[Congressional Record Volume 143, Number 86 (Thursday, June 19, 1997)]
[Senate]
[Pages S6003-S6004]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HELMS (for himself, Mr. Akaka, Mr. Lott, Mr. McCain and 
        Mr. Murkowski):
  S. 940. A bill to provide for a study of the establishment of Midway 
Atoll as a national memorial to the Battle of Midway, and for other 
purposes; to the Committee on Energy and Natural Resources.


               THE BATTLE OF MIDWAY NATIONAL MEMORIAL ACT

  Mr. HELMS. Mr. President, on July 31, 1995, Senator Dole and I 
introduced S. 1098, the Battle of Midway Memorial Act. Today I am proud 
to offer an updated version of S. 1098 on behalf of the majority 
leader, Mr. Lott, the Senator from Hawaii, Mr. Akaka, the Senator from 
Arizona, Mr. McCain, and the Senator from Alaska, Mr. Murkowski.
  This bill directs the Secretary of the Interior to study the 
feasibility and advisability of establishing Midway Atoll as a national 
memorial to the Battle of Midway. It goes without saying that the 
sponsors of this bill strongly believe that this should be done without 
delay. I am confident that the Interior Secretary will agree.
  Mr. President, it was on June 4, 1942, that courageous American 
sailors, soldiers, and airmen stationed on Midway Atoll, and aboard 29 
warships, clashed with 350 warships of the Imperial Japanese Navy in 
what became known as the Battle of Midway. When the smoke cleared, the 
small American force, under the overall command of Admiral Nimitz, had 
soundly defeated the Imperial Japanese Navy in one of the most 
spectacular and historically significant naval battles of all time, and 
a turning point in the Pacific theater in World War II.
  There is no reason to delay further the establishment of Midway Atoll 
as a national memorial to honor the American heros who fought and died 
there in defense of our liberties. Approval of this bill will be the 
first step in recognizing what those gallant Americans did in 1942--and 
that recognition is in fact long overdue.
  Mr. President, on April 25, 1996, the Energy Committee's Subcommittee 
on Parks, Historic Preservation, and Recreation held an extensive 
hearing on S. 1098, the predecessor to the bill we introduce today. 
Chairman Nighthorse Campbell received testimony from my treasured 
friend, Adm. Tom Moorer, who in my judgment, was the greatest Chairman 
of the Joint Chiefs of Staff ever to serve in that post--and a veteran 
of the Pacific theater of World War II, and Dr. James D'Angelo, 
president of the International Midway Memorial Foundation.
  If the committee chooses to have another hearing on this issue, I 
hope Chairman Murkowski and Chairman Nighthorse Campbell will ask 
whether any historic structures on Midway Atoll have been destroyed, 
and if so, why. If this has occurred, I will support modifying the bill 
to prohibit explicitly any further destruction of any historic 
structure on Midway Atoll.
  Mr. President, Adm. James W. (Bud) Nance, chief of staff of the 
Foreign Relations Committee, Esther Kia'aina of Sen. Akaka's staff, and 
Jim O'Toole with the Energy and Natural Resources Committee deserve 
special thanks. When Midway Atoll becomes a national memorial, it will 
in large part be due to their tireless efforts.
  Mr. President, I ask unanimous consent that the full text of the bill 
be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 940

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SEC. 1. SHORT TITLE.

       This Act may be cited the ``Battle of Midway National 
     Memorial Act''.

     SEC. 2. FINDINGS.

       The Senate makes the following findings:
       (1) September 2, 1997, marks the 52th anniversary of the 
     United States victory over Japan in World War II.
       (2) The Battle of Midway proved to be the turning point in 
     the war in the Pacific, as United States Navy forces 
     inflicted such severe losses on the Imperial Japanese Navy 
     during the battle that the Imperial Japanese Navy never again 
     took the offensive against United States or allied forces.

[[Page S6004]]

       (3) During the Battle of Midway on June 4, 1942, an 
     outnumbered force of the United States Navy, consisting of 29 
     ships and other units of the Armed Forces under the command 
     of Admiral Nimitz and Admiral Spruance, out-maneuvered and 
     out-fought 350 ships of the Imperial Japanese Navy.
       (4) It is in the public interest to establish Midway Atoll 
     as a national memorial to the Battle of Midway to express the 
     enduring gratitude of the American people for victory in the 
     battle and to inspire future generations of Americans with 
     the heroism and sacrifice of the members of the Armed Forces 
     who achieved that victory.

     SEC. 3. SENSE OF THE SENATE.

       It is the sense of the Senate that--
       (1) Midway Atoll and the surrounding seas deserve to be a 
     national memorial;
       (2) the historical significance of the Battle of Midway 
     deserves more recognition;
       (3) the historic structures on Midway Atoll deserve to be 
     protected and maintained;

     SEC. 4. STUDY OF THE ESTABLISHMENT OF MIDWAY ATOLL AS A 
                   NATIONAL MEMORIAL TO THE BATTLE OF MIDWAY.

       (a) In General.--Not later than six months after the date 
     of enactment of this Act, the Secretary of the Interior 
     shall, acting through the Director of the National Park 
     Service and in consultation with the Director of the United 
     States Fish and Wildlife Service, the International Midway 
     Memorial Foundation, Inc. (hereafter referred to as the 
     `Foundation'), and Midway Phoenix Corporation, carry out a 
     study of the feasibility and advisability of establishing 
     Midway Atoll as a national memorial to the Battle of Midway.
       (b) Considerations.--In studying the establishment of 
     Midway Atoll as a national memorial to the Battle of Midway 
     under subsection (a), the Secretary shall consider the 
     following:
       (1) Whether, and under what conditions, to lease or 
     otherwise allow the Foundation or another appropriate 
     organization to administer, maintain, and utilize fully for 
     use as a national memorial to the Battle of Midway the lands 
     (including any equipment, facilities, infrastructure, and 
     other improvements) and waters of Midway Atoll.
       (2) Whether, and under what circumstances the needs and 
     requirements of the wildlife refuge should take precedence 
     over the needs and requirements of a national memorial on 
     Midway Atoll.
       (3) Whether, and under what conditions, to permit the use 
     of the facilities on Sand Island for purposes other than a 
     wildlife refuge or a national memorial.
       (4) Whether to impose conditions on public access to Midway 
     Atoll as a national memorial.
       (c) Report.--Upon completion of the study required under 
     subsection (a), the Secretary shall submit to Congress a 
     report on the study, including any recommendations for 
     further legislative action. The report shall also include an 
     inventory of all past and present structures of historic 
     significance on Midway Atoll.

     SEC. 5. RULE OF STATUTORY CONSTRUCTION.

       Nothing under this Act should be construed to delay or 
     inhibit discussions between the Foundation and the United 
     States Fish and Wildlife Service or any other government 
     entity regarding the future role of the Foundation on Midway 
     Atoll.
                                 ______