S6274 CONGRESSIONAL RECORD — SENATE May 8, 1995

There is a second problem, Mr. President, that our new, hopefully new Director of Central Intelligence is going

to have to be dealing with. The distinguished Senator from New York in his

comments referenced that, and that is

not just a cynicism toward Government but a precise suspicion that the

CIA is involved in all sorts of things

that are bad. That the CIA is possibly

responsible for the assassination of

John Kennedy is something that is actually honestly believed by some

Americans who see a conspiracy in

which the Central Intelligence Agency

perhaps played some central role.

We are going to have to face an awful

lot of that, Mr. President, and we are

going to have to face it very squarely

and very honestly. As I said earlier, I

am very excited watching the accounts

of the celebration of the victory in Europe 50 years ago, watching old men recall the stories of bravery and heroism

and sacrifice. I say, with no interest in

disparaging that success—I thrilled in

that success and am unable to measure

truly the sacrifice and heroic behavior

that was necessary, but it stands in

stark contrast to an event that occurred, oh, I guess about a month or so

ago when former Secretary of Defense

McNamara published a mea culpa book

saying that in 1966 the Secretary of Defense of the United States of America,

with all the intelligence effort at its

disposal, had actually concluded that

the war in Vietnam was unwinable.

Well, I was there in 1969. I do not remember McNamara saying anything

about it then. And that kind of a statement is the example of the sort of

thing, unfortunately, that feeds this

cynicism and this conspiracy theory

and causes people to say that the Government really is against rather than

trying to be on their side in making

their lives not only safe but their lives

secure as well. It means that we are

going to have to press the envelope a

bit on secrecy. By that I mean we are

going to have to take great care that a

secret is, indeed, necessary to protect

the American people rather than protecting those who are operating, either

the Director of Operations or other

sorts of entities. It cannot be that we

keep a secret from the American people because we are afraid of what they

will do to us if we tell them the truth.

It must be that a secret is being maintained because we are concerned about

our inability to carry out an important

security mission if full disclosure were

to occur.

As I indicated, there is a tremendous

capacity in the intelligence community to help citizens in a very difficult

time acquire the information needed to

become informed. When you are born in

the United States of America, you are

given enormous freedoms at birth and

should have been told at some point

during your public education or upbringing by your parents or upbringing

by others, you should have been told

that freedom is not free; that a contribution has to be made back of some

kind. And our citizens are increasingly

aware of the contribution of time and

effort that they have to make to become informed about what is going on

in Chechnya, what is going on in the

former Yugoslavia, what is going on in

Mexico, what is going on in places

where they have a difficult time pronouncing the name let alone making

decisions about what our foreign policy

ought to be. I believe the technologies

that we have at our disposal, if we

press the envelope judiciously and not

in a reckless fashion, can, indeed, help

our citizens make decisions and make

it more likely that government of, by,

and for the people works both in foreign as well as domestic policy.

Mr. President, no one has traipsed

over to the floor to provide additional

testimony, and I am prepared to yield

back what time is remaining and yield

the floor.

Mrs. HUTCHISON addressed the

Chair.

The PRESIDING OFFICER. The Senator from Texas.

Mrs. HUTCHISON. We will also yield

back our time, and I will go forward

and close.

REMOVAL OF INJUNCTION OF

fSECRECY

Mrs. HUTCHISON. I ask unanimous

consent that the Injunction of Secrecy

be removed from the extradition treaty

with Hungary (Treaty Document No.

104–5), transmitted to the Senate by

the President today; and the treaty

considered as having been read the first

time; referred, with accompanying papers, to the Committee on Foreign Relations and ordered to be printed; and

ordered that the President’s message

be printed in the RECORD.

The PRESIDING OFFICER. Without

objection, it is so ordered.

The message of the President is as

follows:

To the Senate of the United States:

With a view to receiving the advice

and consent of the Senate to ratification, I transmit herewith the Treaty

Between the Government of the United

States of America and the Government

of the Republic of Hungary on Extradition, signed at Budapest on December

1, 1994. Also transmitted for the information of the Senate is the report of

the Department of State with respect

to this Treaty.

The Treaty is designed to update and

standardize the conditions and procedures for extradition between the United States and Hungary. Most significantly, it substitutes a dual-criminality clause for the current list of extraditable offenses, thereby expanding the

number of crimes for which extradition

can be granted. The Treaty also provides a legal basis for temporarily surrendering prisoners to stand trial for

crimes against the laws of the Requesting State.

The Treaty further represents an important step in combating terrorism by

excluding from the scope of the political offense exception serious offenses

typically committed by terrorists, e.g.,

crimes against a Head of State or first

family member of either Party, aircraft hijacking, aircraft sabotage,

crimes against internationally protected persons, including diplomats,

hostage-taking, narcotics-trafficking,

and other offenses for which the United

States and Hungary have an obligation

to extradite or submit to prosecution

by reason of a multilateral treaty, convention, or other international agreement. The United States and Hungary

also agree to exclude from the political

offense exception major common

crimes, such as murder, kidnapping,

and placing or using explosive devices.

The provisions in this Treaty follow

generally the form and content or extradition treaties recently concluded

by the United States. Upon entry into

force, it will supersede the Convention

for the Mutual Delivery of Criminals,

Fugitives from Justice, in Certain

Cases Between the Government of the

United States of America and the

Austro-Hungarian Empire, signed at

Washington, July 3, 1856, with certain

exceptions.

This Treaty will make a significant

contribution to international cooperation in law enforcement. I recommend

that the Senate give early and favorable consideration to the Treaty and

give its advice and consent to ratification.

WILLIAM J. CLINTON.

THE WHITE H

fOUSE, May 8, 1995.

EXECUTIVE SESSION

EXECUTIVE CALENDAR

Mrs. HUTCHISON. As in executive

session, I ask unanimous consent that

the Senate immediately proceed to the

consideration of the following nominations on the Executive Calendar en

bloc: calendar Nos. 107, 108, 109, 110, 111,

and 112; further, that the nominations

be confirmed en bloc, the motions to

reconsider be laid upon the table en

bloc; that any statements relating to

the nominations appear at the appropriate place in the RECORD, the President be immediately notified of the

Senate’s action, and that the Senate

then return to legislative session.

The PRESIDING OFFICER. Without

objection, it is so ordered.

The nominations considered and confirmed en bloc are as follows:

THE JUDICIARY

Maxine M. Chesney, of California, to be

United States District Judge for the Northern District of California.

Eldon E. Fallon, of Louisiana, to be United

States District Judge for the Eastern District of Louisiana.

Curtis L. Collier, of Tennessee, to be United States District Judge for the Eastern District of Tennessee.

Joseph Robert Goodwin, of West Virginia,

to be United States District Judge for the

Southern District of West Virginia.
May 8, 1995 CONGRESSIONAL RECORD — SENATE S6275

DEPARTMENT OF JUSTICE

Joe Bradley Pigott, of Mississippi, to be

United States Attorney for the Southern

District of Mississippi for the term of four

years.

UNITED STATES INSTITUTE OF PEACE

Harriet M. Zimmerman, of Florida, to be a

Member of the Board of Directors of the

United States Institute of Peace for a term

expiring January 19, 1999.

Mrs. HUTCHISON. What is the pendLEGISLATIVE SESSION

fing business, Mr. President?

The PRESIDING OFFICER. The Senate will now return to legislative session.

COMMONSENSE PRODUCT LIABILITY AND LEGAL REFORM ACT

fThe Senate continued with the consideration of the bill.

The PRESIDING OFFICER. The

pending business is H.R. 956.

Mrs. HUTCHISON. Mr. President, I

CLOTURE MOTION

fsend a cloture motion to the desk.

The PRESIDING OFFICER. The cloture motion having been presented

under rule XXII, the Chair directs the

clerk to read the motion.

The legislative clerk read as follows:

CLOTURE MOTION

We, the undersigned Senators, in accordance with the provisions of rule XXII of the

Standing Rules of the Senate, do hereby

move to bring to a close debate on the

Coverdell substitute amendment to H.R. 956,

the product liability bill.

Bob Dole, Slade Gorton, Pete Domenici,

Frank Murkowski, Spencer Abraham,

Trent Lott, Kay Hutchison, Chuck

Grassley, Rick Santorum, Jay Rockefeller, Larry Pressler, Larry Craig, Don

Nickles, Conrad Burns, Christopher

Mr. NICKLES. Mr. President, I ask

Bond, Bill Frist.

MORNING BUSINESS

funanimous consent that there now be a

period for the transaction of morning

business with Senators permitted to

speak for up to 5 minutes each.

The PRESIDING OFFICER. Without

objection, it is so ordered.

RECOGNITION AND COMMENDAThe Senator from Nebraska.

TION OF THE LAKOTA AND DAfKOTA CODE TALKERS

Mr. KERREY. I ask unanimous consent that the Senate proceed to the immediate consideration of Senate Resolution 116, a resolution to recognize

and commend the Lakota and Dakota

code talkers submitted earlier today by

Senator DASCHLE and Senator PRESSLER.

The PRESIDING OFFICER. Without

objection, it is so ordered. The clerk

will report.

The legislative clerk read as follows:

A resolution (S. Res. 116) recognizing and

commending the Lakota and Dakota Code

Talkers.

The Senate proceeded to consider the

resolution.

Mrs. HUTCHISON. I ask unanimous

consent that the resolution and preamble be agreed to en bloc, and the motion to reconsider be laid on the table;

that any statements appear in the

RECORD as if read.

The PRESIDING OFFICER. Without

objection, it is so ordered.

Mr. DASCHLE. Mr. President, today,

as we celebrate the 50th anniversary of

V–E Day, I am proud to submit a resolution honoring a special group of

World War II veterans, the code talkers

of the Lakota and Dakota tribes.

In the early days of World War II,

American radio codes were continually

being broken by Japanese cryptographers, placing American lives at

great risk.

That changed with the code talkers,

who used their native American Indian

languages to communicate and relay

critical communications. It was a code

the Japanese could not decipher.

The heroic efforts of the Lakota and

Dakota code talkers saved many lives.

And it was just one of the many ways

in which native Americans served their

Nation with great honor and distinction and valor during World War II.

On December 1941, there were approximately 5,000 American Indians in

the armed service. By the end of the

war, more than 44,500 American Indians

served in uniform. Indeed, more than 10

percent of all native Americans, alive

at the time served in World War II.

In 1982, Congress and a Presidential

proclamation recognized the heroic

contributions of the Navajo code talkers and their communication efforts

during World War II. Today, let us also

recognize the patriotic efforts of the

Lakota code talkers who served in the

same line of duty.

And let us say to them

‘‘pilamayapelo,’’ thank you.

I yield the floor.

So the resolution was agreed to.

The preamble was agreed to.

The resolution (S. Res. 116), with its

premable, is as follows:

S. RES. 116

Whereas the Lakota and Dakota Code

Talkers, Native Americans who were members of the Sioux Nation, worked in radio

communications during World War II and

used their Lakota and Dakota languages to

relay communications;

Whereas Japanese cryptologists never deciphered the Native American languages that

were used as codes during World War II, including the Lakota and Dakota languages;

and

Whereas the Lakota an Dakota Code Talkers deserve to be recognized for their contribution to the successful resolution of the

war effort in the Pacific: Now, therefore, be

it

Resolved, That the Senate recognizes and

commends the Lakota and Dakota Code

Talkers for their invaluable contribution to

the successful resolution of World War II.

A SALUTE TO GLEN LEE FOR HIS

33-YEAR CAREER

Mr. HELMS. Mr. President, B. Glen

Lee retired the other day, and just

about everybody who ever had dealings

with the gentleman will testify that

for 33 years he was a worthy public

servant—which is just about the best

monument to any public servant.

Glen Lee is indeed admired by his fellow citizens. It was Hawthorne who asserted years ago that nobody who

needs a monument ever ought to have

one.

Glen Lee does not need a monument,

but he deserves the one he has.

Mr. President, B. Glen Lee’s career

was devoted to his diligent work with

and for the U.S. Department of Agriculture. He was Deputy Administrator

of the USDA’s Plant Protection and

Quarantine Program—a part of the Department’s Health Inspection Service.

In that capacity, Mr. Lee served so well

that last year he was 1 of 6 winners of

the 1994 Executive Excellence Award

presented by the Professional Development League.

And, Mr. President, in that connection he was singled out for praise for

having persuaded the Peoples’ Republic

of China to allow the entry of United

States apples and other produce.

Glen Lee was graduated from N.C.

State University in 1962 and began his

career as an inspector in the Plant

Pest Control Division of the Ag Research Division in North Carolina. His

retirement rolled around while he was

serving as the top plant protection official in the United States.

He served the American people well.

Mr. BIDEN. Mr. President, I rise

THE MOSCOW SUMMIT

ftoday to praise President Clinton for

his determination to push forward our

national agenda with the Russians at

this week’s summit in Moscow.

It is no secret that recently several

items of dispute have arisen to cloud

the relationship between Russia and

the United States. In response, there

have been scattered voices calling on

the President to cancel his trip.

Mr. President, such a course would

have been a profound mistake, and I

am gratified that our President had the

wisdom and maturity to stay the

course. Russia, both in spite of and because of her current difficulties, remains fundamentally important to this

country. We must remain engaged with

the world’s other major nuclear power

and continue to strive to bring her into

a European security system of democratic countries.

Moreover, British Prime Minister

Major, German Chancellor Kohl, and

French President Mitterrand all will be

attending the ceremonies marking the

50th anniversary of the end of World

War II and honoring the heroic sacrifices that the Russian people made in

the victorious struggle against nazism.

In that context it is unthinkable that