Convention. Throughout the years, the Post Naturalization Service [INS] officers accom­ futures and very lives and well being. has gained a well-deserved reputation for hos­ panying them on commercial carriers is ex­ I ask that the full text of the bill be printed pitality and generosity. pensive. It also exposed these criminal aliens hereafter: Mr. Speaker, it is with honor and personal to an unsuspecting public in our civilian air­ H.R. . pride that I congratulate my home Post for 50 ports and on commercial flights. years of dedicated service in southeast Michi­ Be it enacted by the Senate and House of Rep­ gan. Current limits on the number and the al­ resentatives of the United States of America in ready broad and difficult responsibilities of our Congress assembled, dedicated and hardworking INS personnel, SECTION 1. AUTHORITY FOR NATIONAL GUARD BROW ARD COUNTY LIBRARY and the costs of commercial travel for and TO ASSIST IN TRANSPORTATION OF SYSTEM WINS AWARD with these criminal aliens facing deportation, CERTAIN ALIENS. often makes it impossible to ensure that these Section 112(d)(l) of title 32, United States individuals when their time served in jail was Code, is amended by adding at the end the E. following new sentence: "The plan as ap­ HON. CLAY SHAW, JR. completed will ever be taken to or show up at OF FLORIDA deportation centers. Ultimately these limita­ proved by the Secretary may provide for the use of personnel and equipment of the Na­ IN THE HOUSE OF REPRESENTATIVES tions bear heavily on whether in fact these . tional Guard of that State to assist the Im­ Thursday, May 23, 1996 criminal aliens are ever eventually removed migration and Naturalization Service in the from the United States. transportation of aliens who have violated a Mr. SHAW. Mr. Speaker, I rise today to rec­ In some cases, absent INS ability to effec­ Federal or State law prohibiting or regulat­ ognize a south Florida institution which has re­ tively transport and move these aliens facing ing the possession, use, or distribution of a cently received the highest honor in its field. deportation, we may be letting these criminal controlled substance.". The American Libraries Association and the aliens-pending eventual deportation-merely Library Journal have named the Broward back into our local communities to engage in County Library System, the "1996 National Li­ more drug related crime and violence. CELEBRATING 50 YEARS OF SERV­ ICE BY VFW ROMANOWSKI POST brary of the Year." In the past State and local authorities often 6896 The Broward County Library System has had consolidated a number of these individual consistently provided the residents of south aliens for a group flight under INS and Na­ Florida with excellent service, valuable re­ tional Guard control at the same time to these HON. JOHN D. DINGEil sources, and vital information. The library sys­ deportation centers. These National Guard OF MICHIGAN tem has become a fixture within the commu­ flights made sense as a tool in our arsenal IN THE HOUSE OF REPRESENTATIVES nity, and the community support is extraor­ against drugs and those who would engage in Thursday, May 23, 1996 dinary. The library draws more attendance their possession, use or distribution, as well as than all the Florida sports teams combined. serving the Guard's training needs and re­ Mr. DINGELL. Mr. Speaker, it is an honor to The Miami Herald proclaimed the library to be quirements. rise today to mark 50 years of dedication by "one of the Broward County Commission's However; these effective and cost efficient the Sgt. Stanley F. Romanowski Post 6896 of most important achievements." Support such National Guard flights were I am informed, the Veterans of Foreign Wars. The ideals em­ as this illustrates the Broward County Library's ended several years ago because there was bodied in the Post membership stand as a successful pursuit of excellence and innova­ questions raised about the legal authority for model of public service. tive approaches to library service. the National Guard to engage in this activity, In exemplary fashion, the Romanowski Post In our growing age of technology and tele­ only indirectly drug related. has served its members and the community at communications, the Broward County Library My bill, which I introduce today, makes the large. I am proud to be associated, as a mem­ System has provided state of the art re­ local National Guard's authority clear in this ber, with an organization whose fierce cama­ sources which are in high demand. The library area; if it desires to promote its training and raderie is only outshone by its firm commit­ volunteered to pilot the FreeNet System to en­ antinarcotics function and role in this fashion ment to serving Dearborn, the 4th VFW dis­ hance access in providing the South Florida as part of its antidrug plans, it may clearly do trict, and Wayne County, Ml. community with electronic mail, a public forum so. It also limits those cases where the Na­ To list all of the ways Post 6896 serves the to exchange ideas, and internet service to re­ tional Guard may assist the INS in transport­ community would be near to impossible, yet it search data bases. During its expansion in ing aliens to those criminal aliens, who have is important to recognize a few of the pro­ service and information, the library system has violated a Federal or State law prohibiting or grams which the Post has established: the proven its commitment to develop a service regulating the possession, use, or distribution Post Blood Bank, serving both members and that will meet the technological standards of of a controlled substance. the public; spaghetti dinners supporting mus­ the 21st century. It is a reasonable use of the National cular dystrophy research; and the Christmas Through its program of service and dedica­ Guard's air assets, pilots, and personnel inci­ Needy Basket Program providing food for fam­ tion, the Broward County Library System has dental to training by the Guard. It also serves ilies enduring hard times. These are just three kept the taxpayer in high regard. For example, our national interests in the battle against examples of the selfless charity central to the library system formed a partnership with 12524 EXTENSIONS OF REMARKS May 23, 1996 Broward Community College in order to con­ THE 275TH ANNIVERSARY OF THE Work Hours Act of 1962; solidate financial resources for operational and INCORPORATION OF THE TOWN Surface Transportation and Uniform Relo- construction services. This partnership has OF VOLUNTOWN, CT cation Assistance Act of 1987; saved taxpayers $17,000,000-which is the Public.Works Employment Act of 1977; total cost of building and operating two librar­ HON. SAM GEJDENSON Federal-Aid Roads Act; ies. Both the public and private sectors have Clean Air Act; enabled the Broward County Library System OF CONNECTICUT IN THE HOUSE OF REPRESENTATIVES Federal Water Pollution Control Act; to provide essential service, as well as a com­ Contract Work Hours and Safety Stand- mitment to education. Thursday, May 23, 1996 ards Act; The Broward County Library System has Mr. GEJDENSON. Mr. Speaker, I rise today Americans with Disabilities Act of 1990; provided educational standards that have to commemorate the 275th anniversary of Copeland Act; and been adopted and practiced by educators. The Voluntown, CT. Like so many communities Davis-Bacon Act. library has teamed up with local schools, col­ across eastern Connecticut, Voluntown has a leges and universities in providing its coveted 2. abide by 16 sections in six titles of the proud history which spans nearly three cen­ Code of Federal Regulations; resources for all age groups. turies. 3. be bound by three Executive Orders Mr. Speaker, throughout this country there In 1698, Lt. Thomas Leffingwell of Norwich (11246, 11738, & 12549); are many individuals who are dedicated to and Sgt. John Frink of Stonington petitioned 4. obey nine sections in six titles of the strengthening our community spirit, one such the assembly in New Haven for a plantation United States Code; individual is Mr. Samuel Morrison, Director of for the volunteer settlers who carved a com­ 5. fill out Standard Form LLL (Disclosure the Libraries Division of Broward County. I ask munity out of the forbidding wilderness of re­ Form to Report Lobbying) and Form PR-1391 my colleagues to join me in extending con­ mote eastern Connecticut. Several years later (Federal Aid Highway Construction Contrac­ gratulations to Sam Morrison and the staff of the assembly approved the petition. The peti­ tors Annual EEO Report) and Form WH-347 the Broward County Library System on the re­ tion reads in part: (Certified Payroll); ceipt of the 1996 National Library of the Year Granted unto the inhabitants of 6. comply with provisions of OSHA, Equal Award. Voluntown the power and privilege of choos­ Employment Opportunity, Disadvantaged ing their own town officers and carrying on Business Enterprise, Unmarked Human Bur­ their own town affairs, as other towns in this ial Sites, Missouri Solid Waste Management, MEMORIAL DAY 1996 Colony by law impowered to do so. All volun­ Nationwide Permit (NWP) No. 26, Section 404 teer rights or lots in number of acres, within Permit, NWP No. 4, Standard Grading Rules the original grants are hereby taxed at eight for West Coast Lumber, Hometown Plan, HON. TOM LANTOS shillings per year for five years, for the sup­ Non-Discrimination in Employment, Mis­ OF CALIFORNIA port of a minister and building a meeting souri Seed Law, Workman's Compensation IN THE HOUSE OF REPRESENTATIVES house in said town. The committee for the Insurance, General Wage Order No. 38, and preva111ng wage, community block grant de­ Thursday, May 23, 1996 proprietors of the old Voluntown are hereby impowered to act jointly in settling a min­ velopment programs and other public laws Mr. LANTOS. Mr. Speaker, I rise today to isters salary. and revised statutes of Missouri; and commemorate the observance of Memorial 7. deal with and meet the requirements of I am proud to fly a flag over the Capitol to the following 12 agencies: Day. This day we pause from our busy sched­ mark this special occasion. The residents of National Register of Historic Places; ules to honor those who have given their lives Voluntown are rightfully proud on this land­ def ending our freedom in the line of duty. A mark anniversary. State Historic Preservation Office; small stone market at Omaha Beach Ceme­ United States Fish and Wildlife Service; tery echoes our gratitude with this simple but National Marine Fisheries Service; powerful acknowledgement. "To these we owe WE ACTUALLY BUILD BRIDGES United States Army Corps of Engineers; our highest resolve, that the cause for which TOO ... Office of Federal Contract Compliance, they died, we shall live." United States Department of Labor; The efforts of the men and women who val­ HON. JAMES M. TALENT Federal Highway Administration; iantly served our country here and abroad to Occupational Safety and Health Adminis­ preserve peace and liberty deserve our high­ OF MISSOURI IN THE HOUSE OF REPRESENTATIVES tration; est recognition. Whether we observe this oc­ Wage and Hour Division, Employment casion through ceremony or prayer, Memorial Thursday, May 23, 1996 Standards Administration; Day leaves few hearts unmoved. From the re­ Mr. TALENT. Mr. Speaker, I rise today to Missouri Department of Labor and Indus­ mote places of Argonne, Normandy, Inchon, share with my colleagues a thoughtful article trial Relations. Division of Labor Standards; Da Nang, and Kuwait City, Americans have on regulatory issues affecting small business Employment and Training Administration, shed their blood so that others might live in written by Mr. Tom McCrackin, a constituent of Bureau of Apprenticeship and Training, peace, without fear of tyranny and aggression. mine from St. Louis, Missouri: United States Department of Labor; and We have an obligation to remember the I recently received a letter from Rep. Jim Missouri Department of Natural Re­ names and the deeds of the Americans who Talent (R-Mo.), asking if I wanted to testify sources. paid the price for our freedom. before the House Small Business Comm! t­ I'll let you know how my testimony goes. The courage and valor shown by the men tee's Subcommittee on Regulation and Pa­ All I really wanted to do was build the and women who have served our country is perwork. bridge. symbolized by the plethora of monuments and The purpose of the hearing was to discuss memorials, each commemorating the deeds of regulatory issues of concern to business own­ CHURCH ARSON PREVENTION ACT untold numbers of Americans who made the ers, testify about the burdens of government and tell Congress what specific regulations OF 1996 ultimate sacrifice for their country. For those should be repealed. who have died and for those who are still In trying to decide if I had anything worth missing, we pause to reflect and hopefully to testifying about, I did a little research. By HON. HENRY J. HYDE learn. signing the contract and bond for our Route OF ILLINOIS For us, the living, the beneficiaries of their 47 Warren County Project, I agreed to: IN THE HOUSE OF REPRESENTATIVES sacrifices, the responsibility rests in our hands. 1. be governed by the following 15 acts: Thursday, May 23, 1996 History teaches us that those who were willing Clean water; to give their lives for freedom and democracy, Endangered Species Act; Mr. HYDE. Mr. Speaker, today I am intro­ do so for a cause more important than life. National Historic Preservation Act; ducing the "Church Arson Prevention Act of We are proud of those who have served our Farmland Protection Act; 1996," legislation which will give Federal au­ Nation. Today we remember so that future Comprehensive Environmental Response, thorities the tools necessary to prosecute and generations will never forget. Compensation and Recovery Act; bring to justice people who bum, desecrate, or May 23, 1996 EXTENSIONS OF REMARKS 12525 otherwise damage religious property. I am Although Federal authorities have been more than $10,000. This means that when the pleased that the Committee's Ranking Mem­ somewhat successful in prosecuting these damage from a fire is minimal, or when hate ber, JOHN CONYERS, is joining in sponsoring cases, the Federal statutes which grant juris­ is expr~i?sed, not through fire but through this bill. diction over fires and acts of vandalism at desecration of defacement of houses of wor­ houses of worship make it difficult to bring The arson of a place of worship is repulsive ship, 18 U.S.C. 247 is not an available source Federal cases if the culprits are acting alone. to us as a society. When the fire is motivated of jurisdiction. My bill reduces the dollar re­ My bill will eliminate these impediments, there­ by racial hatred, it is even more reprehensible. quirement to $5,000, an amount which will by giving the Attorney General an effective There is no crime that should be more vigi­ allow Federal prosecution of more cases, weapon with which to fight these heinous while ensuring that the Federal government is lantly investigated, and the perpetrators more crimes. The bill amends section 247 of Title vigorously prosecuted, than this. not becoming involved in cases that because 18, United States Code, which makes it a of their de minimum effect, are best left to Earlier this week, on May 21, 1996, the crime to damage religious property or to ob­ State authorities. Committee on the Judiciary held hearings on struct persons in the free exercise of religious the very troubling increase in church burnings, beliefs, by requiring only that the offense "is in I dare say that we in Congress are unani­ and particularly those occurring in the south­ or affects interstate or foreign commerce." In mous in our condemnation of those who would eastern United States. Since October 1991 using this formulation, Congress will be grant­ express their hatred by destroying or damag­ there have been 11 O incidents of church arson ing jurisdiction over all conduct which may be ing religious property. While we may not be reported to Federal authorities; 33 of these oc­ reached under the interstate commerce clause able to legislate this problem away, we can curred in the first five months of 1996. The of the Constitution. The parameters of this ju­ ensure that those who commit these crimes victims of these crimes are not confined to a risdiction are left to the Courts to define, in ac­ are swiftly and firmly punished. I invite my col­ particular religious group-the burnings in­ cordance with Constitutional principles. leagues to join me in this goal by co-sponsor­ clude synagogues, mosques, and church con­ In addition, the Hyde bill decreases the dol­ ing the "Church Arson Prevention Act of gregations both African-American and Cauca­ lar value of destruction which must occur in 1996." Should you wish to do so, or should sian. But, of the 51 fires reported since Janu­ order to prosecute a crime under section 247. you need further information, please contact ary 1995, more than half involve African-Amer­ Current law requires that the loss from the de­ me or Judiciary Committee counsel Diana ican congregations. facement, damage or destruction involved be Schacht, at extension 53951.