[Congressional Record Volume 142, Number 43 (Tuesday, March 26, 1996)]
[Senate]
[Pages S2858-S2859]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        PETITIONS AND MEMORIALS

  The following petitions and memorials were laid before the Senate and 
were referred or ordered to lie on the table as indicated:

       POM-517. A joint resolution adopted by the Legislature of 
     the State of California; to the Committee on Foreign 
     Relations.

                   ``Assembly Joint Resolution No. 45

       ``Whereas, Jimmy Tran valiantly fought for the freedom of 
     his country of seven years as a member of the Army of the 
     Republic of Vietnam; and
       ``Whereas, after the fall of Saigon, Jimmy Tran escaped 
     from a reeducation camp and continued to fight the 
     totalitarian regime as a member of the democratic movement; 
     and
       ``Whereas, Jimmy Tran escaped Vietnam in 1978 and came to 
     the United States to start a new life in a free nation; and
       ``Whereas, Jimmy Tran became a citizen of the United States 
     and continued to work for freedom and democracy through 
     patriotic organizations in his adopted country; and
       ``Whereas, Jimmy Tran returned to Vietnam in January 1993 
     to promote the cause of freedom in Vietnam; and
       ``Whereas, Jimmy Tran was arrested on February 15, 1993, 
     and charged with planning to denigrate symbols of the Hanoi 
     regime; and
       ``Whereas, Jimmy Tran was denied a lawyer of his choice, 
     tried in secret with a predetermined verdict, and sentenced 
     to 20 years in one of Vietnam's most notorious prisons; and
       ``Whereas, Jimmy Tran now suffers in prison from severe 
     malnutrition and, at the age of 44, has become nearly blind; 
     and
       ``Whereas, the United States has formally recognized the 
     communist government of Vietnam in hopes of bringing 
     democratic reforms to that nation; and
       ``Whereas, Jimmy Tran should be enabled to return home to 
     his wife and four young children: Now, therefore, be it
       ``Resolved by the Assembly and Senate of the State of 
     California, jointly, That the Legislature of the State of 
     California respectfully memorialize the President of the 
     United States to use our new diplomatic relations with 
     Vietnam to secure the release of Jimmy Tran and his return to 
     his wife and children in the United States; and be it further
       Resolved, That the Chief Clerk of the Assembly transmit 
     copies of this resolution to the President and Vice President 
     of the United States, the Secretary of State, the Speaker of 
     the House of Representatives, and to each Senator and 
     Representative from California in the Congress of the United 
     States.''
                                                                    ____

       POM-518. A joint resolution adopted by the Legislature of 
     the State of California; to the Committee on Foreign 
     Relations.

                   ``Assembly Joint Resolution No. 34

       ``Whereas, the memory of those Americans who died in the 
     Korean War to defend liberty and freedom, demands that 
     Americans make every effort to reclaim, identify, and 
     appropriately enshrine their remains; and
       ``Whereas, the accounting of Americans who were taken as 
     prisoners of war or who were missing in action during the 
     Korean War is incomplete; and
       ``Whereas, the Government of the United States should 
     demand that the government of North Korea provide the fullest 
     possible accounting of each and every American P.O.W. or 
     M.I.A.; and
       ``Whereas, the use of current DNA biotechnology can assist 
     greatly in the identification of the remains of American 
     personnel in the hands of North Korea: Now, therefore, be it
       ``Resolved by the Assembly and Senate of the State of 
     California, jointly, That the Legislature of the State of 
     California respectfully memorializes the President and the 
     Congress of the United States to demand that the government 
     of North Korea provide the fullest possible accounting of 
     each and every American P.O.W. or M.I.A.; and be it further
       ``Resolved, That the President and the Congress of the 
     United States ensure that the latest DNA biotechnology is 
     used to its fullest potential to identify the remains, and 
     that arrangements be made for the remains to be properly 
     enshrined in a suitable place of honor; and be it further
       ``Resolved, That the Chief Clerk of the Assembly transmit 
     copies of this resolution to the President and Vice President 
     of the United States, to the Speaker of the United States 
     House of Representatives, and to each Senator and 
     Representative from California in the Congress of the United 
     States.''
                                                                    ____

       POM-519. A joint resolution adopted by the Legislature of 
     the State of California; to the Committee on Foreign 
     Relations:

                   ``Assembly Joint Resolution No. 37

       ``Whereas, the government of the Socialist Republic of 
     Vietnam (SRV) is continuing to violate all fundamental and 
     civil rights of its own citizens through arbitrary arrests, 
     detentions without trial, and the censorship of peaceful 
     expression of political or religious beliefs; and
       ``Whereas, in 1991 and 1992, Amnesty International had 
     reported that there were still thousands of political 
     prisoners detained in hundreds of government-operated 
     reeducation camps, and Amnesty International estimates that 
     at least one reeducation camp exists in each of Vietnam's 40 
     provinces and continues to receive ``persistent reports of 
     torture and ill-treatment of people'' within those camps; and
       ``Whereas, the Asia Watch has raised the issue of political 
     detainees in the SRV having to perform hard labor under 
     conditions of malnutrition, abuse, and lack of medical care, 
     and the periods of detention are indefinitely renewable; and
       ``Whereas, as a part of the Campaign for the Release of 
     Political Prisoners in Vietnam, the National United Front of 
     the Liberation of Vietnam released a list of political 
     prisoners, including writers, journalists, religious leaders, 
     intellectuals, civil servants, and politicians; this list 
     provides the names of prisoners, their prison location, and 
     the penalty under which they are serving; and there are 
     currently 1,005 prisoners on this list; and
       ``Whereas, for decades hundreds of religious leaders and 
     followers have been imprisoned and scores of religious 
     leaders have been killed and since summer of 1993, there has 
     been a brutal crackdown on religion by the government of 
     Vietnam; and
       ``Whereas, in the SRV, the Vietnamese people are constantly 
     subjected to police surveillance and restricted social and 
     political activities; in other words, the Vietnamese people 
     are being denied normal civil rights and entitlements; and
       ``Whereas, political oppression and human rights violations 
     in Vietnam continue to increase at an alarming rate in 
     contrast to the government's recent publicity maneuvers, such 
     as ``economic reforms,'' a ``revised Constitution,'' or an 
     ``open door policy''; and
       ``Whereas, after two decades, the government of the SRV is 
     still committing the inhumane act of warehousing the remains 
     of

[[Page S2859]]

     American soldiers to be used as bargaining chips; and
       ``Whereas, for two decades, the government of the SRV has 
     been and is still less than forthright about the fate of 
     American POWs and MIAs; and
       ``Whereas, the Government of the United States should 
     require specific improvements of human rights and civil 
     rights by the Vietnamese government as conditions in all 
     business, investment, aid, and diplomatic discussions with 
     Vietnam; and
       ``Whereas, the government of Vietnam has reacted to the 
     United States decision to normalize diplomatic relations with 
     a refusal to institute democratic reforms and a rejection of 
     calls for an end to human rights violations; and
       ``Whereas, April 30, 1995, marked the 20th anniversary of 
     the fall of Saigon to the Communist government of North 
     Vietnam: Now, therefore, be it
       ``Resolved by the Assembly and Senate of the State of 
     California, jointly, That the Legislature hereby declares its 
     support for the struggle of the Vietnamese people for freedom 
     and democracy, calls for an end to political oppression and 
     for respect of human and civil rights in Vietnam, and urges 
     the Government of the United States to use its new diplomatic 
     relations with Vietnam to insist on democratic political 
     reforms, an end to human rights violations, and a full 
     accounting of American POWs and MIAs and to make the 
     extension of Most Favored Nation status, contingent upon (1) 
     the unconditional release of all political and religious 
     prisoners in Vietnam, (2) the immediate cessation of 
     punishment of critics through detention without trial, (3) 
     the abolition of all political prisons and reeducation camps 
     throughout the country, (4) the elimination of all 
     regulations, codes, and constitutional provisions prohibiting 
     organized opposition activity that are commonly used to 
     repress peaceful expression of dissent, (5) a formal 
     commitment by the leaders of the Communist Party of Vietnam 
     to create a pluralistic and democratic environment, with free 
     and open national elections under international supervision, 
     so that the citizens of Vietnam may determine the future 
     leadership and orientation of their government, (6) the 
     immediate and unconditional return of the remains of all 
     United States soldiers still in the possession of the 
     government of the SRV, and (7) full and forthright 
     cooperation in resolving the fate of all American POWs and 
     MIAs in Southeast Asia; and be it further
       ``Resolved, That corporations doing business with Vietnam 
     are encouraged to seek improvement in labor practices, as 
     well as human rights and civil rights in all business 
     negotiations and transactions; and be it further
       ``Resolved, That the Chief Clerk of the Assembly transmit 
     copies of this resolution to the President and Vice President 
     of the United States, to the Speaker of the House of 
     Representatives, and to each Senator and Representative from 
     California in the Congress of the United States.''
                                                                    ____

       POM-520. A joint resolution adopted by the Legislature of 
     the State of Maine; to the Committee on Foreign Relations.

                               H.P. 1273

       ``Whereas, the United States of America has had a long and 
     friendly relationship with the Government of the Republic of 
     China on Taiwan; and
       ``Whereas, in recent years the Republic of China on Taiwan 
     has established a multiparty, democratic political system 
     dedicated to human rights and the pursuit of freedom; and
       ``Whereas, commercial interaction with the Republic of 
     China on Taiwan has grown substantially in recent years; and
       ``Whereas, the Republic of China on Taiwan is a major 
     trading partner of the United States and has a strong, free-
     market economy with the largest foreign reserves of any 
     nation in the world; and
       ``Whereas, the role of the Republic of China on Taiwan in 
     international development programs and humanitarian relief 
     operations has significantly expanded during the past decade; 
     and
       ``Whereas, the return of the Republic of China on Taiwan to 
     the family of nations through membership in the United 
     Nations will help to strengthen mutual cooperation and the 
     bonds of friendship between our nations: Now, therefore be it
       ``Resolved, That We, your Memorialists, respectfully 
     request the President and the Congress of the United States 
     to encourage and support full participation by the Republic 
     of China on Taiwan in the United Nations; and be it further
       ``Resolved, That suitable copies of this resolution, duly 
     authenticated by the Secretary of State, be transmitted to 
     the Honorable William J. Clinton, President of the United 
     States, to the President of the Senate and the Speaker of the 
     House of Representatives of the Congress of the United States 
     and to each Member of the Maine Congressional Delegation.''
                                                                    ____

       POM-521. A joint resolution adopted by the Legislature of 
     the State of Alaska; to the Committee on Governmental 
     Affairs.

                       Legislative Resolve No. 31

       ``Whereas there is continuing controversy concerning 
     Americans who were listed as prisoners of war (POW) or 
     missing in action (MIA) while serving in the Southeast Asian 
     nations of Vietnam, Laos, Kampuchea (formerly Cambodia); and
       ``Whereas the United States government has stated that all 
     of our POW's have been returned; and
       ``Whereas a top secret Vietnamese report dating from 1972 
     by General Tran Von Kwang, Deputy Chief of Staff for the 
     North Vietnamese Army, reported that in September of 1972 
     Hanoi held 1,205 American prisoners; and
       ``Whereas only 591 American POWs have been released under 
     the 1973 Peace Settlement, which means that, based on General 
     Kwang's own report, at least 614 POWs were not returned or 
     accounted for; and
       ``Whereas Vietnamese nationals who have moved to the United 
     States have reported the appearance of American prisoners 
     still being held in Southeast Asia; and intelligence 
     agencies, and the governments of Vietnam, Laos, Kampuchea, 
     Russia, North Korea, and China be ordered to turn over all 
     documents concerning Americans listed as POWs or MIAs as a 
     result of the Vietnam War; and be it further
       ``Resolved, That the lawsuit is not intended to solicit a 
     ruling or an opinion definitively declaring the POW/MIA issue 
     moot, but rather it is intended to seek a mandate that all 
     documents and other information concerning POWs and MIAs be 
     released to the public so that the fate or location of all 
     members of the service who were POWs or MIAs may be proven 
     beyond a reasonable doubt; and be it futher
       ``Resolved, That the Alaska State Legislature respectfully 
     requests the other 49 states of the United States to join in 
     this action on behalf of their citizens being held in 
     captivity as a result of the war in Southeast Asia.''
                                                                    ____

       POM-522. A joint resolution adopted by the Legislature of 
     the State of Washington; to the Committee on Indian Affairs.

                    ``Senate Joint Memorial No. 8028

       ``Whereas, the Indian Gaming Regulatory Act of 1988 was 
     passed by Congress to protect tribal and state interests as 
     they pertain to gambling; and
       ``Whereas, the primary intent of Congress was to allow for 
     tribal economic development and self-sufficiency consistent 
     with the state's public policy as it pertains to gambling; 
     and
       ``Whereas, the conduct of Class III gaming within the 
     state's boundaries is subject to the completion of a tribal-
     state compact; and
       ``Whereas, only the gambling activities authorized for any 
     person, organization, or entity for any purpose in accordance 
     with state law, should be the subject matter of any 
     negotiation; and
       ``Whereas, some courts recognize states' interests in 
     limiting the scope of gambling; other courts have failed to 
     give adequate weight to state limitations on gambling within 
     a state's borders; and
       ``Whereas, the public policy of the state of Washington, as 
     expressed by the Legislature in 1994, is to limit the nature 
     and scope of gambling activities through strict regulation 
     and control; and
       ``Whereas, Washington state has been unable to carry out 
     its public policy on gambling due to some courts' decisions 
     not allowing the state to set reasonable limitations on 
     gambling; and
       ``Whereas, because Washington has been limited by court 
     decisions to fulfill its public policy goal an unfair 
     situation and an economic hardship has occurred for operators 
     of non-Indian gambling establishments, which are licensed and 
     regulated by the state;
       ``Whereas, nationally there has been much disagreement 
     between tribes and states as to the scope of gaming subject 
     to negotiation under the Indian Gaming Regulatory Act of 
     1988: Now, therefore, Your Memorialists respectfully request:
       ``(1) Congress implement sufficient clarification of the 
     Indian Gaming Regulatory Act of 1988 to ensure that only 
     those specific gambling activities currently authorized under 
     the laws of a particular state are subject to negotiation 
     between a tribal government and a state government and that 
     the clarification ensure that no state is required to 
     negotiate on any specific type of gambling activity that is 
     not either authorized, or played, or both, within a state's 
     particular boundaries;
       ``(2) Congress additionally clarify the Indian Gaming Act 
     to recognize that non-Indian gambling is important to the 
     economic well-being of states and that a balance needs to be 
     achieved between Indian and non-Indian gambling activities, 
     be it
       ``Resolved, That copies of this Memorial be immediately 
     transmitted to the Honorable William J. Clinton, President of 
     the United States, the President of the United States Senate, 
     the Speaker of the House of Representatives, and each member 
     of Congress from the State of Washington.''
                                                                    ____
                                  

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