[Congressional Record Volume 149, Number 20 (Tuesday, February 4, 2003)]
[Senate]
[Pages S1901-S1902]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL:
  S. 296. 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 Energy and Natural Resources.
  Mr. CAMPBELL. Mr. President, today I introduce the Fairness to All 
Fallen Vietnam War Service Members Act of 2003. 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 legislation I am introducing today is based on language which I 
previously introduced toward the end of the 107th Congress.
  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, USS 
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 USS 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 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 that fateful morning and survived this horrible accident. Sadly, 
74 of their fellow sailors were not as fortunate.
  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 veteran 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 look forward to working with my colleagues here in the Senate as 
well as the USS 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. 296

       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 2003''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (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.

[[Page S1902]]

       (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 U.S.S. 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 one 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). The 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.
                                 ______