[Congressional Record Volume 148, Number 24 (Thursday, March 7, 2002)]
[Senate]
[Pages S1678-S1679]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. CAMPBELL:
S. 2001. A bill to require the Secretary of Defense to report to
Congress regarding the requirements applicable to the inscription of
veterans' names on the memorial wall of the Vietnam Veterans Memorial;
to the Committee on Armed Services.
Mr. CAMPBELL. Mr. President, today I introduce the Fairness to All
Fallen Vietnam War Service Members Act of 2002. Almost forty years ago,
our country started sending a generation of young men off to fight in
Vietnam. Over 58,000 American soldiers gave their lives to their
country in and around the lands, skies, and seas of Vietnam.
The ultimate sacrifices many of these men have made are honored on
the Vietnam Veterans Memorial Wall here in Washington, D.C. There are,
however, names that are missing from the wall, names that rightfully
should be there with their fallen fellow Americans. It is now time to
correct that omission.
On the morning of June 3, 1969, the United States destroyer, U.S.S.
Frank E. Evans, was cut in half during a training exercise by the
Australian aircraft carrier, Melbourne. The front half of the destroyer
sank in three minutes claiming the lives of seventy-four men.
While these men were not lost due to enemy fire, they were involved
in serious combat only days before this tragedy. At the time of the
accident, the U.S.S. Frank E. Evans was taking part in Operation Sea
Spirit in the South China Sea which involved over 40 ships from
Southeast Asia Treaty Organization Nations. These brave men were
instrumental in forwarding American objectives in Vietnam.
The fact is these men died while serving their country and are due
the
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rights and honors they deserve, including being listed on the Vietnam
Memorial Wall.
Two of my fellow Coloradans, Brian Crowson and Del A. Francis were on
board on that fateful morning and survived this horrible accident.
Sadly, 74 of their fellow sailors were not as fortunate.
There are many cases of men and women who were killed serving their
country in Southeast Asia, yet they are not eligible to have their
names placed on the Wall.
At a time when we rightly honor heroes across our country, should we
not also take the necessary step to ensure that our past heroes are
also honored?
This legislation directs the Secretary of Defense to determine an
appropriate manner to recognize and honor Vietnam Veterans who died in
service to our Nation but whose names were excluded from the Vietnam
Veterans Memorial Wall. It further asks for input from government
agencies and organizations that originally constructed the Vietnam
Veterans Memorial Wall regarding the feasibility of adding additional
names. Finally, the bill asks for appropriate alternative options for
recognizing these veterans should it be deemed that there is no
logistical way to add these names.
As a veterann of the Korean War, I personally understand the ultimate
sacrifice many of our brave men and women have made for the price of
freedom. This recognition should not be taken lightly.
I am honored to introduce this companion bill to H.R. 3443, which was
introduced by my good friend and colleague in the House of
Representatives, Congressman Steve Horn.
I look forward to working with my colleagues here in the Senate as
well as Representative Horn and the U.S.S. Frank E. Evans Association
so that we can pass this long overdue legislation.
I ask unanimous consent that the 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. 2001
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness to All Fallen
Vietnam War Service Members Act of 2002''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Public Law 96-297 (94 Stat. 827) authorized the Vietnam
Veterans Memorial Fund, Inc., (the ``Memorial Fund'') to
construct a memorial ``in honor and recognition of the men
and women of the Armed Forces of the United States who served
in the Vietnam war''.
(2) The Memorial Fund determined that the most fitting
tribute to those who served in the Vietnam war would be to
permanently inscribe the names of the members of the Armed
Forces who died during the Vietnam war, or who remained
missing at the conclusion of the war, on a memorial wall.
(3) The Memorial Fund relied on the Department of Defense
to compile the list of individuals whose names would be
inscribed on the memorial wall and the criteria for inclusion
on such list.
(4) The Memorial Fund established procedures under which
mistakes and omissions in the inscription of names on the
memorial wall could be corrected.
(5) Under such procedures, the Department of Defense
established eligibility requirements that must be met before
the Memorial Fund will make arrangements for the name of a
veteran to be inscribed on the memorial wall.
(6) The Department of Defense determines the eligibility
requirements and has periodically modified such requirements.
(7) As of February 1981, in order for the name of a veteran
to be eligible for inscription on the memorial wall, the
veteran must have--
(A) died in Vietnam between November 1, 1955, and December
31, 1960;
(B) died in a specified geographic combat zone on or after
January 1, 1961;
(C) died as a result of physical wounds sustained in such
combat zone; or
(D) died while participating in, or providing direct
support to, a combat mission immediately en route to or
returning from such combat zone.
(8) Public Law 106-214 (114 Stat. 335) authorizes the
American Battle Monuments Commission to provide for the
placement of a plaque within the Vietnam Veterans Memorial
``to honor those Vietnam veterans who died after their
service in the Vietnam war, but as a direct result of that
service, and whose names are not otherwise eligible for
placement on the memorial wall''.
(9) The names of a number of veterans who died during the
Vietnam war are not eligible for inscription on the memorial
wall or the plaque.
(10) Examples of such names include the names of the 74
servicemembers who died aboard the USS Frank E. Evans (DD-
174) on June 3, 1969, while the ship was briefly outside the
combat zone participating in a training exercise.
SEC. 3. STUDY AND REPORT.
(a) Study.--The Secretary of Defense shall conduct a study
that--
(1) identifies the veterans (as defined in section 101(2)
of title 38, United States Code) who died on or after
November 1, 1955, as a direct or indirect result of military
operations in southeast Asia and whose names are not eligible
for inscription on the memorial wall of the Vietnam Veterans
Memorial;
(2) evaluates the feasibility and equitability of revising
the eligibility requirements applicable to the inscription of
names on the memorial wall to be more inclusive of such
veterans; and
(3) evaluates the feasibility and equitability of creating
an appropriate alternative means of recognition for such
veterans.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to Congress a report based on the study conducted under
subsection (a). Such report shall include--
(1) the reasons (organized by category) that the names of
the veterans identified under subsection (a)(1) are not
eligible for inscription on the memorial wall under current
eligibility requirements, and the number of veterans affected
in each category;
(2) a list of the alternative eligibility requirements
considered under subsection (a)(2);
(3) a list of the alternative means of recognition
considered under subsection (a)(3); and
(4) the conclusions and recommendations of the Secretary of
Defense with regard to the feasibility and equitability of
each alternative considered.
(c) Consultations.--In conducting the study under
subsection (a) and preparing the report under subsection (b),
the Secretary of Defense shall consult with--
(1) the Secretary of Veterans Affairs;
(2) the Secretary of the Interior;
(3) the Vietnam Veterans Memorial Fund, Inc.;
(4) the American Battle Monuments Commission;
(5) the Vietnam Women's Memorial, Inc.; and
(6) the National Capital Planning Commission.
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