Daniel Inouye

Mr. INOUYE

Mr. INOUYE. Mr. President, in behalf of Senator Leahy, I must object.

Mr. INOUYE

Mr. INOUYE. Mr. President, I rise today to introduce a bill, cosponsored by Senators McCain and Akaka, which would amend the Native American Graves Protection and Repatriation Act to clarify certain provisions of that act as they pertain to native hawaiian organizations. In 1990, the Congress enacted the native American Graves Protection and Repatriation Act [NAGPRA] to address the growing concern among Indian tribes, Alaska Native villages, and native Hawaiian organizations associated with the disposition of thousands of native American human remains and religious objects currently in the possession of museums and Federal agencies. The act requires museums and Federal agencies in the possession of such cultural items to compile inventories and written summaries of human remains, associated and unassociated funerary objects, sacred objects, and objects of cultural patrimony. The act further establishes a process governing the repatriation of such items to appropriate Indian tribes or native Hawaiian organizations. In the years since its enactment, native Hawaiians have been at the forefront in the repatriation of ancestral remains. Hundreds of native Hawaiian kupuna (ancestors) have been returned to Hawaii --released from the confines of over twenty museums in the United States, Canada, Switzerland, and Australia --and returned to the lands of their birth. Despite these accomplishments, native Hawaiian organizations have experienced great difficulty in ensuring the act's implementation-- ironically, not abroad--but in Hawaii. In written testimony submitted to the Committee on Indian Affairs by Hui Malama I Na Kupuna O Hawaii Nei, a Hawaiian organization recognized under the act, for a December 9, 1995, oversight hearing on the act, a number of concerns were raised--concerns which this bill seeks to address, namely--the lack of written consent where native American remains are excavated or removed for purposes of study; following an inadvertent discovery of remains, the lack of assurances that the removal of native American remains will adhere to the same requirements as an intentional excavation; and the lack of notification to native Hawaiian organizations when inadvertent discoveries are made of native American human remains on Federal lands. As one of the original sponsors of the act, it is my view that the amendments which I propose are consistent with the original purpose, spirit, and intent of NAGPRA, and are necessary to clarify the existing law. It is my expectation that, if adopted, these amendments will ensure better cooperation by Federal agencies in the implementation of the act in the State of Hawaii. The responsibility born by those who choose, or who are called upon to care for the remains of their ancestors is a heavy one. By acting favorably on this measure, I hope that we can assist these individuals and organizations as they continue in their efforts to bring their ancestors home. Mr. President, I thank you for this time today, and I urge my colleagues to support this bill when it comes before the Senate for consideration.

Mr. INOUYE

Mr. INOUYE. Mr. President, I rise today to introduce a bill, cosponsored by Senators McCain and Akaka, which would amend the Native American Graves Protection and Repatriation Act to clarify certain provisions of that act as they pertain to native hawaiian organizations. In 1990, the Congress enacted the native American Graves Protection and Repatriation Act [NAGPRA] to address the growing concern among Indian tribes, Alaska Native villages, and native Hawaiian organizations associated with the disposition of thousands of native American human remains and religious objects currently in the possession of museums and Federal agencies. The act requires museums and Federal agencies in the possession of such cultural items to compile inventories and written summaries of human remains, associated and unassociated funerary objects, sacred objects, and objects of cultural patrimony. The act further establishes a process governing the repatriation of such items to appropriate Indian tribes or native Hawaiian organizations. In the years since its enactment, native Hawaiians have been at the forefront in the repatriation of ancestral remains. Hundreds of native Hawaiian kupuna (ancestors) have been returned to Hawaii --released from the confines of over twenty museums in the United States, Canada, Switzerland, and Australia --and returned to the lands of their birth. Despite these accomplishments, native Hawaiian organizations have experienced great difficulty in ensuring the act's implementation-- ironically, not abroad--but in Hawaii. In written testimony submitted to the Committee on Indian Affairs by Hui Malama I Na Kupuna O Hawaii Nei, a Hawaiian organization recognized under the act, for a December 9, 1995, oversight hearing on the act, a number of concerns were raised--concerns which this bill seeks to address, namely--the lack of written consent where native American remains are excavated or removed for purposes of study; following an inadvertent discovery of remains, the lack of assurances that the removal of native American remains will adhere to the same requirements as an intentional excavation; and the lack of notification to native Hawaiian organizations when inadvertent discoveries are made of native American human remains on Federal lands. As one of the original sponsors of the act, it is my view that the amendments which I propose are consistent with the original purpose, spirit, and intent of NAGPRA, and are necessary to clarify the existing law. It is my expectation that, if adopted, these amendments will ensure better cooperation by Federal agencies in the implementation of the act in the State of Hawaii. The responsibility born by those who choose, or who are called upon to care for the remains of their ancestors is a heavy one. By acting favorably on this measure, I hope that we can assist these individuals and organizations as they continue in their efforts to bring their ancestors home. Mr. President, I thank you for this time today, and I urge my colleagues to support this bill when it comes before the Senate for consideration.

Mr. INOUYE

Mr. INOUYE. I move to lay that motion on the table. The motion to lay on the table was agreed to. b-52 modifications amendment

Mr. INOUYE. Mr. President, in a few minutes, the Senate will vote on the final passage of this bill. I wanted to use this opportunity to advise my colleagues of my complete support of this measure. Yes, this bill provides more funding than sought by the administration, but it is at a level approved by the Congress in the budget resolution. Furthermore, while it is $1.3 billion more than appropriated last year, it still falls short in keeping up with inflation. Mr. President, it is a very good bill. It funds the priorities of the administration. It contains no controversial riders on social policy. It redresses shortfalls identified by our military leaders. It provides funding to cover overseas contingencies, and it meets the needs of our field commanders, who have identified many items that they require to improve the quality of the lives of our men and women in uniform. Mr. President, it is a bipartisan bill. Yesterday, the Senate agreed on approximately 60 amendments and, by my count, nearly half were Democratic amendments. This should come as no surprise to my colleagues. The Appropriations Committee, particularly this subcommittee, has a long tradition of bipartisanship. If I may, I would like to take my hat off to our chairman, who has done an extraordinary job in preparing the recommendations in the bill and managing it on the floor. Mr. President, there is no finer floor manager in the Senate than my friend from Alaska, Ted Stevens. I thank the staff on both sides of the aisle for their help in this very difficult legislation. A particular note of thanks to the staff director, Steve Cortese, for his leadership. On my staff, a special thanks to Lt. Col. Tina Homeland, who kept her eye on health programs for me this year. Also Emelie East of the subcommittee who provided tireless energy in keeping track of all of the amendments and assuring their adoption. So, Mr. President, I urge all of my colleagues to support this measure.

Mr. INOUYE. I move to table the motion. The motion to lay on the table was agreed to.

Mr. INOUYE

Mr. INOUYE. Mr. President, I am pleased to join my Chairman, Senator John McCain, in the introduction of a bill to amend the National Museum of the American Indian Act. The amendments that this bill proposes would fulfill a commitment I made to other museums and scientific institutions at the time the Congress was considering the Native American Graves Protection and Repatriation Act. At that time, Mr. President, the National Museum of the American Indian was newly authorized and was engaged in establishing the necessary administrative structures and policies that would define its character as an institution. Amongst the issues to be addressed by the new museum was the development of a repatriation policy, and the need to reconcile that policy with the policies of other museums in the Smithsonian Institution. Accordingly, while a general framework addressing repatriation was included in the National Museum of the American Indian Act that we adopted in 1989, the opportunity for the Smithsonian Institution to develop an institution-wide repatriation policy and the processes associated with the implementation of such a policy was requested, and we provided the time necessary to enable the development of that comprehensive policy. The other museums and scientific institutions that were to be covered under the Native American Graves Protection and Repatriation Act objected in the strongest possible terms to the exclusion of the Smithsonian Institution from the act, but ultimately agreed not to oppose passage of the act based in part upon my personal commitment that the Congress would subsequently enact legislation to assure that the Smithsonian Institution would be subject to Federal repatriation law. The bill we introduce today is designed, as I have indicated, to fulfill that commitment and to assure that the policy objectives of the Native American Graves Protection and Repatriation Act are extended to the Smithsonian Institution. As I complete my service as a member of the Board of Trustees of the National Museum of the American Indian this year, I am pleased that my Chairman has seized the initiative to act upon the discussions in which we have been engaged with the Smithsonian Institution and thereby given his support for carrying out my promise. I am hopeful that our colleagues in the Senate and the House will agree to act upon this legislation before the end of the 104th session of the Congress, and I thank my Chairman for his leadership.

Mr. INOUYE

Mr. INOUYE. Mr. President, I am pleased to join my Chairman, Senator John McCain, in the introduction of a bill to amend the National Museum of the American Indian Act. The amendments that this bill proposes would fulfill a commitment I made to other museums and scientific institutions at the time the Congress was considering the Native American Graves Protection and Repatriation Act. At that time, Mr. President, the National Museum of the American Indian was newly authorized and was engaged in establishing the necessary administrative structures and policies that would define its character as an institution. Amongst the issues to be addressed by the new museum was the development of a repatriation policy, and the need to reconcile that policy with the policies of other museums in the Smithsonian Institution. Accordingly, while a general framework addressing repatriation was included in the National Museum of the American Indian Act that we adopted in 1989, the opportunity for the Smithsonian Institution to develop an institution-wide repatriation policy and the processes associated with the implementation of such a policy was requested, and we provided the time necessary to enable the development of that comprehensive policy. The other museums and scientific institutions that were to be covered under the Native American Graves Protection and Repatriation Act objected in the strongest possible terms to the exclusion of the Smithsonian Institution from the act, but ultimately agreed not to oppose passage of the act based in part upon my personal commitment that the Congress would subsequently enact legislation to assure that the Smithsonian Institution would be subject to Federal repatriation law. The bill we introduce today is designed, as I have indicated, to fulfill that commitment and to assure that the policy objectives of the Native American Graves Protection and Repatriation Act are extended to the Smithsonian Institution. As I complete my service as a member of the Board of Trustees of the National Museum of the American Indian this year, I am pleased that my Chairman has seized the initiative to act upon the discussions in which we have been engaged with the Smithsonian Institution and thereby given his support for carrying out my promise. I am hopeful that our colleagues in the Senate and the House will agree to act upon this legislation before the end of the 104th session of the Congress, and I thank my Chairman for his leadership.

Mr. INOUYE

Mr. INOUYE. Mr. President, this amendment has been cleared by both managers.

Mr. INOUYE. Mr. President, I move to reconsider the vote.

Mr. INOUYE

Mr. INOUYE. Mr. President, I ask unanimous consent the Senate immediately proceed to executive session to consider the following nominations on the Executive Calendar: No. 575 and all nominations placed on the Secretary's desk. I ask further unanimous consent that the nominations be confirmed en bloc, the motions to reconsider be laid upon the table, the President be immediately notified of the Senate's action, and the Senate then return to legislative session.

Mr. INOUYE

Mr. INOUYE. Mr. President, Chairman Stevens has most adequately articulated the position of the subcommittee, and I join my chairman in opposing the Levin amendment. Mr. LEVIN addressed the Chair.

Mr. INOUYE. Mr. President, it is always very difficult to speak in opposition to my friend, Senator Harkin, but I am certain all of us will agree that corporate restructuring and corporate mergers are part of the daily business world. It is not the exception, it is the rule. These mergers are carried out for a very simple reason, and that is to reduce the cost of operations. In recognition of this, the Department of Defense has adopted a policy that not only allows but encourages defense contractors to enter into restructuring or corporate mergers in order to save money for our Department and, in turn, save money for our taxpayers. These costs, Mr. President, have to be certified by auditors of the Department of Defense. And these auditors will have to determine that the cost to be offset must be lower than the savings accrued to the Government through efficiencies. As a result, having encouraged industry to consolidate and to have lower costs, obviously industry responded. Based upon that anticipation, many companies have entered into restructuring. This amendment, though it may appear to be meritorious, would not allow defense contractors to charge the restructuring costs as legitimate overhead costs on DOD contracts. I believe logic will lead us to conclude that if industry cannot consolidate, if industry cannot merge, if it cannot restructure, it will not become more efficient and thereby lower overall costs. This will simply mean that the taxpayers of the United States will have to pay additional sums to support an inefficient industrial base. So, Mr. President, I concur with the current policy of the Department of Defense that encourages contractors to restructure and merge, and that this amendment would be contrary to that policy. So I join my chairman in opposing the Harkin amendment. I yield back the balance of my time. Mr. HARKIN addressed the Chair.

Mr. INOUYE. I move to lay that motion on the table. The motion to lay on the table was agreed to. aluminum metal matrix composites

Mr. INOUYE. Yes.

Mr. INOUYE. Mr. President, it is always difficult to speak against the GAO. After all, that organization is a child of the Congress. But in this case, I give great weight to the concerns and the professionalism of the United States Navy. I also note that in recent years, the United States Navy has suffered major aviation setbacks in the acquisition programs. For example, the Congress canceled the A-6F program, the Department of Defense canceled the A-12 program, the Navy canceled the Navy ATF and F-14D program and, as a result, what we have available for us is the F/A-18E and at the present time the C's. If we are to maintain a production line for the F/A-18E at a reasonable rate, then it would make sense to continue the production even of six models of the C. It will come down to cost. The production line will continue. Second, there are many who will argue that the millennium has arrived and, therefore, there is really no need for these fancy weapons systems. But I believe that we are being constantly reminded that this world is still very unstable, that there is a need for aircraft carriers, and if we are to have aircraft carriers, obviously there is a need to have planes flying off these carriers. These are carrier planes. So, Mr. President, on this issue, I prefer to set my vote of confidence with the Navy. I think the Navy is correct in suggesting to us that if they are to carry out their mission, they need this aircraft.

Mr. INOUYE. I move to lay that motion on the table. The motion to lay on the table was agreed to.

Mr. INOUYE. I move to reconsider the vote.

Mr. INOUYE. Mr. President, I am pleased to agree.

Mr. INOUYE

Mr. INOUYE. Mr. President, today I wish to congratulate and pay tribute to a great American leader, statesman and soldier. Lt. Gen. Robert L. Ord, III, Commanding General of the U.S. Army, Pacific (USARPAC) will retire on July 31, 1996 after more than 34 years of dedicated service to our nation and our Army. A native of Medford Lakes, NJ, Lieutenant General Ord graduated from the U.S. Military Academy at West Point in 1962 and was commissioned as a second lieutenant of Infantry. Over the course of the next three decades, he served our country honorably and faithfully in a variety of exceptionally challenging troop and staff assignments in the United States, Vietnam, and Korea. A leader in both peace and war, he has commanded at every level from platoon to division and Army major command. Lieutenant General Ord commanded a rifle company in Vietnam and the 2d Battalion, 1st Infantry Training Brigade at Fort Benning, Ga. Following graduation from the Army War College in 1980, he served as the Operations Officer, Chief of Staff, and Commander of the 9th Infantry Regiment, 7th Infantry Division (Light) at Ford Ord, CA. He then served in the Pentagon as the Executive Officer to the Army's Deputy Chief of Staff for Personnel followed by promotion to brigadier general and assignment in Korea as Chief of Staff of the United States-Korea Combined Field Army. Subsequently, he returned to Fort Ord as Assistant Division Commander of the 7th Infantry Division (Light), where he participated in Operation Just Cause in Panama, followed by Command of the U.S. Total Army Personnel Command in Washington, DC. From February 1992 until September 1993, Lieutenant General Ord served as the commanding general of the 25th Infantry Division (Light) and the United States Army, Hawaii where his relentless pursuit of excellence and focus on mission training placed the 25th Infantry Division (Light) on the cutting edge of combat readiness. Through his innovative, aggressive and creative leadership, the 25th Infantry Division (Light) and United States Army, Hawaii became fully integrated, modernized, manned and equipped forces capable of exceptional tactical mobility, lethality and versatility. As Commanding General, United States Army, Pacific, Fort Shafter, HA, from November 1993 to June 1996, Lieutenant General Ord has been the consummate statesman and ambassador for the United States throughout the Pacific. He has utilized his vast diplomatic skills with senior leaders from over 37 countries of the Asia-Pacific region to win friends and influence foreign governments; thereby, broadening the prestige of the U.S. Army and deterring hostile action from potential adversaries. Through his insightful guidance and visionary leadership, he has redefined the future of the Army in the Pacific and made dramatic progress toward its ``end-state'' with alignment and restructuring of apportioned Army forces. Throughout his career, Lieutenant General Ord has demonstrated a deep and personal concern for soldiers, Army civilians, retirees, and their families that has earned him a reputation as a commander who would spare no effort to ensure that their needs were met. His extraordinary leadership and brilliant statesmanship have significantly enhanced the vital national security interests of the United States and were the driving force behind preparing America's Army in the Pacific for the 21st Century. With resolute commitment and dedication, he has accomplished the Army's most challenging tasks of downsizing, reorganizing and streamlining while maintaining exceptional combat readiness and quality of life in his forces. Lieutenant General Ord's career has been the epitome of selfless service to our nation and the quintessential example of all we could hope our military leaders to be. And through the decades of service and sacrifice, he has been supported by a loving family. The Nation shares Lieutenant General Ord with his wife Gail, their daughters Traci and Ginger, and grandchildren Mariah and Zachary. They too have served our country, supporting in countless ways the career of this dedicated soldier and statesman. Lieutenant General Ord, a consummate professional, a loyal servant of the Constitution, a leader of demonstrated moral and physical vigor and courage--on behalf of the Congress of the United States and the people we represent, I offer our heartfelt appreciation and sincere thanks to you and your family for your selfless and dedicated service. Mahalo, aloha and best wishes for a bright and happy future.

Mr. INOUYE

Mr. INOUYE. I move to lay that motion on the table. The motion to lay on the table was agreed to.

Mr. INOUYE. Mr. President, this amendment provides $10 million within the funding available for defense health programs to research the gulf war syndrome. This measure has been authorized by the Senate, and it has been cleared by both sides.

Mr. INOUYE. I move to lay that motion on the table. The motion to lay on the table was agreed to. Amendment No. 4887

Mr. INOUYE. Mr. President, this amendment appropriates $20 million for payments to Vietnamese commandos who were captured and incarcerated by North Vietnamese forces while they were engaged in covert activities pursuant to United States operations. These operations were joint United States-South Vietnamese intelligence-gathering operations. And approximately 500 Vietnamese operatives, some civilians, some members of the Army, were recruited by the Government of South Vietnam. And we provided training and funding, including salaries, allowances, bonuses and death benefits. The majority of these operatives were captured. They were tried for treason by the north, and imprisoned in North Vietnam until the 1980's. Declassified Department of Defense documents suggest that the Defense Department systematically wrote off the commandos known to be in captivity as dead in order to avoid paying monthly salaries. The death benefits were paid to the next of kin. Many of the commandos spent 20 years or more in prison. This amendment would provide the funds to repay each commando a lump sum of $40,000. This amendment has been cleared by the managers of this measure. It has the approval of the administration.

Mr. INOUYE. Mr. President, I move to reconsider the vote by which the amendment was agreed to.