S4722 CONGRESSIONAL RECORD — SENATE June 8, 2000 DASCHLE or his designee, rather than I am honored to be a graduate of The PRESIDING OFFICER. Is there Senator KENNEDY. Providence, as was my father. I have objection? The Senator from Michigan. Mr. WARNER. I thank the distin- fond memories of my years there, as Mr. LEVIN. Mr. President, I would guished Senator. Yesterday I believe my father did in his undergraduate add the following: It is my under- the Senator brought that to my atten- days. standing of the unanimous consent tion and we failed to record it. My Father Smith led this institution agreement that recognition of the statement is so amended by the distin- most admirably during his tenure. We speakers who are listed here with a guished Senator from Nevada. are delighted and honored he is per- fixed period of time, including Senator The PRESIDING OFFICER. Without forming the duties of assistant chap- KERRY, Senator SMITH, Senator SNOWE, objection, it is so ordered. lain here today. I commend him for his and Senator INHOFE, is solely for the LEAVE OF ABSENCE opening prayer. purpose of debate and not for the pur- Mr. REID. Mr. President, on behalf of The Dominican priests are known as pose of offering an amendment. Is the Senator CONRAD, I ask unanimous con- the order of preachers, Mr. President. Senator correct? sent, under rule VI, paragraph 2, he be Certainly Father Smith eloquently dis- The PRESIDING OFFICER. That is permitted to be absent from the service played that historic reputation of the correct. of the Senate today, Thursday, June 8. Dominican order. The lives of the stu- Mr. LEVIN. I thank the Chair. The PRESIDING OFFICER. Without dents who have attended Providence The PRESIDING OFFICER. Without objection, it is so ordered. College have been so admirably altered objection, it is so ordered. Mr. WARNER. Mr. President, I pro- as a result of the education of this Mr. WARNER. I yield the floor. pose to my ranking member that as wonderful institution. I know they join The PRESIDING OFFICER (Mr. soon as we conclude our opening re- me in expressing our gratitude, not BUNNING). The Senator from Massachu- marks, the Senate then recognize the only to Father Smith but the faculty setts. junior Senator from Massachusetts for and administrator and others over the Mr. KERRY. Mr. President, I thank a period of 1 hour; is that correct? years who provided literally thousands the chairman and ranking member for Mr. KERRY. Mr. President, my two of students and families with a wonder- their courtesy and I appreciate the colleagues, the Senator from Con- ful educational opportunity in liberal time of the Senate to be able to discuss necticut and the Senator from Rhode arts, medicine and health, a very di- an issue of extraordinary importance. Island would like to take a moment to verse academic curricula that is of- It is an issue that is contained in this acknowledge our distinguished visiting fered at Providence College. But also bill. It is a line item in this bill of Chaplain this morning. If they could as my colleague from Rhode Island has some $85 million with respect to the just have a moment to do that. adequately and appropriately identi- issue of national missile defense. Mr. WARNER. I am delighted to ac- fied, it is the spiritual leadership as President Clinton has just returned commodate them in that fashion. well which we appreciate immensely. from his first meeting with the new The PRESIDING OFFICER. The Sen- It is truly an honor to welcome Fa- Russian President, Vladimir Putin, and ator from Rhode Island. ther Smith to this Chamber, to thank arms control dominated their agenda, f him for his words, and to wish him and in particular, the plan of the United GREETINGS TO REV. PHILIP A. the entire family of Providence College States to deploy a limited national de- SMITH the very best in the years to come. fense system, which would require The PRESIDING OFFICER. The Sen- Mr. REED. Mr. President, I am de- amending the 1972 ABM Treaty. Russia ator from Virginia. is still strongly opposed to changing lighted to welcome Father Philip f Smith, the president of Providence Col- that treaty, and I think we can all ex- lege, our guest Chaplain. NATIONAL DEFENSE AUTHORIZA- pect this will continue to be an issue of Providence College is an extraor- TION ACT FOR FISCAL YEAR great discussion between the United dinary institution in my home State of 2001—Continued States and Russia in the months and possibly years to come. Rhode Island. It is a place where many Mr. WARNER. Mr. President, for the As I said, in the Senate today, this of my neighbors and friends have been information of the Senate, I would like defense bill authorizes funding for the educated. More than that, it has been a to pose a unanimous consent request construction of the national missile de- source of strength, purpose, and inspi- with regard to the sequencing of speak- fense initial deployment facilities. Re- ration for the whole community. Fa- ers. ther Smith is the 11th president of We have the distinguished Senator gretfully, we do not always have the Providence College and has been a from Massachusetts who has, under a time in the Senate to lay out policy paramount leader both for his institu- previous order, 1 hour. I suggest he be considerations in a thorough, quiet, tion and for the State of Rhode Island. the first and lead off this morning, fol- and thoughtful way, and I will try to Providence College is a Dominican lowed by the distinguished Senator do that this morning. The question of college, a college committed to not from Maine, the chair of the Senate whether, when, and how the United only developing the minds but the Seapower Subcommittee, and that States should deploy a defense against character of its students. Its leader is a would be for a period of 30 minutes ballistic missiles is, in fact, complex— theologian, a scholar, and a leader in thereafter. Following that, the distin- tremendously complex. I want to take his own right. His leadership is not guished ranking member and I have some time today to walk through the simply intellectual; he is a leader of in- some 30 cleared amendments which we issues that are involved in that debate tegrity and of commitment. will offer to the Senate following these and to lay bare the implications it will Rhode Island is proud of Providence two sets of remarks. have for the national security of the College, and particularly proud of the Then Senator SMITH; as soon as I can United States. president of Providence College, Rev. reach him, I will sequence him in. No American leader can dismiss an Philip Smith. It was an honor to have I just inform the Senate I will be idea that might protect American citi- him in the Chamber today to lead us in seeking recognition to offer an amend- zens from a legitimate threat. If there prayer. I thank him and I commend ment on behalf of Senator DODD and is a real potential of a rogue nation, as him. I wish him well. myself, and I will acquaint the ranking we call them, firing a few missiles at I yield the floor. member with the text of that amend- any city in the United States, respon- The PRESIDING OFFICER. The Sen- ment shortly. sible leadership requires that we make ator from Connecticut. Just for the moment, the unanimous our best, most thoughtful efforts to de- Mr. DODD. Mr. President, at this consent request is the Senator from fend against that threat. The same is juncture I ought to ask to associate Massachusetts, followed by the Senator true of the potential threat of acci- myself with the remarks of the distin- from Maine followed by a period of dental launch. If ever either of these guished Senator from Rhode Island. He time, probably not to exceed 30 min- things happened, no leader could ex- has spoken eloquently about Father utes, for the ranking member and my- plain away not having chosen to defend Philip Smith and his wonderful leader- self to deal with some 30-odd amend- against such a disaster when doing so ship at Providence College. ments. made sense. June 8, 2000 CONGRESSIONAL RECORD — SENATE S4723 The questions before us now are sev- we confront the emerging ballistic mis- To begin, it is critical to note that eral. Does it make sense to deploy a sile threat. both the Rumsfeld Commission and the national missile defense now, unilater- Even as we have made progress with National Intelligence Estimate adopted ally, if the result might be to put Russia on reducing our cold war arse- new standards for assessing the bal- America at even greater risk? Do we nals, ballistic missile technology has listic missile threat in response to po- have more time to work with allies and spread, and the threat to the United litical pressures from the Congress. others to find a mutually acceptable, States from rogue powers, so-called, The 1995 NIE was viciously criticized nonthreatening way of proceeding? has grown. The July 1998 Rumsfeld re- for underestimating the threat from Have the threats to which we are re- port found that the threat from devel- rogue missile programs. Some in Con- sponding been exaggerated, and are oping ballistic missile states, espe- gress accused the administration of de- they more defined by politics than by cially North Korea, Iran, and Iraq, is liberately downplaying the threat to genuine threat assessment and sci- developing faster than expected and undermine their call for a national entific fact? Have we sufficiently ex- could pose an imminent threat to the missile defense. plored various technologies and archi- U.S. homeland in the next 5 years. To get the answer that they were tectures so we are proceeding in the That conclusion was reinforced just 1 looking for, the Congress then estab- most thoughtful and effective way? month later when North Korea tested a lished the Rumsfeld Commission to re- The President has set out four cri- three-stage Taepo Dong-1 missile, view the threat. Now, that commission teria on which he will base his decision launching it over Japan and raising was made up of some of the best minds to deploy an NMD: The status of the tensions in the region. While the mis- in U.S. defense policy—both supporters threat, the status and effectiveness of sile’s third stage failed, the test con- and skeptics of national missile de- the proposed system’s technology, the firmed that North Korea’s program for fense. I do not suggest the commis- cost of the system, and the likely im- long-range missiles is advancing to- sion’s report was somehow fixed. These pact of deploying such a system on the wards an ICBM capability that could are people who have devoted their lives overall strategic environment and U.S. ultimately—and I stress ultimately— in honorable service to their country. arms control efforts in general. In my threaten the United States, as surely The report reflects no less than their judgment, at this point in time none of as its shorter range missiles threaten best assessment of the threat. these criteria are met to satisfaction. our troops and our allies in the region But in reaching the conclusions that While the threat from developing today. have alarmed so many about the imme- missile programs has emerged more A 1999 national intelligence estimate diacy of the threat, we must respon- quickly than we expected, I do not be- on the ballistic missile threat found sibly take note of the fact that the lieve it justifies a rush to action on the that in addition to the continuing commission did depart from the stand- proposed defensive system, which is far threat from Russia and China, the ards that we had traditionally used to from technologically sound and will United States faces a developing threat measure the threat. probably not even provide the appro- from North Korea, Iran, and Iraq. First, the commission reduced the priate response to the threat as it con- In addition to the possibility that range of ballistic missiles that we con- tinues to develop. More importantly, a North Korea might convert the Taepo sider to be a threat from missiles that unilateral decision of the United States Dong-1 missile into an inaccurate can reach the continental United to deploy an NMD system could under- ICBM capable of carrying a light pay- States to those that can only reach Ha- mine global strategic stability, damage load to the United States, the report waii and Alaska. our relationship with key allies in Eu- found that North Korea could I think this is a minor distinction be- rope and Asia, and weaken our con- weaponize the larger Taepo Dong-2 to cause, as I said earlier, no responsible tinuing efforts to reduce the nuclear deliver a crude nuclear weapon to leader is going to suggest that you danger. American shores, and it could do so at should leave Americans in Hawaii or Turning first to the issue of the any time, with little warning. The NIE Alaska exposed to attack. But cer- threat that we face, this question de- also found that, in the next 15 years, tainly the only reason to hit Hawaii or serves far greater scrutiny than it has Iran could test an ICBM capable of car- Alaska, if you have very few weapons thus far received. I hear a number of rying a nuclear weapon to the United measured against other targets, is to colleagues, the State Department, and States—and certainly to our allies in wreak terror. And insomuch as that is others, saying: Oh, yes, the threat ex- Europe and the Middle East—and that the only reason, one has to factor that ists. Indeed, to some degree the threat Iraq may be able to do the same in a into the threat analysis in ways they does exist. But it is important for us to slightly longer time frame. did not. examine to what degree. Recently, the The picture of the evolving threat to Secondly, it shortened the time pe- decades-long debate on the issue of de- the United States from ballistic mis- riod for considering a developing pro- ploying an NMD has taken on bipar- sile programs in hostile nations has gram to be a threat from the old stand- tisan relevance as the threat of a rogue changed minds in the Senate about the ard which measured when a program ballistic missile program has in- necessity of developing and testing a could actually be deployed to a new creased. national missile defense. It has standard of when it was simply tested. I want to be very clear. At this point, changed my mind about what might be Again, I would be willing to concede I support the deployment, in coopera- appropriate to think about and to test this as a minor distinction because if a tion with our friends and allies, of a and develop. nation were to be intent on using one limited, effective National Missile De- If Americans in Alaska or Hawaii of these weapons, it might not wait to fense System aimed at containing the must face this threat, however uncer- meet the stringent testing require- threat from small rogue ballistic mis- tain, I do not believe someone in public ments that we usually try to meet be- sile programs or the odd, accidental, or life can responsibly tell them: We will fore deploying a new system. It could unauthorized launch from a major not look at or take steps to protect just test a missile, see that it works, power. But I do not believe the United you. and make plans to use it. States should attempt to unilaterally But as we confront the technological These changes are relatively minor, deploy a National Missile Defense Sys- challenges and the political ramifica- but they need to be acknowledged and tem aimed at altering the strategic tions of developing and deploying a na- factored into the overall discussion. balance. We have made tremendous tional missile defense, we are com- But the third change which needs to progress over the last two decades in pelled to take a closer look at the be factored in is not insignificant be- reducing the threat from weapons of threat we are rushing to meet. I believe cause both the Rumsfeld Commission mass destruction through bilateral the missile threat from North Korea, and the 1999 NIE abandoned the old strategic reductions with Russia and Iran, and Iraq is real but not immi- standard of assessing the likelihood multilateral arms control agreements nent, and that we confront today much that a nation would use its missile ca- such as the Chemical Weapons Conven- greater, much more immediate dan- pacity in favor of a new standard of tion. We simply cannot allow these ef- gers, from which national missile de- whether a nation simply has the rel- forts to be undermined in any way as fense cannot and will not protect us. evant capacity for a missile attack, S4724 CONGRESSIONAL RECORD — SENATE June 8, 2000 with no analysis whatsoever of the and North Korea, initiated by former a crowded subway, or sending a crude other factors that go into a decision to Secretary of Defense William Perry nuclear weapon into a busy harbor. actually put that capability to use. during the height of this crisis, con- An NMD system will not protect This is tremendously important be- tinues today. It aims to verifiably American citizens from any of these cause, as we know from the cold war, freeze Pyongyang’s missile programs more immediate and more realistic threat is more than simply a function and end 50 years of North Korea’s eco- threats. of capability; it is a function of atten- nomic isolation. Finally, on the issue of the missile tion and other political and military Acknowledging that these political threat we are confronting, I remain considerations. Through diplomacy and developments can have an important deeply concerned about Russia’s com- deterrence, the United States can alter impact on the threat, the intelligence mand and control over its nuclear the intentions of nations that pursue community, according to a May 19 arti- forces. Russia has more than 6,000 stra- ballistic missile programs and so alter cle in the Los Angeles Times, will re- tegic missiles armed with nuclear war- the threat they pose to us. flect in its forthcoming NIE that the heads. Maintaining these missiles on This is not simply wishful thinking. threat from North Korea’s missile pro- high alert significantly increases the There are many examples today of na- gram has eased since last fall. And if it threat of an accidental or an unauthor- tions who possess the technical capac- has eased since last fall, indeed, we ized launch. In 1995, the Russian mili- ity to attack the United States, but should be thinking about the urgency tary misidentified a U.S. weather rock- whom we do not consider a threat. of decisions we make that may have a et launched from Norway as a possible India and Pakistan have made dra- profound impact on the overall balance attack on the Russian Federation. matic progress in developing medium- of power. With Russia’s strategic forces already range ballistic missile programs. But In short, even as we remain clear- on high-alert, President Yelstin and his the intelligence community does not eyed about the threat these nations advisors had just minutes to decide consider India and Pakistan to pose a pose to American interests, we must whether to launch a retaliatory strike threat to U.S. interests. Their missile not look at the danger as somehow pre- on the United States. And yet, in an ef- capacity alone does not translate into ordained or unavoidable. fort to reassure Russia that the pro- a threat because they do not hold ag- In cooperation with our friends and posed missile defense will not prompt gressive intentions against us. allies, we must vigorously implore the an American first strike, the adminis- Clearly, North Korea, Iran, and Iraq tools of diplomacy to reduce the tration seems to be encouraging Russia are hostile to us, and our ability to use threat. We must redouble our efforts to to, in fact, maintain its strategic diplomacy to reduce the threat they stop the proliferation of these deadly forces on high alert to allow for a pose will be limited. But having the ca- weapons. We cannot just dismiss the quick, annihilating counterattack that pacity to reach us and an animosity to- importance of U.S. military deter- would overwhelm the proposed limited wards us does not automatically trans- rence. defense they are offering. late into the intention to use weapons Only madmen, only the most pro- In effect, in order to deploy the sys- of mass destruction against us. foundly detached madmen, bent on tem the administration is currently de- In the 40 years that we faced the self-destruction, would launch a mis- fining, they are prepared to have Rus- former Soviet Union, with the raw ca- sile against U.S. soil, which obviously sia, maintain with a bad command-and- pability to destroy each other, neither would invite the most swift and dev- control system weapons on hair trigger side resorted to using its arsenal of astating response. One or two or three or targeted in order to maintain the missiles. Why not? Because even in pe- missiles fired by North Korea or Iraq balance. In sum, the threat from rogue missile riods of intense animosity and tension, would leave a clear address of who the programs is neither as imminent nor is under the most unpredictable and iso- sender was, and there is no question as mutable as some have argued. We lated of regimes, political and military that the United States would have the have time to use the diplomatic tools deterrence has a powerful determining ability to eliminate them from the face at our disposal to try to alter the polit- effect on a nation’s decision to use of this planet. All people would recog- ical calculation that any nation might force. We have already seen this at nize that as an immediate and legiti- make before it decided to use ballistic work in our efforts to contain North mate response. missile capacity. Korea’s nuclear and missile programs. My second major concern about the Moreover, the United States faces We saw it at work in the gulf war when current debate over the missile threat other, more immediate threats that Saddam Hussein was deterred from is that it does nothing to address will not be met by an NMD. To meet using his weapons of mass destruction equally dangerous but more immediate the full range of threats to our na- by the sure promise of a devastating and more likely threats to U.S. inter- tional security, we need to simulta- response from the United States. ests. neously address the emerging threat During the summer of 1999, intel- For one, U.S. troops and U.S. allies from the rogue ballistic missile pro- ligence reports indicated that North today confront the menace of theater gram, maintain a vigorous defense Korea was preparing the first test- ballistic missiles, capable of delivering against theater ballistic missiles and launch of the Taepo Dong-2. Regional chemical or biological weapons. We acts of terrorism, and avoid actions tensions rose, as Japan, South Korea saw during the gulf war how important that would undermine the strategic and the United States warned theater missile defense is to maintain- stability we have fought so hard to es- Pyongyang that it would face serious ing allied unity and enabling our tablish. consequences if it went ahead with an- troops to focus on their mission. We Let me speak for a moment now other long-range missile launch. The must continue to push this technology about the technology. In making his test was indefinitely delayed, for ‘‘po- forward regardless of whether we de- deployment decision, the President litical reasons,’’ which no doubt in- ploy an NMD system. will also consider the technological cluded U.S. military deterrence and the The American people also face the readiness and effectiveness of the pro- robust diplomatic efforts by the United very real threat of terrorist attack. posed system. Again, I have grave con- States and its key allies in the region. The 1999 State Department report on cerns that we are sacrificing careful Threatening to cut off nearly $1 bil- Patterns of Global Terrorism shows technical development of this system lion of food assistance and KEDO fund- that while the threat of state-spon- to meet an artificial deadline, and, ing to North Korea should the test go sored terrorism against the U.S. is de- may I say, those concerns are shared forward, while also holding out the pos- clining, the threat from nonstate ac- by people far more expert than I am. sibility of easing economic sanctions if tors, who increasingly have access to Moreover, even if the proposed system the test were called off, helped South chemical and biological weapons, and were to work as planned, I am not con- Korea, Japan and the United States possibly even small nuclear devices, is vinced it would provide the most effec- make the case to Pyongyang that its growing. These terrorist groups are tive defense against a developing mis- interests would be better served most likely to attack us covertly, sile threat. through restraint. An unprecedented quietly slipping explosives into a build- Let’s look for a moment at the sys- dialogue between the United States ing, unleashing chemical weapons into tem currently under consideration. The June 8, 2000 CONGRESSIONAL RECORD — SENATE S4725 administration has proposed a limited gets launched from unanticipated loca- The proposed national missile de- system to protect all 50 States against tions or how it would perform over fense is an exo-atmospheric system, small-scale attacks by ICBMs. In the much greater distances and much high- meaning the interceptor is intended to simplest terms, this is a ground-based, er speeds than those at which it has hit the target after the boost phase hit-to-kill system. been tested. when it has left the atmosphere and be- An interceptor fired from American Finally, the question of reliability is fore reentry. An IBM releases its pay- soil must hit the incoming missile di- best answered over time and extensive load immediately after the boost rectly to destroy it. Most of the compo- use of the system. Any program in its phase. If that payload were to consist nents of this system are already devel- developing stages will run into tech- of more than simply one warhead, then oped and are undergoing testing. It will nical glitches, and this program has an interceptor would have more than be deployed in 3 phases and is to be been no different. That does not mean one target with which to contend after completed by about 2010, if the decision the system will not ever work properly, the boost phase. to deploy is made this year. The com- but it does mean we ought to take the The Union of Concerned Scientists pleted system will include 200, 250 time to find out, particularly before we recently published a thorough tech- interceptors deployed in Alaska and do something that upsets the balance nical analysis of three counter- North Dakota, to be complemented by in the ways this may potentially do. measures that would be particularly a sophisticated array of upgraded That is one more reason to postpone well suited to overwhelming this kind early-warning radars and satellite- the deployment decision, to give the of system, chemical and biological based launch detection and tracking President and the Pentagon the oppor- bomblets, antisimulation decoys, and systems. I have two fundamental ques- tunity to conduct a thorough and rig- warhead shrouds. North Korea, Iran, tions about this proposed system: Will orous testing program. and Iraq are all believed to have pro- the technology work as intended, and This recommendation is not made in grams capable of weaponizing chemical is the system the most appropriate and a vacuum. Two independent reviews and biological weapons which are effective defense against this defined have reached a similar conclusion cheaper and easier to acquire than the threat? about the risks of rushing to deploy- most rudimentary nuclear warhead. There are three components to con- ment. In February of 1998, a Pentagon The most effective means of deliv- sider in answering the first question: panel led by former Air Force Chief of ering a CBW, a chemical-biological The technology’s ability to function at Staff Gen. Larry Welch, characterized warfare warhead on a ballistic missile, the most basic level, its operational ef- the truncated testing program as a is not to deploy one large warhead fectiveness against real world threats, ‘‘rush to failure.’’ The panel’s second filled with the agent but to divide it up and its reliability. report recommended delaying the deci- into as many as 100 submunitions, or I do not believe the compressed test- sion to deploy until 2003 at the earliest bomblets. There are few technical bar- ing program and decision deadline per- to allow key program elements to be riers to weaponizing CBW this way, and mit us to come close to drawing defini- fully tested and proven. The concerns it allows the agents to be dispersed tive conclusions about those three fun- of the Welch Panel were reinforced by over a large area, inflicting maximum damental elements of readiness. the release in February 2000 of a report casualties. Because the limited NMD In a Deployment Readiness Review by the Defense Department’s office of system will not be able to intercept a scheduled for late July of this year, the operational test and evaluation missile before the bomblets are dis- Pentagon will assess the system, large- (DOT&E). persed, it could quickly be overpowered ly on the results of three intercept The Coyle report decried the undue by just three incoming missiles armed tests. The first of these in October of pressure being applied to the national with bomblets—and that is assuming 1999 was initially hailed as a success missile defense testing program and every interceptor hit its target. Just because the interceptor did hit the tar- warned that rushing through testing to one missile carrying 100 targets would get, but then, on further examination, meet artificial decision deadlines has pose a formidable challenge to the sys- the Pentagon conceded that the inter- ‘‘historically resulted in a negative ef- tem being designed with possibly dev- ceptor had initially been confused, it fect on virtually every troubled DOD astating effects. had drifted off course, ultimately head- development program.’’ The Report The exo-atmospheric system is also ing for the decoy balloon, and possibly recommended that the Pentagon post- vulnerable to missiles carrying nuclear striking the dummy warhead only by pone its Deployment Readiness Review warheads armed with decoys. Using accident. That is test No. 1. to allow for a thorough analysis and antisimulation, an attacker would dis- The second test in January of 2000 clear understanding of the results of guise the nuclear warhead to look like failed because of a sensor coolant leak. the third intercept test (now scheduled a decoy by placing it in a lightweight The third test has not even taken for early July), which will be the first balloon and releasing it along with a place yet. The third test, initially ‘‘integrated systems’’ test of all the large number of similar but empty bal- planned for April 2000, was postponed components except the booster. loons. Using simple technology to raise until late June and has recently been The scientific community is con- the temperature in all of the balloons, postponed again. It is expected in early cerned about more than the risks of a the attacker could make the balloon July, just a few weeks before the Pen- shortened testing program. The best containing the warhead indistinguish- tagon review. scientific minds in America have begun able to infrared radar from the empty To begin with, after two tests, nei- to warn that even if the technology balloons, forcing the defensive system ther satisfactory, it is still unclear functions as planned, the system could to shoot down every balloon in order to whether the system will function at a be defeated by relatively simple coun- ensure that the warhead is destroyed. basic level under the most favorable termeasures. The 1999 NIE that ad- By deploying a large number of bal- conditions. Even if the next test is a dressed the ballistic missile threat con- loons, an attacker could easily over- resounding success, I fail to see how cluded that the same nations that are whelm a limited national missile de- that would be enough to convince peo- developing long-range ballistic missile fense system. Alternately, by covering ple we have thoroughly vetted the po- systems could develop or buy counter- the warhead with a shroud cooled by tential problems of a system. measure technologies by the time they liquid nitrogen, an attacker could re- On the second issue of whether the are ready to deploy their missile sys- duce the warhead’s infrared radiation system will be operationally effective, tems. by a factor of at least 1 million, mak- we have very little information on Just think, we could expend billions ing it incredibly difficult for the sys- which to proceed. We have not yet had of dollars, we could upset the strategic tem’s sensors to detect the warhead in an opportunity to test operational balance, we could initiate a new arms time to hit it. versions of the components in anything race, and we could not even get a sys- I have only touched very cursorily on such as the environment they would tem that withstands remarkably sim- the simplest countermeasures that face in a real defensive engagement. ple, inexpensive countermeasures. Now, could be available to an attacker with We are only guessing at this point how there is a stroke of brilliant strategic ballistic missiles, but I believe this dis- well the system would respond to tar- thinking. cussion raises serious questions about S4726 CONGRESSIONAL RECORD — SENATE June 8, 2000 a major operational vulnerability in Without much faster intercept missiles ing this threat somehow makes us safe the proposed system and about whether than are currently available, the sys- from the myriad other threats that we this system is the best response to the tem would not be able to stop a high face. We must not allow the debate threats we are most likely to face in speed ICBM, even in the relatively slow over NMD to hinder our cooperation the years ahead. I don’t believe it is. boost phase. The THAAD system, with Russia, China, and our allies to There is a simpler, more sensible, which continues to face considerable stop the proliferation of WMD and bal- less threatening, more manageable ap- challenges in its demonstration and listic missile technology. In particular, proach to missile defense that deserves testing phases, is also being designed we must remain steadfast in our efforts greater consideration. Rather than to stop ballistic missiles, but it hasn’t to reduce the dangers posed by the pursuing the single-layer exo-atmos- been tested yet against the kinds of enormous weapons arsenal of the pheric system, I believe we should high speeds of an ICBM. former Soviet Union. Continued Rus- focus our research efforts on devel- Which raises the second obstacle to sian cooperation with the expanded oping a forward-deployed, boost phase deploying this system: the current in- Comprehensive Threat Reduction pro- intercept system. Such a system would terpretation of the ABM Treaty, as em- grams will have a far greater impact on build on the current technology of the bodied in the 1997 demarcation agree- America’s safety from weapons of mass Army’s land-based theater high alti- ments between Russia and the United destruction than deploying an NMD tude air defense, THAAD, and the States, does not allow us to test or de- system. We must not sacrifice the one Navy’s sea-based theaterwide defense ploy a theater ballistic missile system for the other. system to provide forward-deployed de- capable of shooting down an ICBM. I Let me go to the final of the four fenses against both theater ballistic will address this issue a little more in considerations the President has set missile threats and long-range ballistic a moment, but let me say that I am forward because I believe that a unilat- missile threats in their boost phase. deeply disturbed by the notion that we eral decision to deploy a national mis- The Navy already deploys the Aegis should withdraw from the ABM Treaty sile defense system would have a disas- fleet air defense system. An upgraded and unilaterally deploy an ABM sys- trous effect on the international stra- version of this sea-based system could tem, particularly the kind of system I tegic and political environment. It be stationed off the coast of North have defined that may not do the job. could destabilize our already difficult relationships with Russia and China Korea or in the Mediterranean or in In the long run, such a move would un- and undermine our allies’ confidence in the Persian Gulf to shoot down an dermine U.S. security rather than ad- the reliability of the U.S. defensive ICBM in its earliest and slowest stage. vance it. It is possible—and I believe commitment. It would jeopardize cur- The ground-based THAAD system necessary—to reach an agreement with rent hard fought arms control agree- could be similarly adapted to meet the Russia on changes to the ABM Treaty ments, and it could erode more than 40 long-range and theater ballistic missile that would allow us to deploy an effec- years of U.S. leadership on arms con- threats. Because these systems would tive limited defense system such as I trol. target a missile in its boost phase, they have described. In fact, President Putin The administration clearly under- would eliminate the current system’s hinted quite openly at the potential for stands the dangers of a unilateral U.S. vulnerability to countermeasures. This that kind of an agreement being deployment. President Clinton was not approach could also be more narrowly reached. I commend the President for able to reach agreement with the Rus- targeted at specific threats and it working hard to reach an agreement sian President, but he has made could be used to extend ballistic mis- with Russia that will allow us both to progress in convincing the Russian sile protection to U.S. allies and to our deploy in an intelligent and mutual leadership that the ballistic missile troops in the field. way that does not upset the balance. threat is real. To be clear, I don’t sup- As Dick Garwin, an expert on missile I want to briefly address the issue of port the administration’s current pro- defense and a member of the Rumsfeld cost, which I find to be the least prob- posal, but I do support its effort to Commission has so aptly argued, the lematic of the four criterion under con- work out with Russia this important key advantage to the mobile forward- sideration. Those who oppose the idea issue. The next administration needs to deployed missile defense system is that of a missile defense point to the fact complete that task, if we cannot do it rather than having to create an impen- that, in the last forty years, the United in the next months. etrable umbrella over the entire U.S. States has spent roughly $120 billion While simply declaring our intent to territory, it would only require us to trying to develop an effective defense deploy a system does not constitute an put an impenetrable lid over the much against ballistic missiles. And because abrogation of the ABM Treaty, it sure- smaller territory of an identified rogue this tremendous investment has still ly signals that the U.S. withdrawal nation or in a location where there is not yielded definitive results, they from the treaty is imminent. the potential for an accidental launch. argue that we should abandon the ef- Mr. President, the first casualty of A targeted system, by explicitly ad- fort before pouring additional re- such a declaration would be START II. dressing specific threats, would be sources into it. Article 2 paragraph 2 of the Russian in- much less destabilizing than a system I disagree. I believe that we can cer- strument of ratification gives Russia designed only to protect U.S. soil. It tainly afford to devote a small portion the right to withdraw from START II if would reassure Russia that we do not of the Defense budget to develop a the U.S. withdraws from or violates the intend to undermine its nuclear deter- workable national missile defense. The 1972 ABM Treaty. Russia would also rent, and it would enable Russia and projected cost of doing so varies—from probably stop implementation of the United States to continue to re- roughly $4 billion to develop a boost- START I, as well as cooperation with duce and to secure our remaining stra- phase system that would build on ex- our comprehensive threat reduction tegic arsenals. It would reassure U.S. isting defenses to an estimated $60 bil- program. I don’t have time at this mo- allies that they will not be left vulner- lion to deploy the three-phased ground- ment to go through the full picture of able to missile threats and that they based system currently under consider- the threat reduction problems. But suf- need not consider deploying nuclear de- ation by the Administration. These es- fice it to say that really the most im- terrents of their own. In short, this al- timates will probably be revised up- mediate and urgent threat the United ternative approach could do what the ward as we confront the inevitable States faces are the numbers of weap- proposed national defense system will technology challenges and delays. But, ons on Russian soil with a command not do: It will make us safer. spread out over the next 5 to 10 years, and control system that is increasingly There are two major obstacles to de- I believe we can well afford this rel- degraded, and the single highest pri- ploying a boost phase system, but I be- atively modest investment in Amer- ority of the United States now is keep- lieve both of those obstacles can and ica’s security, provided that our re- ing the comprehensive threat reduction must be overcome. First, the tech- search efforts focus on developing a re- program on target. To lose that by a nology is not yet there. The Navy’s alistic response to the emerging threat. unilateral statement of our intention theaterwide defense system was de- My only real concern about the cost to proceed would be one of the most signed to shoot down cruise missiles of developing a national missile de- dramatic losses of the last 40 to 50 and other threats to U.S. warships. fense is in the perception that address- years. June 8, 2000 CONGRESSIONAL RECORD — SENATE S4727 So continued cooperation with Rus- message that the security of the Amer- lowed 1 year later. In 1957, the Soviets sia on these arms control programs is ican people is becoming decoupled from beat us, for the one time, and launched critical. Furthermore, no matter how that of our allies. In Asia, both South the first satellite into orbit and per- transparent we are with Russia about Korea and Japan have the capability to fected the first ICBM. We followed suit the intent and capabilities of the pro- deploy nuclear programs of their own. within 12 months. In 1960, the United posed system, Russia’s military leader- Neither has done so, in part, because States fired the first submarine- ship will interpret a unilateral deploy- both have great confidence in the in- launched ballistic missile. The Soviets ment as a direct threat to their deter- tegrity the U.S. security guarantees followed in 1968. In 1964, we developed rence capacity. And while Russia and in the U.S. nuclear umbrella that the first multiple warhead missile and doesn’t have the economic strength extends over them. They also believe reentry vehicle; we tested the first today to significantly enhance its mili- that, while China does aspire to be a MIRV. The Soviets MIRVed in 1973, and tary capabilities, there are clear exam- regional power, the threat it poses is so on, throughout the cold war, up ples of Russia’s capacity to wield for- best addressed through engagement until the point that we made a dif- midable military power when it wants. and efforts to anchor China in the ferent decision—the ABM Treaty and We must not allow a unilateral NMD international community. Both of reducing the level of nuclear weapons. deployment to provoke the Russian these assumptions would be under- The rationale for testing and deploy- people into setting aside the difficult mined by a unilateral U.S. NMD de- ing a missile defense is to make Amer- but necessary tasks of democratization ployment. ica and the world safer. It is to defend and economic reform in a vain effort to First, our ironclad security guaran- against a threat, however realistic, of a return to Russia’s days of military tees will be perceived by the Japanese, rogue state/terrorist launch of an glory. by the South Koreans, and others, as ICBM, or an accidental launch. No one Finally, with regard to Russia, a uni- somewhat rusty if we pursue a current has been openly suggesting a public ra- tionale at this time of a defense lateral deployment by the United NMD proposal to create a shield over against any and all missiles, such as States would jeopardize our coopera- the U.S. territory. U.S. cities would no the original Star Wars envisioned, but tion on a whole range of significant longer be vulnerable to the same some have not given up on that dream. issues. However imperfect it is, U.S.- threats from North Korea that Seoul It is, in fact, the intensity and tenacity Russian cooperation will continue to and Tokyo would continue to face. And of their continued advocacy for such a be important on matters from stopping so they would say: Well, there is a de- system that drives other people’s fears Teheran’s proliferation efforts and con- coupling; we don’t feel as safe as we of what the U.S. may be up to and taining Iraq’s weapons programs to did. Maybe now we have to make deci- which significantly complicates the promoting stability in the Balkans. sions to nuclearize ourselves in order test of selling even a limited and legiti- While the impact of a limited U.S. to guarantee our own safety. mately restrained architecture. system on Russian security consider- China’s response to a unilateral U.S. Mr. President, in diplomacy—as in ations would be largely perceptual, at NMD will make it, at least in the short life—other nations and other people least as long as that system remains term, a far greater threat to regional make policies based not only on real limited, its impact on China’s strategic stability than it poses today. If South fears, or legitimate reactions to an ad- posture is real and immediate. China Korea and Japan change their percep- vocacy/nonfriend’s actions, but they today has roughly 20-plus long-range tions both of the threat they face and also make choices based on perceived missiles. The proposed system would of U.S. willingness to protect them, fears—on worst case scenarios defined undermine China’s strategic deterrent they then could both be motivated to to their leaders by experts. We do the as surely as it would contain the threat explore independent means of boosting same thing. from North Korea. And that poses a their defenses. Then it becomes a world The problem with unilaterally de- problem because, unlike North Korea, of greater tensions, not lesser tensions. ployed defense architecture is that China has the financial resources to It becomes a world of greater hair-trig- other nations may see intentions and build a much larger arsenal. ger capacity, not greater safety-lock long-term possibilities that negatively The Pentagon believes it is likely capacity. affect their sense of security, just as it that China will increase the number Our European allies have expressed did throughout the cold war. For in- and sophistication of its long-range the same concerns about decoupling as stance, a system that today is limited, missiles just as part of its overall mili- I have expressed about Asia. We cer- but exclusively controlled by us and tary modernization effort, regardless of tainly cannot dismiss the calculations exclusively within our technological what we do on NMD. But as with Rus- that Great Britain, France, and Ger- capacity is a system that they perceive sia, if an NMD decision is made with- many will make about the impact of could be expanded and distributed at out consultation with China, the lead- the U.S. NMD system. But I believe any time in the future to completely ership in Beijing will perceive the de- their concerns hinge largely on the af- alter the balance of power—the balance ployment as at least partially directed fect a unilateral decision would have of terror as we have thought of it. That at them. And given the recent strain in on Russia, concerns that would be may sound terrific to us and even be U.S.-China relations and uncertainty greatly ameliorated if we make the good for us for a short period of time— in the Taiwan Strait, the vital U.S. na- NMD decision with Russia’s coopera- but every lesson of the arms race for tional interest in maintaining stability tion. the last 55 years shows that the advan- in the Pacific would, in fact, be greatly Finally, much has been made of the tage is short lived, the effect is simply undermined by such a decision made impact a U.S. national missile defense to require everyone to build more too rashly. system would have and what it would weapons at extraordinary expense, and Nobody understands the destabilizing do to the international arms control the advantage is inevitably wiped out effect of a unilateral U.S. NMD deci- regime. For all of the reasons I have with the world becoming a more dan- sion better than our allies in Europe just discussed, a unilateral decision gerous place in the meantime. That is and in the Pacific. The steps that Rus- would greatly damage U.S. security in- precisely why the ABM treaty was ne- sia and China would take to address terests. I want to repeat that. It will, gotiated—to try to limit the unbridled their insecurities about the U.S. sys- in fact, damage U.S. security interests. competition, stabilize the balance and tem will make their neighbors less se- The history of unilateral steps in ad- create a protocol by which both sides cure. And a new environment of com- vancing strategic weapons shows a could confidently reduce weapons. petition and distrust will undermine very clear pattern of sure response and The negotiation of the ABM Treaty regional stability by impeding coopera- escalation. In 1945, the United States put an end to this cycle of ratcheting tion on proliferation, drug trafficking, exploded the first atomic bomb. The up the strategic danger. After 20 years humanitarian crises, and all the other Soviets followed in 1949. In 1948, we un- of trying to outdo each other—building transnational problems we are con- veiled the first nuclear-armed inter- an increasingly dangerous, increas- fronting together. So I think it is crit- continental bomber. The Soviets fol- ingly unstable strategic environment ical that we find a way to deploy an lowed in 1955. In 1952, we exploded the in the process—we recognized that de- NMD without sending even a hint of a first hydrogen bomb. The Soviets fol- ploying strategic defenses, far from S4728 CONGRESSIONAL RECORD — SENATE June 8, 2000 making us safer, would only invite a limiting the number of interceptors This critical legislation which we are response and an escalation of the dan- that could be deployed and working considering here today, with our dis- ger. There is no reason to believe that with Russia, China, and our allies, so tinguished chairman, and the bipar- a unilateral move by the United States that we move multilaterally, we can tisan support of the ranking member, to alter the strategic balance would maximize the transparency of the sys- Senator LEVIN, the senior Senator from not have the same affect today as it tem, we can strike the right balance Michigan, represents the committee’s had for forty years. At the very least, between meeting new and emerging response to legitimate concerns and it would stop and probably reverse the threats without abandoning the prin- recognizes the sacrifices of those who progress we have made on strategic re- ciples of strategic stability that have are at the heart of the legislation—the ductions. And it will reduce our capac- served us well for decades. men and women who serve in our Na- ity to cooperate with Russia on the The most important challenge for tion’s Armed Forces. single greatest threat we face, which U.S. national security planners in the As a member of the Armed Services are the ‘‘loose nukes’’ existing in the years ahead will be to work with our Committee and chair of the Seapower former Soviet Union. friends and allies to develop a defense Subcommittee, I know we must never Under START I levels, both sides against the threat that has been de- forget that the men and women in uni- agree to reduce those arsenals to 6,500 fined. But how we respond to that form are the ones who make our Na- warheads. Under START II, those lev- threat is critical. We must not rush tion’s defense force the finest and els come down to 3,500 warheads. And into a politically driven decision on strongest in the world, and I salute we are moving toward further reduc- something as critical as this; on some- each of them for their unwavering serv- tions in our discussions on START III, thing that has the potential by any ra- ice. down to 2,000 warheads. With every tional person’s thinking to make us We are honor bound to ensure that agreement, the American people are less secure—not more secure. they are provided the very best equip- safer. A unilateral withdrawal from the I urge President Clinton to delay the ment, afforded the highest respect, and ABM Treaty would stop this progress deployment decision indefinitely. I be- compensated at a level commensurate in its tracks. No NMD system under lieve, even while the threat we face is with their remarkable service to this consideration can make us safe enough real and growing, that it is not immi- Nation. And I believe this bill reflects to justify such a reckless act. nent. We have the time. We need to those principles. I strongly disagree with my col- take the time to develop and test the Since the end of the cold war we have leagues who argue that the United most effective defense, and we will reduced the overall military force States is no longer bound by our legal need time to build international sup- structure by 36 percent and reduced the obligations under the ABM Treaty. No port for deploying a limited, effective defense budget by 40 percent—a trend president has ever withdrawn us from system. that this bill reverses. the Treaty, and President Clinton has I believe that support will be more And let me say that comes not a mo- reaffirmed our commitment to it. We forthcoming when we are seen to be re- ment too soon. Because while the size retain our obligations to the Treaty sponding to a changing security envi- of our armed services has decreased, under international law, and those ob- ronment rather than simply buckling the number of contingencies that our ligations continue to serve us well. It to political pressure. service members are called on to re- For 40 years, we have led inter- would never have been possible to ne- spond to has increased in a fashion national efforts to reduce and contain gotiate reductions in U.S. and Soviet that can only be described as dramatic. the danger from nuclear weapons. We strategic forces without the ABM Trea- In fact, the Navy/Marine Corps team can continue that leadership by ex- ty’s limit on national missile defense. alone responded to 58 contingency mis- ploiting our technological strengths to The Russians continue to underscore sions between 1980 and 1989, while be- find a system that will extend that de- that linkage. And since, as I’ve already tween 1990 and 1999 they responded to fense to our friends and allies but not argued, Russia’s strategic arsenal con- 192—a remarkable threefold increase in abrogate the responsibilities of leader- tinues to pose a serious threat to the operations. ship with a hasty, shortsighted deci- During the cold war, the U.N. Secu- United States and her allies, we must sion that will have lasting con- rity Council rarely approved the cre- not take steps—including the unilat- sequences. eral withdrawal from the ABM Trea- I hope in the days and months ahead ation of peace operations. In fact, the ty—that will undermine our efforts to my colleagues will join me in a U.N. implemented only 13 such oper- reduce and contain that threat. thoughtful and probing analysis of ations between 1948 and 1978, and none However, the strategic situation we these issues so we can together make from 1979 to 1987. By contrast, since confront today is worlds apart from the the United States stronger and not 1988—just twelve years ago—38 peace- one we faced in 1972, and we must not simply make this an issue that falls keeping operations have been estab- artificially limit our options as we con- prey to the political dialog in the year lished—nearly three times as many front the emerging threats to our secu- 2000. than the previous 40 years. rity. Under the forward-deployed boost- I thank my colleagues for their time. As a result of the challenges pre- phase system I have described, the I yield the floor. sented by having to do more with less, United States would need to seek Rus- The PRESIDING OFFICER. Under the Armed Services Committee has sian agreement to change the 1997 ABM the previous order, the Senator from heard from our leaders in uniform on Treaty Demarcation agreements, Maine is recognized for 30 minutes. how our current military forces are which establish the line between the- Ms. SNOWE. I thank the President. being stretched too thin, and that esti- ater missile defense systems that are I want to begin my remarks by com- mates predicted in the fiscal year 1997 not limited by the Treaty and the stra- mending our Chairman, Senator JOHN QDR underestimated how much the tegic defenses the Treaty proscribes. In WARNER, who has provided extraor- United States would be using our mili- a nutshell, these agreements allow the dinary leadership in crafting this meas- tary. United States to deploy and test the ure which supports our men and women I fully support this bill which author- PAC–3, THAAD and Navy Theater-Wide in uniform with funding for the pay, izes $309.8 billion in budget authority, TMD systems, but prohibit us from de- health care, and hardware that they an amount which is consistent with the veloping or testing capabilities that need and deserve. I can think of no one concurrent budget resolution. For the would enable these systems to shoot with greater credibility on these issues second year in a row—we recognize the down ICBMs. or a wider breadth of knowledge, and I shortfall and reverse a 14-year decline As long as we are discussing ABM thank him for his outstanding efforts. by authorizing a real increase in de- Treaty amendments with Russia, we I also want to thank the distin- fense spending. This funding is $4.5 bil- should work with them to develop a guished ranking member of the Senate lion above the President’s fiscal year new concept of strategic defense. A Armed Services Committee, Senator 2001 request, and provides a necessary boost-phase intercept program would LEVIN, who also has made invaluable increase in defense spending that is sweep away the line between theater contributions to the development of vital if we are to meet the national se- and long-range missile defense. But by this reauthorization. curity challenges of the 21st century. June 8, 2000 CONGRESSIONAL RECORD — SENATE S4729 This bill not only provides funds for So far, the Navy has been able to perform strike systems and advanced communication better tools and equipment for our its missions and respond to crises. This is and surveillance, increasingly are the prin- service men and women to do their jobs unlikely to remain true in the future. The cipal combat forces deployed to a regional but it also enhances quality of life for size of the navy has shrunk by nearly half crisis. during the last decade. From a force of well A recent surface combatant study con- themselves and their families. It ap- over 500 ships at the end of the Cold War, the cluded that the Navy required up to 139 proves a 3.7-percent pay raise for our navy is reduced to some 300 ships today. multimission warships to satisfy the full military personnel as well as author- The mathematics of the problem are sim- range of requirements and meet day-to-day izing extensive improvements in mili- ple: A force half the size attempting to per- operations. Instead, the navy has been al- tary health care for active duty per- form eight times the missions has an effec- lowed only 116. At least a quarter of these sonnel, military retirees, and their tive 16-fold increase in its required oper- are aging frigates and older destroyers that families. ational tempo. This increased burden results lack the modern offensive and defensive ca- As chair of the Seapower Sub- in longer deployments, reduced mainte- pabilities essential to a 21st-century Navy. nance, lower morale and less time on-sta- Speaking about the inadequate number of committee, I was particularly inter- tion. Ultimately, it means that on any given surface combatants, one senior Navy source ested in an article that I read this day, there will not be enough ships to meet cited by Defense News in the Jan. 31 issue morning in Defense News titled ‘‘U.S. all the requirements and cover all the crises. said, ‘‘We know we are broken. We are run- Navy: Stretched Too Thin?’’ by Daniel The Navy understands the problem. In tes- ning our ships into the ground, our missions Goure. I ask unanimous consent that timony before the House of Representatives are expanding and our force structure is this article be printed in the RECORD. this year. Vice Adm. Conrad Lautenbach, being driven down to 116 surface ships. We There being no objection, the article deputy chief of naval operations, stated that have to address it before we hit the preci- ‘‘it is no secret that our current resources of was ordered to be printed in the pice.’’ 316 ships is fully deployed and in many cases To avoid breaking the force, the Navy RECORD, as follows: stretched thin to meet the growing national must increase its number of surface combat- [From the Defense News, June 12, 2000] security demands.’’ ants. This also will expand significantly the U.S. NAVY: STRETCHED THIN?—SURGING This is not merely the view from the head- number of vertical-launch system tubes DEMANDS OVERWHELM SHRINKING FORCE quarters. Adm. Dennis McGinn, commander available in the fleet. The Navy needs to add Third Fleet, stated in an appearance before (By Daniel Goure) 15–20 more surface combatants to the fleet Congress in February that ‘‘force structure during the next decade, beyond the new con- The term floating around Washington to throughout the Navy is such that an in- struction already planned, just to maintain describe the current state of the U.S. armed creased commitment anywhere necessitates its current operational tempo. forces is overstretched. This means the mili- reduction of operations somewhere else, or a In order to meet immediate needs, the tary is attempting to respond to too many quality of life impact due to increased oper- Navy must retain older DDG–51s and build demands with too few forces. ating tempo.’’ more of them. When a new destroyer, the Clear evidence of this overstretch was pro- Vice Adm. Charles Moore, commander of DDG–21, becomes available later in the dec- vided by the war in Kosovo. In order to meet the U.S. Fifth Fleet, operating in the Ara- ade, the Navy would like to purchase an ad- the demands posed by that conflict, the bian Sea and Persian Gulf, told the House ditional 16 ships beyond the 32 they are United States had to curtail air operations Armed Services procurement subcommittee scheduled to buy. in the skies over Iraq and leave the eastern Feb. 29 that ‘‘Although I am receiving the It is time for the administration, Congress Pacific without an aircraft carrier. necessary forces to meet Fifth Fleet obliga- and the American people to realize that U.S. The number of missions the U.S. military tions, the fleet is stretched, and I am uncer- national security and global stability could has been asked to perform has increased dra- tain how much longer they can continue to be damaged by no maintaining an adequate matically in the last decade—by some meas- juggle forces to meet the varied regional re- Navy. ures almost eight-fold—while the force pos- quirements, including the Fifth Fleet’s. To paraphrase an old rhyme, for want of a ture has shrunk by more than a third. ‘‘I am uncertain that we have the surge ca- surface combatant, forward presence was In testimony this year before Congress, pability to a major theater contingency, or lost. For want of forward presence, an impor- senior Defense Department officials and the theater war. Eventually, the increased oper- tant ally was lost. For want of an ally, peace heads of the military services revealed the ational tempo on our fewer and fewer ships in the region was lost. For want of peace, the startling fact that by their own estimates will take its toll on their availability and region itself was lost. And all this for the the existing force posture is inadequate to readiness.’’ want of surface combatants. meet the stated national security require- The reality is that numbers matter, par- ment of being able to fight and win two ticularly for naval forces. This is due in part Ms. SNOWE. Mr. President, this arti- major theater wars. to the tyranny of distance that is imposed on cle describes the current state of the Nowhere is the problem worse than for the every Navy ship, whether or not it is steam- U.S. Armed Forces and how they are Navy. This is due, in large measure, to the ing in harm’s way. Deployments to the Per- overstretched. This means that the Navy’s unique set of roles and missions. Un- sian Gulf, 8,000 miles from the Navy’s home military is attempting to respond to like the other services which are now poised ports on both coasts, mean ships must travel to conduct expeditionary warfare based on too many demands with too few forces. from 10 to 14 days just to reach their forward And I quote ‘‘Nowhere is the problem power projection from the continental deployed positions. United States, the Navy is required to main- Even deployments from Norfolk, Va., to worse than for the Navy.’’ tain continuous forward presence in all crit- the Caribbean take several days. The conven- In the Seapower subcommittee’s ical regions. tional wisdom is that in order to provide work this year in review of the fiscal The Armed Forces Journal reported that in adequate rotation and maintain a tolerable year 2001 budget request we continued September 1998, Adm. Jay Johnson, chief of operational tempo, an inventory of three the Congress’ review of the adequacy of naval operations, told the Senate Armed ships is required for every one deployed for- Navy and Marine Corps force structure Services Committee that ‘‘On any given day, ward. to carry out the National Security one-third of the Navy’s forces are forward de- However, when the time required for ployed. . . . In addition, it must ensure free- steaming to and from global deployment Strategy, which we all know has been dom of the seas and, increasingly, provide areas, maintenance and overhaul, and train- signed by the President of the United time-critical strike assets for operations ing and shakedowns are included, the ratio States. against the world’s littorals under the rubric rises to four, five and even six ships to one. This included hearings, visits to fleet of operations from the sea.’’ As a result of recent events such as units, and discussions with the most It should be remembered that the 1999 mili- Kosovo, in which U.S. naval forces in the junior personnel in the fleet to the tary strikes against terrorist sites in Af- western Pacific were stripped of their air- highest flag officers and civilian lead- ghanistan, which is land-locked, and Sudan, craft carrier in order to support naval oper- which has coastline only on the Red Sea, was ations in the Adriatic, public and congres- ers in the Navy and Marine Corps. accomplished solely by cruise missiles sional attention was focused on the inad- The subcommittee constructed a firm launched from U.S. Navy ships. equacy of the Navy’s inventory of aircraft foundation for review of the fiscal year Naturally, naval forces are in demand dur- carriers. The Joint Chiefs of Staff published 2001 budget request by requesting oper- ing crisis and conflict and have made signifi- an attack submarine study that concluded ational commanders to testify on their cant, and in some instances, singular con- the nation requires 68 attack boats instead ability to carry out the National Secu- tributions to military operations in the Bal- of the 50 they had been allowed. rity Strategy. kans and Middle East. Attention is particularly lacking on the The operational commanders con- In fact, since the end of the Cold War, the Navy’s surface combatants. These are the de- Navy has responded to some 80 crisis deploy- stroyers and cruisers, the workhorses of the firmed what my colleagues and I had ments, approximately one every four weeks, Navy. Not only do they protect aircraft car- been hearing directly from fleet units while struggling to maintain forward pres- riers and visibly demonstrate forward pres- which included discussions with indi- ence in non-crises regions. ence, but due to the advent of precision vidual sailors and marines representing S4730 CONGRESSIONAL RECORD — SENATE June 8, 2000 a cross section of all ranks. The oper- through 1987, then the period between not only is it a problem in trying to ational commanders provided con- the end of the cold war and the begin- meet the demands around the world, vincing evidence that their commands ning of the Quadrennial Defense Re- but it also is problematic for our men do not have a sufficient number of view in assessing exactly how many and women in uniform in terms of the ships and airplanes to carry out the ships will be required to meet the secu- quality of life, in terms of morale, in National Security Strategy to shape rity demands around the world. Here terms of recruitment and retention. the international environment and re- we have the ship force structure from That is the end result of what is hap- spond to crisis within the required 1980 to 1999. pening. It may be difficult to quantify. time frame. I bring to my colleagues’ attention I think these charts illustrate very They further testified that the Navy the last 8 years charted in the graphs, clearly the pressures that are being has reduced the force structure to the the time period between 1992 to 1995, placed on our naval forces and the Ma- extent that the brunt of the burden of which is before the Quadrennial De- rine Corps today. this inadequate force structure is being fense Review; and then in 1996 to 1999, This is a disturbing and alarming borne, in their words, by the men and the post Quadrennial Defense Review trend. I think it does support the com- women in their commands. in terms of the number of ships we mander’s testimony that we are being Simply put, in the words of the Sixth have. We have the ship force structure stretched too thin in responding to the Fleet commander, on the top chart, and on the bottom increasing number of contingencies Nine years ago, we never anticipated the chart we have the number of contin- while reducing the number of ships. environment in which we find ourselves oper- gency operations during these same The assertion that a smaller number of ating. The sense that it was going to be a time periods. These last two data more capable ships resulting in a much easier load, that we might actually be points in these graphs are significant stronger Navy is just not being borne able to take our pack off every now and because they show the large force out. Some would say it is quality that again prevailed. And it for the most part structure reductions of over 200 ships matters. That may well be true. In underpinned the decline in defense spending in my estimation. We were wrong. And the while at the same time the contin- fact, we are moving to enhance the facts have borne that out with ever increas- gencies more than triple, from 31 to quality of the ships in the future. ing consistency in those nine years that have 103. As the commanders have told us time occurred. The QDR, we know, developed the and again and repeatedly in testimony And I quote the Second Fleet com- exact force structure that was nec- before the Seapower Subcommittee, mander. essary for both the Navy and the Ma- numbers do count. Quantity, as one rine Corps in this instance to respond commander said, is a quality all its . . . back in the euphoric days at the end of the Cold War as we were drawing down, we to the number of requirements around own. One ship, even though it is more actually figured that we would have a win- the world and what they anticipated capable than three ships it replaces, dow of opportunity here where we could af- would be the number of operations cannot cover two geographic areas at ford to, in fact, decrease structure, turn around the world. The QDR has antici- once. The fact is, we found that out some of that savings into a long-term recapi- pated there would be a rise in contin- during the course of the Kosovo cam- talization, maybe forego an upgrade or mod- gency operations but not to the extent paign and the onset of the Kosovo cam- ernization here and there. And that just has to which they have occurred. paign. In fact, General Clark, the Su- not been the case. The first chart shows the ship force preme Allied Commander, had re- In this article, Mr. Goure quotes Vice structure, the dramatic decline in the quested an aircraft carrier presence in Admiral Charles Moore, commander of number of ships, both in decommis- the Adriatic. It took 2 weeks before we the U.S. Fifth Fleet, he states ‘‘I am sioning and in the reduction, and the were able to have an aircraft carrier in uncertain how much longer they can number of new constructions. At its the Adriatic, 2 weeks into the Kosovo continue to juggle forces to meet the peak during the cold war, we were up conflict. varied regional requirements.’’ to 500, going towards a 600-ship Navy. We heard in testimony before the And he further quotes Vice Admiral We can see we had 500 ships in 1980 to Seapower Subcommittee from Vice Ad- Dennis McGinn, commander of the 1983; up to 1988, we had 550 ships. We miral Murphy, who is commander of Third Fleet, ‘‘that force structure were building up to a 600-ship Navy. We the 6th Fleet, who told us that: throughout the Navy is such that an declined to 417 ships at the end of the . . . if we had a Navy air wing— increased commitment anywhere ne- cold war and, prior to the development And I am using his words— cessitates reduction of operations of the Quadrennial Defense Review, to in the fight from day one, we could only somewhere else, or a quality of life im- a total of 316 ships. In those 8 short speculate as to the difference the naval air pact due to increased operating years where we declined from 500 ships would have made in the first 2 weeks but I tempo.’’ to 316 ships, we had a dramatic in- believe it would have been substantial. Again, those are the words of our crease in the number of contingency In his words, he said it would have commanders on the front lines charged operations. been substantial. It could have made a with carrying out the day-to-day oper- The second chart shows during the difference, having that airpower there ations of our naval forces and to the end of the cold war we had 31 contin- from day one of the Kosovo conflict. challenges and requirements around gency operations, when we had 550 But that did not happen. It took 2 the world. ships. During 1992 and 1995, prior to the weeks. It is noteworthy that these com- Quadrennial Defense Review in terms In the meantime, we left a gap in the manders state that the prediction of of assessing how many ships we would Pacific command. We left the Pacific how much our naval forces could be re- need, we had 68 contingency operations command without an aircraft carrier duced does not represent the reality of and 417 ships. In the post QDR, in 1996 because we had to cover the Persian what is going on in the world. to 1999, we had 103 contingency oper- Gulf and, of course, meet the demands I have two charts which I think ex- ations, tripling the number we had dur- in Kosovo. That is what happens when plain graphically the numbers that are ing the cold war. Yet we only had 316 we are stretched too thin and we do not consistent with the commander’s ex- ships during this period. have the number of ships to meet our planations and characterizations of the This is a dramatic increase in the responsibilities around the world. demands that have been placed on number of contingency operations. As I said in the course of my discus- them as a result of a reduced force While we had the highest number of sion this morning, the fact is, the de- structure, while at the same time in- ships, we had the lowest number of mands being placed on our naval forces creasing the number of responses to contingency operations. While we now and the Marine Corps are becoming contingency operations. Both charts have the lowest number of ships, we greater and greater. Yet the number of use the same timeframe across the have the highest number of contin- ships to meet those demands is becom- board. The charts track data in 4-year gency operations. That is placing tre- ing fewer. So the question becomes, increments starting in 1980 and con- mendous pressure on our Armed Forces How many ships? That is a good ques- tinuing through 1990. Each chart shows and our personnel because of the lack tion, one we are striving to answer. the 8 years before the cold war, 1980 of ships to meet those responses. So Have we gone too far in bringing down June 8, 2000 CONGRESSIONAL RECORD — SENATE S4731 the number of ships to 300? The oper- If we are being told by the top civil- We have tried in this budget before ational commanders will tell us yes. ian and military leadership of the Navy us today in the reauthorization to re- Without a doubt, due to the high oper- and Marine Corps that they are being spond to some of the issues. We have ational tempo that is reflected in this stretched too thin, even with today’s decided to do it in a number of ways. chart, as we have seen, tripling the force structure of about 316 ships, then First, we included a legislative provi- number of contingency operations com- we are required to make some deci- sion that will provide for advanced pro- pared to where we were during the cold sions about the future. They have con- curement but at the same time save war, I would have to agree. We have firmed time and again the predicted $1.1 billion in taxpayers’ dollars, if the had 103 contingency operations during operating tempo of the Quadrennial Navy takes advantage of the opportu- the period of 1996 to 1999, with 316 Defense Review upon which this force nities that are provided in this reau- ships. Yet during the cold war period, structure of 316 ships is being based is thorization. To attain $500 million of during a 9-year period, we only had 31. different, quite different from what is the $1.1 billion in savings, the bill au- So obviously the demands are greater. occurring around the world. In fact, in thorizes the Navy to buy the next six I think we have to make some deci- regard to the QDR, the Navy’s Deputy DDG–51 ships under a multiyear agree- sions about where we need to go in the Chief of Naval Operations for Re- ment at an economic rate of three future. As the commander of the 6th sources, Warfare Requirements and As- ships per year and provides $143 million Fleet testified, again during the course sessments testified: in advanced procurement to achieve of his testimony, he said: . . . prognostications for the future were economies of scale. Numbers count. If there is an insufficiency different than the reality has turned out in An additional $600 million in savings of numbers, by the time you figure it out, it the last few years...we need to build will result from the Navy contracting is usually too late. higher number of ships than we are building for the LHD–8 with prior year funding, So these shortcomings become a con- today. as well as $460 million in this bill, and cern, as I say, leaving gaps, for exam- Other witnesses have also confirmed future full funding. ple, in the Pacific command, not being the budget request that was submitted These smart acquisition strategies able to respond to the Supreme Allied by the administration did not include are actions that leverage the ship con- Commander by having an aircraft car- the construction of 8.7 new ships re- struction funding. It also provides a rier for the duration of the entire con- quired to recapitalize the fleet at a number of other cost-saving provisions. flict because we don’t have enough rate that would maintain 308 ships, let We authorize a block buy for economic ships; or because of the impact on the alone increasing the number above the order quantities for up to five Virginia men and women because of the ex- 316 ships in the fleet today. class submarines and smart product tended deployments, because of the We had testimony from a Congres- modeling for our Navy’s aircraft car- quality of life, because of the recruit- sional Research Service witness that a riers. Both of these initiatives will re- ment and retention problems and the $10 billion to $12 billion investment on sult in shipbuilding savings. soaring cost of contingency oper- an annual basis, depending on the ac- Over the long haul, to sustain the ations—it is having an impact across tual ship mix, to build an average of 8.7 minimum ship requirements, the Navy must find economies in all areas, in- the board. So, yes, there are higher ships per year is required just to main- cluding reducing operational costs for risks in all respects. We have to ad- tain a 308-ship Navy. However, as I its entire fleet. The key to reducing dress those risks. said, the budget request submitted by We are trying. As chair of the the Pentagon and by the administra- these operating costs of ships lies in re- Seapower Subcommittee and member tion for future years was only 7.5 ships search and development for the design of the overall committee, we have been per year on average. So that exacer- of future ships that can operate more asking for a report from the Pentagon bates the force structure problem rath- efficiently and with less manning. Our bill does approve ship design re- as to what is their long-term ship- er than addressing it with the required search and development which will di- building plan that will ascertain ex- resources. rectly result in reduced overall life- actly how many ships will be required The fact is, the historical average for shipbuilding over the last 5 to 6 years cycle costs of the Navy’s next genera- to respond to these demands. tion of ships. The research and develop- Senator ROBB of Virginia had in- has been 7.5 ships. That puts us on a ment investment includes $550 million cluded an amendment to the Defense course for 263 ships in the Navy. So it for the DD–21 program, $38 million for authorization last year that asked for is obviously far below the 300-ship the CVN–77, $236 million for the this long-term shipbuilding plan. The Navy that has been determined to be CVN(X) and $207 million for the Vir- statutory requirement included a dead- necessary by the Quadrennial Defense ginia class submarine technologies. line of February of this year for the Review, certainly less than the 316-ship In addition to the ship force struc- Pentagon to submit this report to the Navy we have today, and certainly that ture issues, subcommittee witnesses committee and to the Congress. They is fewer ships than we need to be able testified that capabilities must remain have failed to meet this prescribed to respond when it comes to the num- ahead of the threats designed to dis- statutory requirement of this analysis ber of challenges around the world and rupt or deny maritime operations on so the committee could make some de- the number of contingency operations the high seas and in the littorals. cisions for the long term because it is that we have been engaged in and are We also had testimony that indicated not easy to shift these decisions when responding to, just in a 4-year period air and sea strategic lift and support it comes to shipbuilding. It takes 5 to between 1996 and 1999, which has been are absolutely important to support all 6 years, on average, to construct a ship. 103 contingency operations. warfighting commanders in chief and If we are going to reverse some of the The subcommittee has tried to re- all services, as well as supporting other trends that are already inherent in the spond to these challenges. We have Government agencies. budgets that have been submitted by tried to respond in a number of ways, We tried to address the requirements the Pentagon, and if we are going to re- at least to begin to reverse course until to modernize the equipment as soon as spond to those shifts, it is going to we get this analysis from the Pen- possible while continuing the research take a required lead time to make tagon. Again, as I said, we will demand and development which has the poten- those changes. Yet the Defense Depart- that analysis from the Pentagon so we tial to provide our forces with the fu- ment has not submitted this analysis can make a decision whether it is going ture systems they require. that was required under the law by to be 300 ships or 263 ships—which we We also supported the Marine Corps February of this year. We have asked are on a course towards, given the re- requirements of two LPD–17 class am- time and again; we have submitted let- quest and given the previous budgets phibious ships, which is state-of-the- ters to the Pentagon. I plan to hold a by the administration—or if we are art advance transport ships, as well as hearing to find out exactly why this re- going to change that course, increasing 12 MV–22 tilt-rotor aircraft, one land- port has not been submitted to the the number from 316 or 300 or whatever ing craft air cushion life extension, and committee so we, in turn, can make the number may be. But we need to an additional $27 million for the ad- the decisions, evaluate the analysis, have a realistic assessment of where we vanced amphibious assault vehicle re- and make some changes for the future. should go in the future. search and development. S4732 CONGRESSIONAL RECORD — SENATE June 8, 2000 We tried to address a number of the Mr. CLELAND. Mr. President, I in that regard. I thank him for his con- requirements for both the Navy and thank Chairman WARNER and ranking tinuing leadership and look forward to the Marine Corps to address what we member LEVIN for their hard work dur- the adoption of his amendment. consider to be the deficiencies that ing the Department of Defense author- The PRESIDING OFFICER. The Sen- were submitted in the budget request ization process this year. They have ator from Virginia. by the administration for the Navy and done a tremendous job in enhancing Mr. WARNER. Mr. President, I join the Marine Corps. It is also an attempt the quality of life for our military per- my distinguished colleague from to fill the gap that has been placed on sonnel and their families. I appreciate Michigan. The Senator and I have been both of those services with respect to the support of Senators LEVIN, BINGA- here 22 years, and we have seen a lot of demands that not only have been re- MAN, REED, and ROBB, who have co- Senators come and go on the Armed quired of them in contingency oper- sponsored my GI bill enhancements Services Committee. When this fine ations, but also in terms of the reduced which we are about to adopt. American stepped on to our committee, force structure that has been dem- Specifically, I recognize the chair- from the first day he has taken a posi- onstrated by these charts and by the man of the Senate Armed Services tion for which we all respect and value realities in the world today. Committee, the distinguished Senator his guidance and judgment. I hope in the future we will be able to from Virginia, Mr. WARNER, who him- I will say, this man has a sense of have the kind of analysis upon which self went to school on the GI bill after humor. Now, it takes sometimes a lit- we can develop what will be an ade- World War II. I thank him for his sup- tle probing to get it out. He always quate force structure, what will be an port and his encouragement in improv- combines his humor with history. He is adequate number of ships, and other re- ing the GI bill for military personnel a great student of military history and quirements for the Navy and the Ma- and their families. those who have been in public life in rine Corps. Whether it is a 300-ship My amendment will improve and en- the past. He livens up the committee Navy, 308-ship Navy, a 316-ship Navy or hance the current educational benefits meetings and the markups. When beyond, or a 263-ship Navy, which has and create the GI bill for the 21st cen- things are sort of in a trough, he will been the historical trend, as I said, tury. inject himself. over the last 5 to 6 years and which One of the most important provisions But this is something he and I have this authorization is attempting to re- of my amendment would give the serv- discussed for a number of years. I am verse, it is going to take more than ice Secretaries the authority to au- very hopeful that we, in the course of that. Obviously, we need to have the thorize a service member to transfer the conference, can achieve some meas- numbers and the analysis upon which his or her basic Montgomery GI bill ure of these goals, maybe the full to base those numbers from the De- benefits to family members. It will measure, I say to the Senator, but I fense Department so that Congress has make the GI bill for the first time fam- know not. the ability to analyze those numbers in ily friendly. This will give the Secre- As I have said, with great humility, terms of what is sufficient to meet the taries of the services a very powerful what modest military career I have had security challenges around the world. retention tool. in terms of periods of active duty, both As I said earlier, the Quadrennial De- My amendment will also give the at the end of World War II and during fense Review developed a number. They Secretaries the authority to authorize the Korean War, in no way compares to said a 300-ship Navy would be adequate the Veterans’ Educational Assistance the heroic service that this fine Sen- to respond to the security challenges. Program, VEAP, participants and ator rendered his country. They anticipated there would be an in- those active duty personnel who did But I will say, the greatest invest- crease in contingency operations, but not enroll in the Montgomery GI bill to ment America made in post-World War the problem is they did not anticipate participate in the current GI bill pro- II, in those years when this country the extent to which those operations gram. was returning to normalcy—they were would place demands on our naval Another enhancement to the current exciting years, 1946 to 1950—it was the forces and our Marine Corps. Montgomery GI bill extends the period GI bill, the investment by America in The PRESIDING OFFICER (Mr. AL- in which the members of Reserve com- that generation of some 16 million men LARD). The Senator’s time has expired. and women who were privileged to Ms. SNOWE. Mr. President, I again ponents can use this benefit. serve in uniform during that period, thank the chairman of the Armed Serv- Other provisions of this amendment ices Committee for his leadership and will allow the Service Secretaries to and I was a modest recipient of the GI the ranking member of the Sub- pay 100 percent of tuition assistance or bill. I would not be here today, I say to enable service members to use the the Senator, had it not been for that committee on Seapower, Senator KEN- Montgomery GI bill to cover any un- education given to me. NEDY. I also thank the professional staff: Gary Hall, Tom McKenzie, and paid tuition and expenses when the My father had passed on in the clos- John Barnes on the majority side, and services do not pay 100 percent. ing months of World War II, and my Creighton Greene on the minority side. This GI bill amendment is an impor- mother was widowed. We were prepared I also thank my personal staff: Tom tant retention tool for the services, as to all struggle together to do the best Vecchiolla, Sam Horton, and Jennifer well as a wonderful benefit for the men we could in our family. Among the as- Ogilvie, defense fellows in my office as and women who bravely serve our sets was not the money to go to col- well. country. I believe that education be- lege. Had it not been for the GI bill, I I thank the Chair and yield the floor. gets education. We must continue to would not be here today. The PRESIDING OFFICER. The Sen- focus our resources in retaining our So you have a strong shoulder at the ator from Virginia. personnel and meeting their personal wheel with this Senator. But I salute Mr. WARNER. Mr. President, I thank needs. It is cheaper and better all you. We are going to do our very best. our distinguished colleague for her con- around to retain than retrain. I thank you for working tirelessly on tribution first as chairman of the I thank the Chair. I yield the floor. behalf of the men and women of the Seapower Subcommittee, and for this The PRESIDING OFFICER. The Sen- Armed Forces. very important message she has deliv- ator from Michigan. Mr. President, the distinguished ered to the Senate this morning. Mr. LEVIN. Mr. President, I thank ranking member and I are prepared to I understand our distinguished col- Senator CLELAND for making an ex- offer a number of amendments with our league from Michigan, Mr. LEVIN, and traordinary contribution, not just on colleagues. the Senator from Georgia have con- this amendment but in so many ways AMENDMENT NO. 3216 sulted, and the Senator from Georgia on the Armed Services Committee and (Purpose: To ensure that obligations to desires some time now. in the Senate. This will be an aid to re- make payments under the CVN–69 contract Mr. LEVIN. I hope the Chair will now cruitment and retention. I congratu- for a fiscal year after fiscal year 2001 is recognize the next person seeking rec- late him for his usual perceptiveness of subject to the availability of appropria- ognition. trying to improve the morale and con- tions) The PRESIDING OFFICER. The Sen- ditions for the men and women in our Mr. WARNER. Mr. President, on be- ator from Georgia is recognized. armed services. He is a supreme leader half of Senator SNOWE and Senator June 8, 2000 CONGRESSIONAL RECORD — SENATE S4733 KENNEDY, I offer an amendment, which The motion to lay on the table was Mr. LEVIN. I move to reconsider the is a technical amendment to section agreed to. vote. 125 of the bill regarding the overhaul of AMENDMENT NO. 3218 Mr. WARNER. I move to lay that mo- CVN–69, the U.S.S. Eisenhower. (Purpose: To require a report on the Defense tion on the table. Mr. President, I believe this amend- Travel System and to limit the use of The motion to lay on the table was ment has been cleared by the other funds for the system) agreed to. side; am I correct? Mr. LEVIN. Mr. President, on behalf AMENDMENT NO. 3219 Mr. LEVIN. The amendment has been of Senator ROBB, I offer an amendment (Purpose: To modify authority to carry out a cleared. which requires the Secretary of De- fiscal year 1990 military construction The PRESIDING OFFICER. The fense to submit a report to the congres- project relating to Portsmouth Naval Hos- clerk will report the amendment. sional defense committees concerning pital, Virginia) The legislative clerk read as follows: the management and fielding of the de- Mr. WARNER. Mr. President, on be- The Senator from Virginia [Mr. WARNER] fense travel system. I believe this has half of Senator ROBB and myself, I offer for Ms. SNOWE, for herself and Mr. KENNEDY, been cleared by the other side. an amendment which would modify the proposes an amendment numbered 3216. Mr. WARNER. Mr. President, it has authority to carry out a fiscal year 1990 Mr. WARNER. I ask unanimous con- been cleared. I commend the Senator military construction project relating sent reading of the amendment be dis- from Virginia. This is a very important to the naval hospital at Portsmouth, pensed with. subject. Indeed, it is one on which we VA. The PRESIDING OFFICER. Without should have additional oversight. This The PRESIDING OFFICER. The objection, it is so ordered. report will be helpful. clerk will report. The amendment is as follows: The PRESIDING OFFICER. The The legislative clerk read as follows: On page 31, strike lines 16 through 18, and clerk will report. The Senator from Virginia [Mr. WARNER], insert the following: The legislative clerk read as follows: for himself and Mr. ROBB, proposes an ‘‘of the CVN–69 nuclear aircraft carrier. The Senator from Michigan [Mr. LEVIN], amendment numbered 3219. ‘‘(c) CONDITION FOR OUT-YEAR CONTRACT for Mr. ROBB, proposes an amendment num- PAYMENTS.—A contract entered into under The amendment is as follows: bered 3218. subsection (b) shall include a clause that On page 501, between lines 10 and 11, insert states that any obligation of the United The amendment is as follows: the following: States to make a payment under the con- On page ll, between lines ll and ll, SEC. 2404. MODIFICATION OF AUTHORITY TO tract for a fiscal year afer fiscal year 2001 is insert the following: CARRY OUT CERTAIN FISCAL YEAR subject to the availability of appropriations SEC. . DEFENSE TRAVEL SYSTEM. 1990 PROJECT. for that purpose for that later fiscal year.’’ (a) REQUIREMENT FOR REPORT.—Not later (a) INCREASE.—Section 2401(a) of the Mili- The PRESIDING OFFICER. Is there than November 30, 2000, the Secretary of De- tary Construction Authorization Act for Fis- cal Years 1990 and 1991 (division B of Public further debate on the amendment? fense shall submit to the congressional de- fense committees a report on the Defense Law 101–189), as amended by section 2407 of There being no further debate on the the Military Construction Authorization Act amendment, the amendment is agreed Travel System. (b) CONTENT OF REPORT.—The report shall for Fiscal Year 1999 (division B of Public Law to. include the following: 105–261; 112 Stat. 2197), is amended in the The amendment (No. 3216) was agreed (1) A detailed discussion of the develop- item relating to Portsmouth Naval Hospital, to. ment, testing, and fielding of the system, in- Virginia, by striking ‘‘$351,354,000’’ and in- Mr. WARNER. I move to reconsider cluding the performance requirements, the serting ‘‘$359,854,000’’. the vote. evaluation criteria, the funding that has (b) CONFORMING AMENDMENT.—Section Mr. LEVIN. I move to lay that mo- been provided for the development, testing, 2405(b)(2) of the Military Construction Au- thorization Act for Fiscal Years 1990 and tion on the table. and fielding of the system, and the funding that is projected to be required for com- 1991, as amended by section 2407 of the Mili- The motion to lay on the table was tary Construction Authorization Act for Fis- agreed to. pleting the development, testing, and field- ing of the system. cal Year 1999, is amended by striking AMENDMENT NO. 3217 (2) The schedule that has been followed for ‘‘$342,854,000’’ and inserting ‘‘$351,354,000’’. (Purpose: To repeal authorities to delay pay the testing of the system, including the ini- Mr. WARNER. Let the RECORD reflect days at the end of fiscal year 2000) tial operational test and evaluation and the it has been cleared on both sides. Mr. WARNER. Mr. President, I offer final operational testing and evaluation, to- Mr. LEVIN. We support the amend- an amendment which repeals authori- gether with the results of the testing. ment. ties to delay pay days—that is, mili- (3) The cost savings expected to result The PRESIDING OFFICER. There from the deployment of the system and from tary and civilian—at the end of fiscal being no objection, the amendment is year 2000 and into fiscal year 2001. I be- the completed implementation of the sys- tem, together with a discussion of how the agreed to. lieve this amendment has been cleared. savings are estimated and the expected The amendment (No. 3219) was agreed Mr. LEVIN. It has been cleared. schedule for the realization of the savings. to. The PRESIDING OFFICER. The (4) An analysis of the costs and benefits of Mr. WARNER. I move to reconsider clerk will report. fielding the front-end software for the sys- the vote. The legislative clerk read as follows: tem throughout all 18 geographical areas se- Mr. LEVIN. I move to lay that mo- The Senator from Virginia [Mr. WARNER] lected for the original fielding of the system. tion on the table. proposes an amendment numbered 3217. (c) LIMITATIONS.—(1) Not more than 25 per- cent of the amount authorized to be appro- The motion to lay on the table was The amendment is as follows: priated under section 301(5) for the Defense agreed to. On page 364, between the matter following Travel System may be obligated or expended AMENDMENT NO. 3220 line 13 and line 14, insert the following: before the date on which the Secretary sub- (Purpose: To authorize the payment of $7,975 SEC. 1010. REPEAL OF CERTAIN PROVISIONS mits the report required under subsection for a fine for environmental permit viola- SHIFTING CERTAIN OUTLAYS FROM (a). tions at Fort Sam Houston, Texas) ONE FISCAL YEAR TO ANOTHER. (2) Funds appropriated for the Defense Mr. WARNER. Mr. President, I offer Sections 305 and 306 of H.R. 3425 of the Travel System pursuant to the authorization 106th Congress, as enacted into law by sec- of appropriations referred to in paragraph (1) an amendment to section 345 of S. 2549 tion 1000(a)(5) of Public Law 106–113 (113 Stat. may not be used for a purpose other than the that would authorize the Secretary of 1501A–306), are repealed. Defense Travel System unless the Secretary the Army to pay the cash fine of $7,975 The PRESIDING OFFICER. Is there first submits to Congress a written notifica- to the Texas Natural Resources Con- any further debate on the amendment? tion of the intended use and the amount to servation Commission for permit viola- There being no further debate, the be so used. tions assessed under the Resource Con- amendment is agreed to. Mr. WARNER. Mr. President, I urge servation and Recovery Act at Fort The amendment (No. 3217) was agreed adoption of the amendment. Sam Houston, TX. to. The PRESIDING OFFICER. If there The PRESIDING OFFICER. The Mr. WARNER. I move to reconsider is no further debate, the amendment is clerk will report. the vote. agreed to. The legislative clerk read as follows: Mr. LEVIN. I move to lay that mo- The amendment (No. 3218) was agreed The Senator from Virginia [Mr. WARNER] tion on the table. to. proposes an amendment numbered 3220. S4734 CONGRESSIONAL RECORD — SENATE June 8, 2000 The amendment is as follows: On page 359, beginning on line 6, strike The PRESIDING OFFICER. The On page 94, between lines 6 and 7, insert ‘‘contract administration service’’ and insert clerk will report. the following: ‘‘contract administration services system’’. The legislative clerk read as follows: (6) $7,975 for payment to the Texas Natural On page 359, beginning on line 9, strike ‘‘Defense Finance and Accounting System’’ The Senator from Virginia [Mr. WARNER] Resource Conservation Commission of a cash proposes an amendment numbered 3225. fine for permit violations assessed under the and insert ‘‘Defense Finance and Accounting Solid Waste Disposal Act. Service’’. The amendment is as follows: On page 493, in the table following line 10, Mr. LEVIN. The amendment has been On page 554, line 25, strike ‘‘$31,000,000.’’ strike ‘‘136 units’’ in the purpose column in and insert ‘‘$20,000,000.’’. cleared on this side. the item relating to Mountain Home Air On page 555, line 4, strike ‘‘$15,000,000.’’ and Mr. WARNER. Mr. President, I urge Force Base, Idaho, and insert ‘‘119 units’’. insert ‘‘$26,000,000.’’. adoption of the amendment. Mr. WARNER. Mr. President, I urge Mr. LEVIN. The amendment has been The PRESIDING OFFICER. Without adoption of the amendment. cleared on this side. further debate, the amendment is The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without agreed to. further debate on the amendment, the further debate, the amendment is The amendment (No. 3220) was agreed amendment is agreed to. agreed to. to. The amendment (No. 3222) was agreed Mr. WARNER. I move to reconsider The amendment (No. 3225) was agreed to. to. the vote. Mr. WARNER. I move to reconsider Mr. WARNER. I move to reconsider Mr. LEVIN. I move to lay that mo- the vote. tion on the table. Mr. LEVIN. I move to lay that mo- the vote. Mr. LEVIN. I move to lay that mo- The motion to lay on the table was tion on the table. agreed to. The motion to lay on the table was tion on the table. The motion to lay on the table was AMENDMENT NO. 3221 agreed to. agreed to. (Purpose: To strike section 344, relating to a AMENDMENT NO. 3223 modification of authority for indemnifica- Mr. WARNER. Mr. President, I offer AMENDMENT NO. 3226 tion of transferees of closing defense prop- a technical amendment in relation to (Purpose: To enhance and improve edu- erty) the DOE future-years nuclear security cational assistance under the Montgomery GI Bill in order to enhance recruitment Mr. WARNER. Mr. President, I offer plan. an amendment to strike all of section and retention of members of the Armed The PRESIDING OFFICER. The Forces) 344 of S. 2549. clerk will report the amendment. I believe this amendment has been The legislative clerk read as follows: Mr. LEVIN. Mr. President, on behalf of Senator CLELAND, and other cospon- cleared. The Senator from Virginia [Mr. WARNER] Mr. LEVIN. The amendment has been proposes an amendment numbered 3223. sors whom he has identified, I offer an amendment that would enhance the cleared. The amendment is as follows: Montgomery GI bill for both active and The PRESIDING OFFICER. The On page 584, line 13, strike ‘‘3101(c)’’ and in- clerk will report the amendment. sert ‘‘3101(a)(1)(C)’’. reserve members of the Armed Forces. This is the amendment we just dis- The legislative clerk read as follows: Mr. LEVIN. Mr. President, the cussed and on which we are so appre- The Senator from Virginia [Mr. WARNER] amendment has been cleared on this ciative of Senator CLELAND’s leader- proposes an amendment numbered 3221. side. The amendment is as follows: Mr. WARNER. I urge adoption of the ship. The PRESIDING OFFICER. The On page 88, strike line 11 and all that fol- amendment. lows through page 92, line 19. The PRESIDING OFFICER. If there clerk will report. The PRESIDING OFFICER. Without is no further debate on the amendment, The legislative clerk read as follows: further debate, the amendment is the amendment is agreed to. The Senator from Michigan [Mr. LEVIN] for agreed to. The amendment (No. 3223) was agreed Mr. CLELAND, for himself, Mr. ROBB, and Mr. to. REED, proposes an amendment numbered The amendment (No. 3221) was agreed 3226. to. Mr. WARNER. I move to reconsider Mr. WARNER. I move to reconsider the vote. (The text of the amendment is print- the vote. Mr. LEVIN. I move to lay that mo- ed in today’s RECORD under ‘‘Amend- Mr. LEVIN. I move to lay that mo- tion on the table. ments Submitted.’’) tion on the table. The motion to lay on the table was Mr. CLELAND. Mr. President, I come The motion to lay on the table was agreed to. before you today to offer an amend- agreed to. AMENDMENT NO. 3224 ment that addresses the educational needs of our men and our men and AMENDMENT NO. 3222 Mr. WARNER. Mr. President, I send Mr. WARNER. Mr. President, I offer an amendment to the desk. women in uniform and their families. I an amendment which makes technical The PRESIDING OFFICER. The appreciate the support of my col- corrections to the bill. This has been clerk will report the amendment. leagues who have supported my provi- cleared on the other side. The legislative clerk read as follows: sions to enhance the GI bill, Senators Mr. LEVIN. It has been cleared. The Senator from Virginia [Mr. WARNER] LEVIN, BINGAMAN, REED, and ROBB. I The PRESIDING OFFICER. The proposes an amendment numbered 3224. also like to recognize the chairman of clerk will report the amendment. The amendment is as follows: the Senate Armed Services Committee, The legislative clerk read as follows: On page 565, strike lines 9 through 13. Senator WARNER, who himself went to school on the GI bill. I want to thank The Senator from Virginia [Mr. WARNER] Mr. LEVIN. The amendment has been proposes an amendment numbered 3222. cleared. him for his support and encouragement The amendment is as follows: The PRESIDING OFFICER. Without in improving the GI bill for military further debate, the amendment is personnel and their families. On page 147, line 6, strike ‘‘section 573(b)’’ I call this measure the HOPE—Help and insert ‘‘section 573(c)’’. agreed to. On page 303, strike line 10 and insert the The amendment (No. 3224) was agreed Our Professionals Educationally—Act following: to. of 2000. This measure is the same at my SEC. 901. REPEAL OF LIMITATION ON MAJOR. Mr. WARNER. I move to reconsider original legislation, S. 2402. On page 358, beginning on line 11, strike the vote. Last year, Time magazine named the ‘‘Defense Finance and Accounting System’’ Mr. LEVIN. I move to lay that mo- American GI as the Person of the Cen- and insert ‘‘Defense Finance and Accounting tion on the table. tury. That alone is a statement about Service’’. The motion to lay on the table was the value of our military personnel. On page 358, beginning on line 12, strike agreed to. They are recognized around the world ‘‘contract administration service’’ and insert AMENDMENT NO. 3225 ‘‘contract administration services system’’. for their dedication and commitment On page 359, line 5, strike ‘‘Defense Fi- Mr. WARNER. I offer a technical to fight for our country and for peace nance and Accounting System’’ and insert amendment in relation to the mixed in the world. This past century has ‘‘Defense Finance and Accounting Service’’. oxide fuel construction project. been the most violent century in the June 8, 2000 CONGRESSIONAL RECORD — SENATE S4735 modern era. The American GI has by supporting improved education ben- tion assistance or enable service mem- fought in the trenches during the First efits for military members and their bers to use the MGIB to cover any un- World War, the beaches at Normandy, families. Since last year, we have gone paid tuition and expenses when the in the jungles of Vietnam, in the back and studied this issue further. In services don’t pay 100 percent. deserts of the Persian Gulf, and most reviewing the current Montgomery GI Mr. President, I believe that this is a recently in the Balkans and Kosovo. bill, we found several disincentives and necessary next step for improving our The face of our military and the peo- conflicts among the education benefits education benefits for our military ple who fight our wars has changed. offered by the services. These conflicts members and their families. We must The traditional image of the single, make the GI bill, an earned benefit, offer them credible choices. If we offer mostly male, drafted, and disposable less attractive than it could be. them choices, and treat the members soldier is gone. Today we are fielding My amendment will improve and en- and their families properly, we will the force for the 21st century. This new hance the current educational benefits show them our respect for their service force is a volunteer force, filled with and create the GI bill for the 21st cen- and dedication. Maybe then we can men and women who are highly skilled, tury. turn around our current retention sta- married, and definitely not disposable. One of the most important provisions tistics. This GI bill is an important re- Gone are the days when quality of life of my amendment would give the Serv- tention tool for the services. I believe for a GI included a beer in the barracks ice Secretaries the authority to au- that education begets education. We and a three-day pass. Now, we know we thorize a service member to transfer must continue to focus our resources in have to recruit a soldier and retain a his or her basic MGIB benefits to fam- retaining our personnel based on their family. ily members. Many service members needs. We have won the cold war. This vic- tell us that they really want to stay in Mr. LEVIN. I wonder if the clerk tory has changed the world and our the service, but do not feel that they could read for us the list of cosponsors military. The new world order has can stay and provide an education for on that amendment so any others who given us a new world disorder. The their families. This will give them an might wish cosponsorship. United States is responding to crises Educational Savings Account, so that The PRESIDING OFFICER. The around the globe—whether it be stra- they can stay in the service and still clerk will read the cosponsors. tegic bombing or humanitarian assist- provide an education for their spouses The legislative clerk read as follows: and children. This will give the Secre- ance—and our military is the most ef- The Senator from Michigan Mr. LEVIN, for fective response. In order to meet these taries a very powerful retention tool. Mr. CLELAND, for himself, Mr. WARNER, Mr. challenges, we are retooling our forces The measure would allow the Services ROBB, and Mr. REED of Rhode Island. to be lighter, leaner and meaner. This to authorize transfer of basic GI bill Mr. LEVIN. I ask unanimous consent is a positive move. Along with this benefits anytime after 6 years of serv- to be added as a cosponsor of the lighter force, our military profes- ice. To encourage members to stay amendment. sionals must be highly educated and longer, the transferred benefits could The PRESIDING OFFICER. Without highly trained. not be used until completion of at least objection, it is so ordered. Our nation is currently experiencing 10 years of service. I believe that the Mr. WARNER. Mr. President, given the longest running peacetime eco- Services can use this much like a reen- the importance of this legislation, I nomic growth in history. This eco- listment bonus to keep valuable serv- ask unanimous consent that such other nomic expansion has been a boom for ice members in the service. It can be Senators who desire to be cosponsors our nation. However, there is a nega- creatively combined with reenlistment may be listed through the close of busi- tive impact of this growing economy. bonuses to create a very powerful and ness today. With the enticement of quick pros- cost effective incentive for highly The PRESIDING OFFICER. Without perity in the civilian sector it is more skilled military personnel to stay in objection, it is so ordered. Without ob- difficult than ever to recruit and retain the Service. In talking with service jection, the amendment is agreed to. our highly skilled force. members upon their departure from the The amendment (No. 3226) was agreed In fiscal year 99, the Army missed its military, we have found that the fam- to. recruiting goals by 6,291 recruits, while ily plays a crucial role in the decision Mr. WARNER. I move to reconsider the Air Force missed its recruiting of a member to continue their military the vote. goal by 1,732 recruits. Pilot retention career. Reality dictates that we must Mr. LEVIN. I move to lay that mo- problems persist for all services; the address the needs of the family in order tion on the table. Air Force ended FY99 1,200 pilots short to retain our soldiers, sailors, airmen, The motion to lay on the table was and the Navy ended FY99 500 pilots and marines. agreed to. short. The Army is having problems re- My amendment would also give the taining captains, while the Navy faces Secretaries the authority to authorize AMENDMENT NO. 3227 manning challenges for Surface War- the Veterans’ Educational Assistance (Purpose: To strike section 553(c) which re- fare Officers and Special Warfare Offi- Program (VEAP) participants and peals authority regarding grants and con- tracts to uncooperative instutions of high- cers. It is estimated than $6 million is those active duty personnel who did er education) not enroll in MGIB to participate in spent to train a pilot. We as a nation Mr. LEVIN. Mr. President, on behalf cannot afford to train our people, only the current GI bill program. The VEAP of Senator KENNEDY, I offer an amend- participants would contribute $1200, to lose them to the private sector. It is ment that would strike a repeal of the and those who did not enroll in MGIB better to retain than retrain. duplicative authority from section 553 There is hope that we are addressing would contribute $1500. The services of the bill. I believe the amendment these challenges. Last year was a mo- would pay any additional costs of the has been cleared on the other side. mentous year for our military per- benefits of this measure. The PRESIDING OFFICER. The sonnel. The Senate passed legislation Another enhancement to the current clerk will report. that significantly enhances the quality MGIB would extend the period in which The legislative clerk read as follows: of life for our military personnel. From the members of Reserve components retirement reform to pay raises, this can use this benefit. Currently they The Senator from Michigan [Mr. LEVIN], for Mr. KENNEDY, for himself, and Mr. Congress is on record supporting our lose this benefit when they leave the CLELAND, proposes an amendment numbered men and women in uniform. However, service or after 10 years of service. 3227. more must be done. They have no benefit when they leave In talking with our military per- service. My amendment will permit The amendment is as follows: sonnel, we know that money alone is them to use the benefit up to 5 years On page 186, strike lines 1 through 9, and not enough. Education is the number after their separation. This will en- insert the following: (c) EFFECTIVE DATES.—(1) The amendment one reason service members come into courage them to stay in the Reserves made by subsection (a) shall take effect on the military and the number one rea- for a full career. Other provisions of July 1, 2002. son its members are leaving. Last year this amendment would allow the Serv- (2) The amendments made by subsection the Senate began to address this issue ice Secretaries to pay 100 percent tui- (b). S4736 CONGRESSIONAL RECORD — SENATE June 8, 2000 The PRESIDING OFFICER. Without On promotion to grades E–5 through will urge through a sense of Congress further debate, the amendment is E–8, the gap between military and ci- that the President should adequately agreed to. vilian pay begins to widen. Last year’s request in the DoD budget the funds The amendment (No. 3227) was agreed pay table reform, which helped to al- necessary to modernize these forces, to. leviate this gap, increased the pay of and support their training and readi- Mr. WARNER. Mr. President, I move mid-grade officers, but is lacking for ness accounts to ensure that the Total to reconsider the vote. the mid-grade enlisted force. Force can continue to support our Na- Mr. LEVIN. I move to lay that mo- My amendment would alleviate this tional Military Strategy. tion on the table. inequity by increasing the pay for E–5s, Second, this amendment will author- The motion to lay on the table was E–6s and E–7s to the same level as ize National Guard and reserve agreed to. those of officers with similar lengths of servicemembers to travel for duty or AMENDMENT NO. 3228 service. The amendment is estimated training on a space-required basis on (Purpose: To amend titles 10 and 38, United to cost approximately $200–300 million military airlift between the States Code, to strengthen the financial se- a year and is similar to legislation re- servicemember’s home of record and curity of families of uniformed services cently introduced in the House. their place of duty. personnel in cases of loss of family mem- My second amendment would provide Third, it will authorize National bers) low-cost survivor benefit plan improve- Guard and reserve servicemembers who Mr. WARNER. On behalf of Senator ments for the survivors of active duty travel more than 50 miles from their MCCAIN, I offer an amendment that personnel who die in the line of duty. home of record to attend their drills to will enhance the survival benefit plan Under current SBP rules, only sur- be able to stay at Bachelor Quarters on available to retired members of the vivors of retired members or those of military installations. uniformed services, and I ask unani- active duty members who have greater Fourth, it will increase from 75 to 90 mous consent to be listed as cosponsor. than 20 years of service are eligible for the maximum number of reserve retire- The PRESIDING OFFICER. Without SBP. ment points that may be credited in a objection, it is so ordered. The clerk My amendment, at an estimated cost year for reserve service. will report. of only $800 thousand in FY01 and $12.6 Finally, it will authorize legal/JAG The legislative clerk read as follows: million over 5 years, would extend SBP services be extended for up to twice the The Senator from Virginia [Mr. WARNER], coverage to all survivors of members length of period of military service for Mr. MCCAIN, for himself, Mr. WARNER, who die on active duty with the annu- after active duty recall for National and Mr. LEVIN, proposes an amendment num- ities calculated as if the member had Guard and reserve servicemembers to bered 3228. been retired with a 100% disability on handle issues or problems under the (The text of the amendment is print- the date of death. Sailor and Soldier Act. ed in today’s RECORD under ‘‘Amend- This is an inexpensive amendment In conclusion, I would like to empha- ments Submitted.’’) that would greatly help the survivors size the importance of enacting mean- Mr. MCCAIN. Mr. President, today I of our courageous servicemembers who ingful improvements for our am introducing three amendments to have made the ultimate sacrifice in the servicemembers; our Soldiers, Sailors, S. 2549, the National Defense Author- defense of our country. Airmen, Marines, their families and ization Act for FY2001. The first The second part of this amendment is their survivors. They risk their lives to amendment will provide more pay for a no-cost initiative that would allow defend our shores and preserve democ- mid-career enlisted service members. the spouses and children of active duty racy and we can not thank them The second amendment will authorize personnel to participate in the Service- enough for their service. But we can survivor benefit improvements for the man Group Life Insurance Program. pay them more, improve their benefits families of service members. The third Junior servicemembers can rarely af- to their survivors, and support the amendment will improve benefits for ford commercial insurance on their Total Force in a similar manner as the members of the National Guard and spouses and children, and the unex- active forces. Our servicemembers Reservists. pected loss of their spouses—who in past, present, and future need these im- Last year, I was pleased to see mili- many cases are the primary care givers provements, and these three amend- tary pay table reform enacted into law. of their children—places an extreme ments are just one step we can take to Our servicemembers will receive a strain on the service members’ ability show our support and improve the much needed pay raise next month, and to properly take care of their families. quality of life for our servicemembers I commend my colleagues on both sides Premiums for this insurance would and their families. of the aisle who voted for this legisla- be significantly lower than comparable The PRESIDING OFFICER. Without tion. life insurance programs, because the further debate, the amendment is However, there was one group of Serviceman Group Life Insurance Pro- agreed to. servicemembers that was under-rep- gram is composed of a consortium of The amendment (No. 3228) was agreed resented in last year’s pay table re- insurance companies. This amendment to. form. Our E–5s, E–6s and E–7s have seen would simply authorize spouses to buy Mr. WARNER. Mr. President, I move their pay erode in comparison to other up to 50% of the servicemember bene- to reconsider the vote. pay grades. With our severe recruit- fits—a maximum of $100,000 in cov- Mr. LEVIN. I move to lay that mo- ment and retention issues still loom- erage, and each dependent child could tion on the table. ing, we must adequately compensate be covered for up to $10,000. The motion to lay on the table was our mid-grade enlisted servicemembers The final amendment I have offered agreed to. who are critical to leading the junior today increases benefits for the Total Mr. LEVIN. Mr. President, I ask enlisted force. Force—members of the National Guard unanimous consent to be added as a co- We have significantly underpaid and the Reserve Components. The Na- sponsor to amendment No. 3228. these enlisted members since the ad- tional Guard and Reserves have become The PRESIDING OFFICER. Without vent of the All-Volunteer Force. The a larger percentage of the Total Force objection, it is so ordered. value of their pay, compared to that of and are essential partners in a wide AMENDMENT NO. 3229 a private/seaman/airman, has dropped range of military operations. Due to (Purpose: To provide an additional increase 50% since the all volunteer force was the high operating tempo demands on in military basic pay for enlisted members enacted by Congress. the active component, the Reserve of the uniformed services in pay grades E– The 1990s placed undue burdens on components are being called upon more 5, E–6, or E–7) our career NCOs. Their expansion of frequently and for longer periods than Mr. WARNER. Mr. President, on be- duties during the drawdown came with ever before. We must stop treating half of Senator MCCAIN, I offer an little or no pay incentives, resulting in them like a ‘‘second class’’ force. amendment that would provide an ad- the departure of mid-grade NCOs and This amendment will specifically au- ditional increase in the military basic Petty Officers from the uniformed thorize five improvements for the Na- pay for enlisted personnel in grades E5, services. tional Guard and Reserves. First, it E6, E7, and I ask unanimous consent to June 8, 2000 CONGRESSIONAL RECORD — SENATE S4737 be listed as a cosponsor of the amend- The amendment is as follows: 113 Stat. 648) is amended by striking the ment. On page 206, between lines 15 and 16, insert amounts relating to pay grades E–7, E–6, and The PRESIDING OFFICER. Without the following: E–5 and inserting the amounts for the cor- objection, it is so ordered. The clerk SEC. 610. RESTRUCTURING OF BASIC PAY TABLES responding years of service specified in the will report. FOR CERTAIN ENLISTED MEMBERS. following table: The legislative clerk read as follows: (a) IN GENERAL.—The table under the head- The Senator from Virginia [Mr. WARNER], ing ‘‘ENLISTED MEMBERS’’ in section for Mr. MCCAIN, for himself, and Mr. WAR- 601(c) of the National Defense Authorization NER, proposes an amendment numbered 3229. Act for Fiscal Year 2000 (Public Law 105–65; ENLISTED MEMBERS [Years of service computed under section 205 of title 37, United States Code]

Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6

E–7 ...... 1,765.80 1,927.80 2,001.00 2,073.00 2,148.60 E–6 ...... 1,518.90 1,678.20 1,752.60 1,824.30 1,899.40 E–5 ...... 1,332.60 1,494.00 1,566.00 1,640.40 1,715.70

Over 8 Over 10 Over 12 Over 14 Over 16

E–7 ...... 2,277.80 2,350.70 2,423.20 2,495.90 2,570.90 E–6 ...... 2,022.60 2,096.40 2,168.60 2,241.90 2,294.80 E–5 ...... 1,821.00 1,893.00 1,967.10 1,967.60 1,967.60

Over 18 Over 20 Over 22 Over 24 Over 26

E–7 ...... 2,644.20 2,717.50 2,844.40 2,926.40 3,134.40 E–6 ...... 2,332.00 2,332.00 2,335.00 2,335.00 2,335.00 E–5 ...... 1,967.60 1,967.60 1,967.60 1,967.60 1,967.60

(b) APPLICATION OF AMENDMENTS.—The Subsection (a) of section 18505 of title 10, duty personnel, shall be required of reserve amendments made by subsection (a) shall United States Code, is amended to read as component personnel using space-available take effect as of October 1, 2000, and shall follows: transportation within or outside the conti- apply with respect to months beginning on ‘‘(a) A member of a reserve component nental United States under this section.’’. or after that date. traveling to a place of annual training duty (c) CLERICAL AMENDMENTS.—The table of The PRESIDING OFFICER. Without or inactive-duty training (including a place sections at the beginning of such chapter is further debate, the amendment is other than the member’s unit training as- amended by striking the item relating to sembly if the member is performing annual agreed to. section 18505 and inserting the following new training duty or inactive-duty training in items: The amendment (No. 3229) was agreed another location) may travel in a space-re- ‘‘18505. Reserves traveling to annual training to. quired status on aircraft of the armed forces duty or inactive-duty training: Mr. WARNER. Mr. President, I move between the member’s home and the place of authority for space-required to reconsider the vote. such duty or training.’’. Mr. LEVIN. I move to lay that mo- (2) The heading of such section is amended travel. tion on the table. to read as follows: ‘‘18506. Space-available travel: Selected Re- serve members and reserve re- The motion to lay on the table was ‘‘§ 18505. Reserves traveling to annual train- tirees under age 60; depend- agreed to. ing duty or inactive-duty training: author- ents.’’. AMENDMENT NO. 3230 ity for space-required travel’’. (d) IMPLEMENTING REGULATIONS.—Regula- (b) SPACE-AVAILABLE TRAVEL FOR MEMBERS (Purpose: To improve the benefits for mem- tions under section 18506 of title 10, United OF SELECTED RESERVE, GRAY AREA RETIREES, bers of the reserve components of the States Code, as added by subsection (b), shall AND DEPENDENTS.—Chapter 1805 of such title Armed Forces and their dependents) be prescribed not later than 180 days after is amended by adding at the end the fol- Mr. WARNER. Mr. President, on be- the date of the enactment of this Act. lowing new section: half of Senators GRAMS, MCCAIN, SES- ‘‘§ 18506. Space-available travel: Selected Re- SEC. 673. BILLETING SERVICES FOR RESERVE SIONS, ALLARD, ASHCROFT, and myself, I MEMBERS TRAVELING FOR INAC- serve members and reserve retirees under offer an amendment that would im- TIVE DUTY TRAINING. age 60; dependents prove benefits for members of the re- (a) IN GENERAL.—(1) Chapter 1217 of title ‘‘(a) ELIGIBILITY FOR SPACE-AVAILABLE 10, United States Code, is amended by insert- serve components of the Armed Forces TRAVEL.—The Secretary of Defense shall pre- ing after section 12603 the following new sec- and their dependents. scribe regulations to allow persons described tion: The PRESIDING OFFICER. The in subsection (b) to receive transportation on clerk will report. aircraft of the Department of Defense on a ‘‘§ 12604. Billeting in Department of Defense The legislative clerk read as follows: space-available basis under the same terms facilities: Reserves attending inactive-duty The Senator from Virginia [Mr. WARNER], and conditions (including terms and condi- training for Mr. GRAMS, for himself, Mr. MCCAIN, Mr. tions applicable to travel outside the United ‘‘(a) AUTHORITY FOR BILLETING ON SAME SESSIONS, Mr. ALLARD, Mr. ASHCROFT, Mr. States) as apply to members of the armed BASIS AS ACTIVE DUTY MEMBERS TRAVELING WARNER, and Mr. LEVIN, proposes an amend- forces entitled to retired pay. UNDER ORDERS.—The Secretary of Defense ment numbered 3230. ‘‘(b) PERSONS ELIGIBLE.—Subsection (a) ap- shall prescribe regulations authorizing a Re- The amendment is as follows: plies to the following persons: serve traveling to inactive-duty training at a ‘‘(1) A person who is a member of the Se- On page 239, after line 22, add the fol- location more than 50 miles from that Re- lected Reserve in good standing (as deter- lowing: serve’s residence to be eligible for billeting mined by the Secretary concerned) or who is in Department of Defense facilities on the Subtitle F—Additional Benefits For Reserves a participating member of the Individual same basis and to the same extent as a mem- and Their Dependents Ready Reserve of the Navy or Coast Guard in ber of the armed forces on active duty who is SEC. 671. SENSE OF CONGRESS. good standing (as determined by the Sec- traveling under orders away from the mem- It is the sense of Congress that it is in the retary concerned). ber’s permanent duty station. national interest for the President to provide ‘‘(c) DEPENDENTS.—A dependent of a person ‘‘(b) PROOF OF REASON FOR TRAVEL.—The the funds for the reserve components of the described in subsection (b) shall be provided Secretary shall include in the regulations Armed Forces (including the National Guard transportation under this section on the the means for confirming a Reserve’s eligi- and Reserves) that are sufficient to ensure same basis as dependents of members of the bility for billeting under subsection (a).’’. that the reserve components meet the re- armed forces entitled to retired pay. (2) The table of sections at the beginning of quirements specified for the reserve compo- ‘‘(d) LIMITATION ON REQUIRED IDENTIFICA- such chapter is amended by inserting after nents in the National Military Strategy, in- TION.—Neither the ‘Authentication of Re- cluding training requirements. serve Status for Travel Eligibility’ form (DD the item relating to section 12603 the fol- lowing new item: SEC. 672. TRAVEL BY RESERVES ON MILITARY Form 1853), nor or any other form, other AIRCRAFT. than the presentation of military identifica- ‘‘12604. Billeting in Department of Defense (a) SPACE-REQUIRED TRAVEL FOR TRAVEL TO tion and duty orders upon request, or other facilities: Reserves attending DUTY STATIONS INCONUS AND OCONUS.—(1) methods of identification required of active inactive-duty training. S4738 CONGRESSIONAL RECORD — SENATE June 8, 2000 (b) EFFECTIVE DATE.—Section 12604 of title I support the total force concept, but Code Talkers in recognition of their 10, United States Code, as added by sub- I don’t believe we can afford to balance contributions to the Nation during section (a), shall apply with respect to peri- DoD’s budget on the backs of our cit- World War II. ods of inactive-duty training beginning more izen soldiers and airmen. That’s why I than 180 days after the date of the enactment The PRESIDING OFFICER. The of this Act. introduced this amendment to the De- clerk will report the amendment. fense Authorization bill, along with SEC. 674. INCREASE IN MAXIMUM NUMBER OF The legislative clerk read as follows; RESERVE RETIREMENT POINTS Senators MCCAIN, ALLARD, SESSIONS, The Senator from Michigan [Mr. Levin], THAT MAY BE CREDITED IN ANY ASHCROFT, WARNER, and LEVIN. YEAR. My amendment addresses quality of for Mr. BINGAMAN, for himself and Mr. WAR- NER, proposes an amendment numbered 3231. Section 12733(3) of title 10, United States life issues. It extends space required Code, is amended by striking ‘‘but not more travel to the National Guard and Re- The amendment is as follows: than’’ and all that follows and inserting ‘‘but not more than— serves for travel to duty stations both At the end of title X, insert the following: ‘‘(A) 60 days in any one year of service be- inside and outside of the United States. SEC. 10ll. CONGRESSIONAL MEDALS FOR NAV- fore the year of service that includes Sep- It also provides the same space avail- AJO CODE TALKERS. tember 23, 1996; able travel privileges for the Guard, (a) FINDINGS.—Congress finds that— ‘‘(B) 75 days in the year of service that in- Reserves, and dependents that the (1) on December 7, 1941, the Japanese Em- cludes September 23, 1996, and in any subse- armed forces provides to retired mili- pire attacked Pearl Harbor and war was de- quent year of service before the year of serv- tary and their dependents. My amend- clared by Congress on the following day; ice that includes the date of the enactment ment gives them the same priority sta- (2) the military code developed by the of the National Defense Authorization Act United States for transmitting messages had for Fiscal Year 2001; and tus and billeting privileges as active duty personnel when traveling for been deciphered by the Japanese, and a ‘‘(C) 90 days in the year of service that in- search was made by United States Intel- cludes the date of the enactment of the Na- monthly drills. It raises the annual re- ligence to develop new means to counter the tional Defense Authorization Act for Fiscal serve retirement point maximum, upon enemy; Year 2001 and in any subsequent year of serv- which retirement pensions are based, (3) the United States Government called ice.’’. from 75 to 90. Finally, it will extend upon the Navajo Nation to support the mili- SEC. 675. AUTHORITY FOR PROVISION OF LEGAL free legal services to Selected Reserv- tary effort by recruiting and enlisting 29 SERVICES TO RESERVE COMPONENT ists by Judge Advocate General officers Navajo men to serve as Marine Corps Radio MEMBERS FOLLOWING RELEASE Operators; FROM ACTIVE DUTY. for a time equal to twice the length of their last period of active duty service. (4) the number of Navajo enlistees later in- (a) LEGAL SERVICES.—Section 1044(a) of creased to more than 350; title 10, United States Code, is amended— I believe the dramatic increase in (5) at the time, the Navajos were often (1) by redesignating paragraph (4) as para- overseas active-duty assignments for treated as second-class citizens, and they graph (5); and reserve members merits the extension were a people who were discouraged from (2) by inserting after paragraph (3) the fol- of military benefits for our Nation’s using their own native language; lowing new paragraph (4): citizen soldiers. It is only fair to close (6) the Navajo Marine Corps Radio Opera- ‘‘(4) Members of reserve components of the these disparities. This amendment tors, who became known as the ‘‘Navajo armed forces not covered by paragraph (1) or Code Talkers’’, were used to develop a code (2) following release from active duty under would restore fairness to Guard and Reserve members, and it would using their native language to communicate a call or order to active duty for more than military messages in the Pacific; 30 days issued under a mobilization author- strengthen our national defense and in- (7) to the enemy’s frustration, the code de- ity (as determined by the Secretary of De- crease our military readiness by alle- veloped by these Native Americans proved to fense), but only during the period that begins viating many of the recruitment and be unbreakable, and was used extensively on the date of the release and is equal to at retention problems. throughout the Pacific theater; least twice the length of the period served on These are difficult days, without (8) the Navajo language, discouraged in the active duty under such call or order to active clear and easy answers. But I’m glad past, was instrumental in developing the duty.’’. most significant and successful military (b) DEPENDENTS.—Paragraph (5) of such that, as we often have during trying times, we’re able to turn to the men code of the time; section, as redesignated by subsection (a)(1), (9) at Iwo Jima alone, the Navajo Code is amended by striking ‘‘and (3)’’ and insert- and women of the National Guard and Talkers passed more than 800 error-free mes- ing ‘‘(3), and (4)’’. Reserves to help ease the way. We must sages in a 48-hour period; (c) IMPLEMENTING REGULATIONS.—Regula- not forget their sacrifices. For in the (10) use of the Navajo Code was so success- tions to implement the amendments made words of President Calvin Coolidge, ful, that— by this section shall be prescribed not later ‘‘the nation which forgets its defenders (A) military commanders credited it in than 180 days after the date of the enactment will itself be forgotten.’’ saving the lives of countless American sol- of this Act. The PRESIDING OFFICER. Without diers and in the success of the engagements Mr. GRAMS. Mr. President, I thank further debate, the amendment is of the United States in the battles of Guadal- Chairman WARNER for his help and agreed to. canal, Tarawa, Saipan, Iwo Jima, and Oki- nawa; leadership in accepting my amendment The amendment (No. 3230) was agreed to help our National Guard and Re- (B) some Code Talkers were guarded by fel- to. low Marines, whose role was to kill them in serves. Without his steadfast support Mr. WARNER. Mr. President, I move case of imminent capture by the enemy; and for our military personnel, the changes to reconsider the vote. (C) the Navajo Code was kept secret for 23 being endorsed in my amendment Mr. LEVIN. I move to lay that mo- years after the end of World War II; would not be possible. tion on the table. (11) following the conclusion of World War In an attempt to maintain a strong The motion to lay on the table was II, the Department of Defense maintained national defense despite budget cuts, agreed to. the secrecy of the Navajo Code until it was the President has increasingly asked Mr. LEVIN. Mr. President, I ask declassified in 1968; and the Guard and Reserves to make up the (12) only then did a realization of the sac- unanimous consent to be added as a co- rifice and valor of these brave Native Ameri- difference. Work days contributed by sponsor of amendment No. 3230. cans emerge from history. reservists have risen from 1 million The PRESIDING OFFICER. Without (b) CONGRESSIONAL MEDALS AUTHORIZED.— days in 1992, to over 13 million days objection, it is so ordered. To express recognition by the United States last year. If you look at the Armed AMENDMENT NO. 3231 and its citizens in honoring the Navajo Code Forces personnel participating in the (Purpose: To authorize the President to Talkers, who distinguished themselves in Bosnia and Kosovo operations, 33 per- award the gold and silver medals on behalf performing a unique, highly successful com- cent are members of the Guard and Re- of the Congress to the Navajo Code Talk- munications operation that greatly assisted serves in Bosnia and 22 percent in ers, in recognition of their contributions to in saving countless lives and hastening the Kosovo. The National Guard can pro- the Nation) end of World War II in the Pacific, the Presi- vide many of the same services as the Mr. LEVIN. Mr. President, on behalf dent is authorized— (1) to award to each of the original 29 Nav- active duty personnel at a fraction of of Senator BINGAMAN, I offer an amend- ajo Code Talkers, or a surviving family the cost. But what impact does this ment that would authorize the Presi- member, on behalf of the Congress, a gold have on Guardsmen, Reservists, and dent to award gold and silver medals medal of appropriate design, honoring the their families? on behalf of Congress to the Navaho Navajo Code Talkers; and June 8, 2000 CONGRESSIONAL RECORD — SENATE S4739 (2) to award to each person who qualified II and to thank Senator BINGAMAN for ‘‘(e) RESIDENTS BEFORE FISCAL YEAR 2001.— as a Navajo Code Talker (MOS 642), or a sur- remembering them and having us as a A resident of the Retirement Home on Sep- viving family member, on behalf of the Con- body remember them. That is a real tember 30, 2000, may not be charged a month- gress, a silver medal of appropriate design, service, too. We are both grateful to ly fee under this section in an amount that honoring the Navajo Code Talkers. exceeds the amount of the monthly fee Senator BINGAMAN. (c) DESIGN AND STRIKING.—For purposes of charged that resident for the month of Sep- the awards authorized by subsection (b), the Mr. WARNER. In other words, the tember 2000.’’. Secretary of the Treasury (in this section re- enemy simply did not, if they picked (d) EFFECTIVE DATE.—The amendments ferred to as the ‘‘Secretary’’) shall strike up this language with their listening made by this section shall take effect on Oc- gold and silver medals with suitable em- systems, have the vaguest idea. There tober 1, 2000. blems, devices, and inscriptions, to be deter- are stories of the confusion of the The PRESIDING OFFICER. Without mined by the Secretary. enemy: They didn’t know who it was on further debate, the amendment is (d) DUPLICATE MEDALS.—The Secretary the beach, what was coming at them. It agreed to. may strike and sell duplicates in bronze of was remarkable. The amendment (No. 3232) was agreed the medals struck pursuant to this section, Mr. LEVIN. It is a great bit of his- under such regulations as the Secretary may to. tory, and it is great to be reminded of Mr. WARNER. Mr. President, I move prescribe, and at a price sufficient to cover it. the costs thereof, including labor, materials, to reconsider the vote. Mr. WARNER. Indeed. Mr. LEVIN. I move to lay that mo- dies, use of machinery, and overhead ex- Mr. LEVIN. I hope it has been writ- penses, and the cost of the medals. tion on the table. ten up because it is not familiar to me. (e) NATIONAL MEDALS.—The medals struck The motion to lay on the table was I am now going to become familiar pursuant to this section are national medals agreed to. for purposes of chapter 51, of title 31, United with it. AMENDMENT NO. 3233 States Code. Mr. WARNER. There were quite a few (f) AUTHORITY TO USE FUND AMOUNTS.— stories written about them. They were (Purpose: To request the President to ad- There is authorized to be charged against the self-effacing, humble people, proud to vance the late Rear Admiral Husband E. United States Mint Public Enterprise Fund, be identified with their tribes. They Kimmel on the retired list of the Navy to the highest grade held as Commander in not more than $30,000, to pay for the costs of went back into the sinews of America, the medals authorized by this section. Chief, United States Fleet, during World as so many of the men and women did, War II, and to advance the late Major Gen- (g) PROCEEDS OF SALE.—Amounts received to take up their responsibilities at from the sale of duplicate medals under this eral Walter C. Short on the retired list of section shall be deposited in the United home. the Army to the highest grade held as States Mint Public Enterprise Fund. AMENDMENT NO. 3232 Commanding General, Hawaiian Depart- ment, during World War II, as was done Mr. WARNER. Mr. President, I ask (Purpose: To revise the fee structure for resi- dents of the Armed Forces Retirement under the Officer Personnel Act of 1947 for unanimous consent to be added as a co- Home) all other senior officers who served in posi- sponsor of the amendment. Mr. WARNER. Mr. President, on be- tions of command during World War II; and to express the sense of Congress regarding The PRESIDING OFFICER. Without half of Senator LOTT, I offer an amend- objection, it is so ordered. ment that would revise the fee struc- the professional performance of Admiral Kimmel and Lieutenant General Short) Without further debate, the amend- ture for residents of the Armed Serv- Mr. LEVIN. Mr. President, on behalf ment is agreed to. ices Retirement Home. The amendment (No. 3231) was agreed The PRESIDING OFFICER. The of Senator KENNEDY, I offer an amend- to. clerk will report. ment that would authorize the Presi- Mr. LEVIN. Mr. President, I move to The legislative clerk read as follows: dent to advance Rear Adm. Husband reconsider the vote. The Senator from Virginia [Mr. WARNER], Kimmel on the retired list to the high- Mr. WARNER. I move to lay that mo- for Mr. LOTT, proposes an amendment num- est grade held as commander in chief, tion on the table. bered 3232. U.S. Fleet, during World War II and to The motion to lay on the table was The amendment is as follows: advance Army Maj. Gen. Walter Short agreed to. On page 236, between lines 6 and 7, insert on the retirement list of the Army to Mr. WARNER. Mr. President, let me the following: the highest grade held as commanding expand on this and say how much I re- SEC. 646. FEES PAID BY RESIDENTS OF THE general, Hawaiian Department, during ARMED FORCES RETIREMENT spect Senator BINGAMAN for bringing World War II. HOME. The PRESIDING OFFICER. The this to the attention of the Senate and (a) NAVAL HOME.—Section 1514 of the incorporating this most well-deserved Armed Forces Retirement Home Act of 1991 clerk will report the amendment. recognition on behalf of these individ- (24 U.S.C. 414) is amended by striking sub- The legislative clerk read as follows: uals. section (d) and inserting the following: The Senator from Michigan [Mr. LEVIN], Again, with brief service in the con- ‘‘(d) NAVAL HOME.—The monthly fee re- for Mr. KENNEDY, for himself, Mr. THURMOND, quired to be paid by a resident of the Naval Mr. ROTH, and Mr. BIDEN, proposes an cluding months of the war, particularly Home under subsection (a) shall be as fol- amendment numbered 3233. while I was in the Navy, the Marine lows: The amendment is as follows: Corps utilized these individuals a great ‘‘(1) For a resident in an independent living deal. What they would do is get on the status, $500. On page 200, after line 23, insert the fol- walkie-talkies in the heat of battle and ‘‘(2) For a resident in an assisted living lowing: status, $750. SEC. 566. SENIOR OFFICERS IN COMMAND IN HA- in their native tongue communicate WAII ON DECEMBER 7, 1941. the orders of the officers and non- ‘‘(3) For a resident of a skilled nursing fa- cility, $1,250.’’. (a) FINDINGS.—Congress makes the fol- commissioned officers to forward and (b) UNITED STATES SOLDIERS’ AND AIRMEN’S lowing findings: other positions, subjecting themselves HOME.—Subsection (c) of such section is (1) Rear Admiral Husband E. Kimmel, for- to the most intense elements of combat amended— merly the Commander in Chief of the United at the time. They were very brave indi- (1) by striking ‘‘(c) FIXING FEES.—’’ and in- States Fleet and the Commander in Chief, viduals. They performed a remarkable serting ‘‘(c) UNITED STATES SOLDIERS’ AND United States Pacific Fleet, had an excellent service. Here we are, some 56 years AIRMEN’S HOME.—’’; and unassailable record throughout his ca- reer in the United States Navy prior to the after the intensity of the fighting in (2) in paragraph (1)— (A) by striking ‘‘the fee required by sub- December 7, 1941, attack on Pearl Harbor. the Pacific, which began in 1941, hon- section (a) of this section’’ and inserting (2) Major General Walter C. Short, for- oring them. They were magnificent ‘‘the fee required to be paid by residents of merly the Commander of the United States human beings, and the men in the for- the United States Soldiers’ and Airmen’s Army Hawaiian Department, had an excel- ward units of combat appreciated what Home under subsection (a)’’; and lent and unassailable record throughout his they did. I salute our distinguished col- (B) by striking ‘‘needs of the Retirement career in the United States Army prior to league. I am delighted to be a cospon- Home’’ and inserting ‘‘needs of that estab- the December 7, 1941, attack on Pearl Har- sor. lishment’’; and bor. (3) Numerous investigations following the Mr. LEVIN. Mr. President, I join my (3) in paragraph (2), by striking the second sentence. attack on Pearl Harbor have documented good friend, Senator WARNER, in (c) SAVINGS PROVISION.—Such section is that Admiral Kimmel and Lieutenant Gen- thanking and commending the men for further amended by adding at the end the eral Short were not provided necessary and their gallant service during World War following: critical intelligence that was available, that S4740 CONGRESSIONAL RECORD — SENATE June 8, 2000 foretold of war with Japan, that warned of Army found that Lieutenant General Short emy Alumni Association, the Retired Offi- imminent attack, and that would have alert- ‘‘was unjustly held responsible for the Pearl cers Association, and the Pearl Harbor Com- ed them to prepare for the attack, including Harbor disaster’’ and that ‘‘it would be equi- memorative Committee, and other associa- such essential communiques as the Japanese table and just’’ to advance him to the rank tions and numerous retired military officers Pearl Harbor Bomb Plot message of Sep- of lieutenant general on the retired list. have called for the rehabilitation of the rep- tember 24, 1941, and the message sent from (13) In October 1994, the then Chief of Naval utations and honor of Admiral Kimmel and the Imperial Japanese Foreign Ministry to Operations, Admiral Carlisle Trost, withdrew Lieutenant General Short through their the Japanese Ambassador in the United his 1988 recommendation against the ad- posthumous advancement on the retired lists States from December 6 to 7, 1941, known as vancement of Admiral Kimmel and rec- to their highest wartime grades. the Fourteen-Part Message. ommended that the case of Admiral Kimmel (b) ADVANCEMENT OF REAR ADMIRAL KIM- (4) On December 16, 1941, Admiral Kimmel be reopened. MEL AND MAJOR GENERAL SHORT ON RETIRED and Lieutenant General Short were relieved (14) Although the Dorn Report, a report on LISTS.—(1) The President is requested— of their commands and returned to their per- the results of a Department of Defense study (A) to advance the late Rear Admiral Hus- manent ranks of rear admiral and major gen- that was issued on December 15, 1995, did not band E. Kimmel to the grade of admiral on eral. provide support for an advancement of Rear the retired list of the Navy; and (5) Admiral William Harrison Standley, Admiral Kimmel or Major General Short in (B) to advance the late Major General Wal- who served as a member of the investigating grade, it did set forth as a conclusion of the ter C. Short to the grade of lieutenant gen- commission known as the Roberts Commis- study that ‘‘responsibility for the Pearl Har- eral on the retired list of the Army. sion that accused Admiral Kimmel and Lieu- bor disaster should not fall solely on the (2) Any advancement in grade on a retired tenant General Short of ‘‘dereliction of shoulders of Admiral Kimmel and Lieuten- list requested under paragraph (1) shall not duty’’ only six weeks after the attack on ant General Short, it should be broadly increase or change the compensation or ben- Pearl Harbor, later disavowed the report shared’’. efits from the United States to which any maintaining that ‘‘these two officers were (15) The Dorn Report found that ‘‘Army person is now or may in the future be enti- martyred’’ and ‘‘if they had been brought to and Navy officials in Washington were privy tled based upon the military service of the trial, both would have been cleared of the to intercepted Japanese diplomatic commu- officer advanced. charge’’. nications...which provided crucial con- (c) SENSE OF CONGRESS REGARDING THE (6) On October 19, 1944, a Naval Court of In- firmation of the imminence of war’’; that PROFESSIONAL PERFORMANCE OF ADMIRAL quiry exonerated Admiral Kimmel on the ‘‘the evidence of the handling of these mes- KIMMEL AND LIEUTENANT GENERAL SHORT.—It grounds that his military decisions and the sages in Washington reveals some ineptitude, is the sense of Congress that— disposition of his forces at the time of the some unwarranted assumptions and (1) the late Rear Admiral Husband E. Kim- December 7, 1941, attack on Pearl Harbor misestimations, limited coordination, am- mel performed his duties as Commander in were proper ‘‘by virtue of the information biguous language, and lack of clarification Chief, United States Pacific Fleet, com- that Admiral Kimmel had at hand which in- and followup at higher levels’’; and, that ‘‘to- petently and professionally, and, therefore, dicated neither the probability nor the im- gether, these characteristics resulted in fail- the losses incurred by the United States in minence of an air attack on Pearl Harbor’’; ure...to appreciate fully and to convey to the attacks on the naval base at Pearl Har- criticized the higher command for not shar- the commanders in Hawaii the sense of focus bor, Hawaii, and other targets on the island ing with Admiral Kimmel ‘‘during the very and urgency that these intercepts should of Oahu, Hawaii, on December 7, 1941, were critical period of November 26 to December have engendered’’. not a result of dereliction in the performance 7, 1941, important information...regarding (16) On July 21, 1997, Vice Admiral David C. of those duties by the then Admiral Kimmel; the Japanese situation’’; and, concluded that Richardson (United States Navy, retired) re- and the Japanese attack and its outcome was at- sponded to the Dorn Report with his own (2) the late Major General Walter C. Short tributable to no serious fault on the part of study which confirmed findings of the Naval performed his duties as Commanding Gen- anyone in the naval service. Court of Inquiry and the Army Pearl Harbor eral, Hawaiian Department, competently and (7) On June 15, 1944, an investigation con- Board of Investigation and established, professionally, and, therefore, the losses in- ducted by Admiral T. C. Hart at the direc- among other facts, that the war effort in 1941 curred by the United States in the attacks tion of the Secretary of the Navy produced was undermined by a restrictive intelligence evidence, subsequently confirmed, that es- distribution policy, and the degree to which on Hickam Army Air Field and Schofield sential intelligence concerning Japanese in- the commanders of the United States forces Barracks, Hawaii, and other targets on the tentions and war plans was available in in Hawaii were not alerted about the im- island of Oahu, Hawaii, on December 7, 1941, Washington but was not shared with Admiral pending attack on Hawaii was directly at- were not a result of dereliction in the per- Kimmel. tributable to the withholding of intelligence formance of those duties by the then Lieu- (8) On October 20, 1944, the Army Pearl from Admiral Kimmel and Lieutenant Gen- tenant General Short. Harbor Board of Investigation determined eral Short. Mr. KENNEDY. Mr. President, I am that Lieutenant General Short had not been (17) The Officer Personnel Act of 1947, in proud to join my colleagues in again kept ‘‘fully advised of the growing tenseness establishing a promotion system for the offering this amendment to restore the of the Japanese situation which indicated an Navy and the Army, provided a legal basis reputations of two distinguished mili- increasing necessity for better preparation for the President to honor any officer of the for war’’; detailed information and intel- Armed Forces of the United States who tary officers who have unfairly borne ligence about Japanese intentions and war served his country as a senior commander the sole blame for the success of the plans were available in ‘‘abundance’’ but during World War II with a placement of Japanese attack on Pearl Harbor at the were not shared with the General Short’s Ha- that officer, with the advice and consent of beginning of World War II—Admiral waii command; and General Short was not the Senate, on the retired list with the high- Husband E. Kimmel of the United provided ‘‘on the evening of December 6th est grade held while on the active duty list. States Navy and General Walter C. and the early morning of December 7th, the (18) Rear Admiral Kimmel and Major Gen- Short of the United States Army. critical information indicating an almost eral Short are the only two eligible officers The Senate passed this same amend- immediate break with Japan, though there from World War II who were excluded from was ample time to have accomplished this’’. the list of retired officers presented for ad- ment as part of last year’s Department (9) The reports by both the Naval Court of vancement on the retired lists to their high- of Defense Authorization Act, but un- Inquiry and the Army Pearl Harbor Board of est wartime ranks under the terms of the Of- fortunately it was dropped in con- Investigation were kept secret, and Rear Ad- ficer Personnel Act of 1947. ference. Now, our amendment is part of miral Kimmel and Major General Short were (19) This singular exclusion from advance- this year’s House version of the De- denied their requests to defend themselves ment on the retired list serves only to per- fense Authorization Act. through trial by court-martial. petuate the myth that the senior com- At last, we have an excellent oppor- (10) The joint committee of Congress that manders in Hawaii were derelict in their tunity to correct a serious wrong from was established to investigate the conduct of duty and responsible for the success of the Admiral Kimmel and Lieutenant General attack on Pearl Harbor, a distinct and unac- World War II that has unfairly tar- Short completed, on May 31, 1946, a 1,075- ceptable expression of dishonor toward two nished the reputation of our military page report which included the conclusions of the finest officers who have served in the and our nation for justice and honor. of the committee that the two officers had Armed Forces of the United States. Admiral Kimmel and General Short not been guilty of dereliction of duty. (20) Major General Walter Short died on were the Navy and Army commanders (11) The then Chief of Naval Personnel, Ad- September 23, 1949, and Rear Admiral Hus- at Pearl Harbor during the attack on miral J. L. Holloway, Jr., on April 27, 1954, band Kimmel died on May 14, 1968, without December 7, 1941. Despite their loyal recommended that Admiral Kimmel be ad- the honor of having been returned to their and distinguished service, they were vanced in rank in accordance with the provi- wartime ranks as were their fellow veterans sions of the Officer Personnel Act of 1947. of World War II. unfairly turned into scapegoats for the (12) On November 13, 1991, a majority of the (21) The Veterans of Foreign Wars, the nation’s lack of preparation for that members of the Board for the Correction of Pearl Harbor Survivors Association, the Ad- attack and the catastrophe that took Military Records of the Department of the miral Nimitz Foundation, the Naval Acad- place. June 8, 2000 CONGRESSIONAL RECORD — SENATE S4741 Justice for these men is long over- reputation of Admiral Kimmel, despite the Both commanders were assured by due. Wartime investigations after the fact that the finding was later repudiated their superiors they were getting the attack concluded that our fleet in Ha- and found groundless. best intelligence available at the time. I am satisfied that Admiral Kimmel was waii under the command of Admiral There were no prudent defensive op- subject to callous and cruel treatment by his tions available for the officers that Kimmel and our land forces under the superiors who were attempting to deflect the command of General Short had been blame ultimately ascribed to them, particu- would have significantly affected the properly positioned, given the informa- larly on account of their strange behavior on outcome of the attack. tion they had received. The investiga- the evening of December 6 and morning of On numerous occasions, history has tions also found that their superior of- December 7 in failing to warn the Pacific vindicated the axiom that ‘‘victory ficers in Washington had not passed on Fleet and the Hawaiian Army Department finds a hundred fathers but defeat is an vital intelligence information that that a Japanese attack on the United States orphan.’’ Admiral Kimmel and General was scheduled for December 7, and that Short have been solely and unjustly could have made a difference in Amer- intercepted intelligence indicated that Pearl ica’s preparedness for the attack. rendered the ‘‘fathers of Pearl Harbor.’’ Harbor was a most probable point of attack. Responsibility for this catastrophe is These conclusions of the wartime in- Washington had this intelligence and knew vestigations were kept secret, in order just not that simple. that the Navy and Army in Hawaii did not It is extremely perplexing that al- to protect the war effort. Clearly, there have it, or any means of obtaining it. most everyone above Kimmel and is no longer any justification for ignor- Subsequent investigation by both services repudiated the ‘‘dereliction of duty’’ charge. Short escaped censure. Yet, we know ing these facts. now that civilian and military officials Since these initial findings, numer- In the case of Admiral Kimmel, the Naval Court of Inquiry found that his plans and dis- in Washington withheld vital intel- ous military, governmental, and con- positions were adequate and competent in ligence information which could have gressional investigations have con- light of the information which he had from more fully alerted the field com- cluded that the blame for this attack Washington. manders to their imminent peril. should have been widely shared. This Adequate and competent in light of The bungling that left the Pacific amendment, and the case for Admiral the information which he had from Fleet exposed and defenseless that day Kimmel and General Short, have re- Washington. did not begin and end in Hawaii. In ceived strong support from former Mr. Hanify concludes, ‘‘The proposed 1995, I held an in-depth meeting to re- Chiefs of Naval Operations, Army legislation provides some measure of view this matter which included the of- Chiefs of Staff, and Chairmen of the remedial justice to a conscientious of- ficers’ families, historians, experts, and Joint Chiefs of Staff, including Admi- ficer who for years unjustly bore the retired high-ranking military officers, ral Thomas H. Moorer, Admiral Car- odium and disgrace associated with the who all testified in favor of the two lisle Trost, Admiral J.L. Holloway III, Pearl Harbor catastrophe.’’ commanders. Admiral William J. Crowe, Admiral Last year, the Senate took a giant In response to this review, Under De- Elmo Zumwalt, General Andrew J. step toward correcting this great fense Secretary Edwin Dorn’s subse- Goodpaster, and General William J. wrong by passing our amendment. I quent report disclosed officially—for McCaffrey. urge the Senate to support this amend- the first time—that blame should be Our amendment recommends that ment again this year. ‘‘broadly shared.’’ The Dorn Report the President posthumously advance Mr. THURMOND. Mr. President, I stated members of the high command Admiral Kimmel and General Short to rise in support of my colleague Senator in Washington were privy to inter- their highest wartime rank in accord KENNEDY’s amendment which would cepted Japanese messages that in their with the Officer Personnel Act of 1947. act on restoring the honor and rank of totality ‘‘. . . pointed strongly toward Admiral Kimmel and General Short are Admiral Kimmel and General Short. I an attack on Pearl Harbor on the 7th of the only two officers eligible under this have been working on this issue since December, 1941 . . .’’ and that this in- act who did not receive advancement 1985. telligence was never sent to the Hawai- on the retired list. The amendment in- In my opinion, Admiral Kimmel and ian commanders. volves no monetary compensation. It General Short are the two final victims The Dorn Report went so far as to simply asks that now, at this late date, of Pearl Harbor. These men were doing characterize the handling of critically these two military leaders finally be their duty to the best of their ability. important decoded Japanese messages treated the same as their peers. The blame directed at these two in Washington as revealing ‘‘ineptitude I first became interested in this issue WWII flag officers for nearly six dec- . . . unwarranted assumptions and when I received a letter 2 years ago ades is undeserved. Neither Admiral misestimates, limited coordination, from a good friend in Boston who, for Kimmel nor General Short was notified ambiguous language, and lack of clari- many years, has been one of the pre- before the attack that Washington had fication and followup at higher levels.’’ They are eligible for this advance- eminent lawyers in America, Edward decoded top-secret Japanese radio ment in rank by token of the Officer B. Hanify. As a young Navy lawyer and intercepts that warned of the pending Personnel Act of 1947, which authorizes Lieutenant J.G. in 1944, Mr. Hanify was attack. Despite the fact that the retirement at highest wartime rank. charge of dereliction of duty was never assigned as counsel to Admiral Kim- All eligible officers have benefited. All mel. proved against the two officers, that except for two: Admiral Kimmel and He accompanied Admiral Kimmel charge still exists in the minds of General Short. This advancement in when he testified before the Army many people. rank would officially vindicate them. Board of Investigation, and he later This perception is wrong and must be No retroactive pay would be involved. heard the testimony in the lengthy corrected by us now. History and jus- The posthumous promotion of Admi- congressional investigation of Pearl tice argue for nothing less. Military, ral Kimmel and General Short will be a Harbor by the Roberts Commission. governmental, and congressional inves- small step in restoring honor to these Mr. Hanify is probably one of the few tigations have provided clear evidence men. surviving people who heard Kimmel’s that these two commanders were sin- It is time for Congress and the ad- testimony before the Naval Court of In- gled out for blame that should have ministration to step forward and do the quiry, and he has closely followed all been widely shared. right thing. subsequent developments on the Pearl The following are several basic irref- This year is the 59th anniversary of Harbor catastrophe and the allocation utable facts about this issue: the Pearl Harbor attack, providing an of responsibility for that disaster. The intelligence made available to appropriate time to promote Admiral I would like to quote a few brief para- the Pearl Harbor commanders was not Kimmel and General Short. I urge graphs from Mr. Hanify’s letter, be- sufficient to justify a higher level of adoption of the amendment and yield cause it eloquently summarizes the vigilance than was maintained prior to the floor. overwhelming case for justice for Ad- the attack. Mr. ROTH. Mr. President, I rise miral Kimmel. Mr. Hanify writes: Neither officer knew of the decoded today with my colleague from Dela- The odious charge of ‘‘dereliction of duty’’ intelligence in Washington indication ware, Senator BIDEN, and Senator KEN- made by the Roberts Commission was the the Japanese had identified the United NEDY, and Senator THURMOND to spon- cause of almost irreparable damage to the States as an enemy. sor an amendment whose intent is to S4742 CONGRESSIONAL RECORD — SENATE June 8, 2000 redress a grave injustice that haunts us war-time investigations had exoner- war warning message sent from the from the tribulations of World War II. ated these commanders of the derelic- high command in Washington as sug- On May 25 of last year, this body held tion of duty charge and criticized their gesting the need to defend against sab- an historically important vote request- higher commands for significant otage. Consequently, he concentrated ing the long-overdue, posthumous ad- failings that contributed to the success his aircraft away from perimeter roads vancement of two fine World War II of- of the attack on Pearl Harbor. More to protect them, thus inadvertently in- ficers, Admiral Husband Kimmel and than six studies and investigations creasing their vulnerability to air at- General Walter Short. The Senate conducted after the war, including one tack. When he reported his prepara- voted in support of including the Kim- Department of Defense report com- tions to the General Staff in Wash- mel-Short resolution as part of the De- pleted in 1995 at Senator THURMOND’s ington, the General Staff took no steps fense Authorization Bill for Fiscal request, reconfirmed these findings. to clarify the reality of the situation. Year 2000, but the provision was not in- Our amendment is a rewrite of Sen- In 1946 before a Joint Congressional cluded in the final legislation. This ate Joint Resolution 19, the Kimmel- Committee on the Pearl Harbor dis- year, the House of Representatives had Short Resolution, that I, Senator aster General Marshall testified that included the exact language of the Sen- BIDEN, Senator THURMOND, Senator he was responsible for ensuring the ate amendment adopted last year, and HELMS, Senator STEVENS, Senator proper disposition of General Short’s so we are again seeking the Senate to COCHRAN, Senator KENNEDY, Senator forces. He acknowledged that he must support inclusion of this important res- DOMENICI, Senator SPECTER, Senator have received General Short’s report, olution. ENZI, Senator MURKOWSKI, Senator which would have been his opportunity Admiral Husband Kimmel and Gen- ABRAHAM, Senator CRAIG, Senator DUR- to issue a corrective message, and that eral Walter Short were the two senior BIN, Senator JOHN KERRY, Senator KYL, he failed to do so. commanders of U.S. forces deployed in Senator HOLLINGS, Senator BOB SMITH, Mr. President, General Marshall’s in- the Pacific at the time of the disas- Senator COLLINS, Senator LANDRIEU, tegrity and sense of responsibility is a trous surprise December 7, 1941, attack Senator VOINOVICH, Senator DEWINE, model for all of us. I only wish it had on Pearl Harbor. In the immediate and Senator FEINSTEIN—a total of 23 been able to have greater influence aftermath of the attack, they were un- co-sponsors—introduced last April. It over the case of Admiral Kimmel and fairly and publicly charged with dere- is the same amendment this body General Short. A third theme of these investigations liction of duty and blamed as sin- adopted by a rollcall vote last May. It concerned the failure of the Depart- gularly responsible for the success of is the same amendment accepted by ment of War and the Department of the that attack. the House Armed Services Committee Navy to properly manage the flow of Less than 6 weeks after the Pearl as part of their version of the Depart- intelligence. The 1995 Department of Harbor attack, in a hastily prepared re- ment of Defense authorization bill. Defense report stated that the handling port to the President, the Roberts The amendment calls upon the Presi- of intelligence in Washington during Commission—perhaps the most flawed dent of the United States to advance the time leading up to the attack on and unfortunately most influential in- posthumously on the retirement lists Pearl Harbor was characterized by, vestigation of the disaster—levelled Admiral Kimmel and General Short to among other faults, ineptitude, limited the dereliction of duty charge against the grades of their highest war-time coordination, ambiguous language, and Kimmel and Short—a charge that was commands. Its passage would commu- lack of clarification and follow-up. immediately and highly publicized. nicate the Senate’s recognition of the The fourth and most important Admiral William Harrison Standley, injustice done to them and call upon theme that permeates the aforemen- who served as a member of this Com- the President to take corrective ac- tioned reports is that blame for the dis- mission, later disavowed its report, tion. aster at Pearl Harbor cannot be placed stating that these two officers were Such a statement by the Senate only upon the Hawaiian commanders. ‘‘martyred’’ and ‘‘if they had been would do much to remove the stigma of They all underscored significant fail- brought to trial, they would have been blame that so unfairly burdens the rep- ures and shortcomings of the senior au- cleared of the charge.’’ utations of these two officers. It is a thorities in Washington that contrib- Later, Admiral J.O. Richardson, who correction consistent with our mili- uted significantly—if not predomi- was Admiral Kimmel’s predecessor as tary’s tradition of honor. nantly—to the success of the surprise Commander-in-Chief, U.S. Pacific Fleet Mr. President, the investigations pro- attack on Pearl Harbor. wrote: viding clear evidence that Admiral The 1995 Department of Defense re- ‘‘In the impression that the Roberts Kimmel and General Short were un- port put it best, stating that ‘‘responsi- Commission created in the minds of fairly singled out for blame include a bility for the Pearl Harbor disaster the American people, and in the way it 1944 Navy Court of Inquiry, the 1944 should not fall solely on the shoulders was drawn up for that specific purpose, Army Pearl Harbor Board of Investiga- of Admiral Kimmel and General Short; I believe that the report of the Roberts tion, a 1946 Joint Congressional Com- it should be broadly shared.’’ Commission was the most unfair, un- mittee, and a 1991 Army Board for the This is an important quote. It shows just, and deceptively dishonest docu- Correction of Military Records. that the Department of Defense recog- ment ever printed by the Government The findings of these official reports nizes that these two commanders Printing Office.’’ can be summarized as four principal should not be singled out for blame. After the end of World War II, this points. Yet, still today on this issue, our gov- scapegoating was given a painfully en- First, there is ample evidence that ernment’s words do not match its ac- during veneer when Admiral Kimmel the Hawaiian commanders were not tions. Kimmel and Short remain the and General Short were not advanced provided vital intelligence that they only two officials who have been forced on the retired lists to their highest needed, and that was available in to pay a price for the disaster at Pearl ranks of war-time command—an honor Washington prior to the attack on harbor. that was given to every other senior Pearl Harbor. Let me add one poignant fact about commander who served in war-time po- Second, the disposition of forces in the two wartime investigations. Their sitions above his regular grade. Hawaii were proper and consistent with conclusions—that Kimmel’s and Admiral Kimmel, a two star admiral, the information made available to Ad- Short’s forces had been properly dis- served in four star command. General miral Kimmel and General Short. posed according to the information Short, a two star general, served in a In my review of this fundamental available to them and that their supe- three star command. Let me repeat, point, I was most struck by the honor riors had failed to share important in- advancement on the on retired lists and integrity demonstrated by General telligence—were kept secret on the was granted to every other flag rank George Marshall who was Army Chief grounds that making them public officer who served in World War II in a of Staff at the time of the December 7, would have been detrimental to the post above their grade. 1941 attack on Pearl Harbor. war effort. That decision against Kimmel and On November 27 of that year, General Be that as it may, there is no longer Short was made despite the fact that Short interpreted a vaguely written any reason to perpetuate the cruel June 8, 2000 CONGRESSIONAL RECORD — SENATE S4743 myth that Kimmel and Short were sin- amendment that the Senate passed last military. The families of Admiral Kim- gularly responsible for the disaster at year to provide long overdue justice for mel and General Short were vilified. Pearl Harbor. Admiral Spruance, one of the two fine military officers, Admiral They received death threats. Yet, Ad- our great naval commanders of World Husband Kimmel and General Walter miral Kimmel and General Short were War II, shares this view. He put it this Short. denied their requests for a court mar- way: Last year the Senate voted to include tial. They were not allowed to properly ‘‘I have always felt that Kimmel and this amendment in the Defense author- defend themselves and their honor. Short were held responsible for Pearl ization bill, but because the House had Whatever the exigencies of wartime, Harbor in order that the American peo- not considered such a provision, it was it is unconscionable that government ple might have no reason to lose con- not included in the final conference re- actions which vilified these men and fidence in their government in Wash- port. their families should continue to stand ington. This was probably justifiable This year, having had time to con- 59 years later. It is appropriate that under the circumstances at that time, sider the facts, the House Armed Serv- government action be taken to rectify but it does not justify forever damning ices Committee included the exact this. There are very few official acts we those two fine officers.’’ same language that the Senate passed can take to rectify this. The one sug- Mr. President, this is a matter of jus- last year in their fiscal year 2001 De- gested by this amendment is to ad- tice and fairness that goes to the core fense authorization bill, which passed vance these officers on the retirement of our military tradition and our na- the full House on May 18. list. They were the only two officers el- tion’s sense of military honor. That, I also want to remind my colleagues igible for such advancement after Con- above, all should relieve us of any inhi- that this resolution has the support of gress passed the 1947 Officer Personnel bition to doing what is right and just. various veterans groups, including the Act, denied that advancement. Mr. President, this sense of the Sen- Veterans of Foreign Wars (VFW) and I also want to point out that I do not ate has been endorsed by countless the Pearl Harbor Survivors Associa- believe this is rewriting history or military officers, including those who tion. It is also a move supported by shifting blame, instead, it is acknowl- have served at the highest levels of former Chiefs of Naval Operations, in- edging the truth. The 1995 report by command. These include former Chair- cluding Admirals Thomas H. Moorer, then Undersecretary Edward Dorn said, men of the Joint Chiefs of Staff Admi- Carlisle Trost, J.L. Holloway III, Wil- ‘‘Responsibility for the Pearl Harbor ral Thomas H. Moorer and Admiral liam J. Crowe, and Elmo Zumwalt. disaster should not fall solely on the William J. Crowe, and former Chiefs of As most of you know, Admiral Kim- shoulders of Admiral Kimmel and Lieu- Naval Operations Admiral J.L. Hollo- mel and General Short commanded tenant General Short, it should be way III, Admiral Elmo R. Zumwalt and U.S. forces in the Pacific at the time of broadly shared.’’ To say that and then Admiral Carlisle A.H. Trost. the 1941 attack on Pearl Harbor. After- take no action to identify others re- Moreover a number of public organi- wards, they were blamed as completely sponsible or to rectify the absolute zations have called for posthumous ad- responsible for the success of that at- scapegoating of these two officers is to vancement of Kimmel and Short. The tack. say that military officers can be hung VFW passed a resolution calling for the I will not go through an exhaustive out to dry and cannot expect fairness advancement of Admiral Kimmel and review of this case. I think the amend- from their civilian government. General Short. ment itself provides the facts and the Again, with civilian leadership, Let me add that Senator Robert record from last year’s debate was also comes responsibility. This advance- Dole, one of our most distinguished quite thorough. Instead, I want to re- ment on the retirement ranks involves colleagues and a veteran who served view the reasons I think this is the no compensation. Instead, it upholds heroically in World War II, has also en- right action to take. the military tradition that responsible dorsed this sense of the Senate resolu- For me, this issue comes down to officers take the blame for their fail- tion. basic fairness and justice. It was en- ures, not for the failures of others. The Yesterday, June 6, is a day that shall tirely appropriate for President Roo- unfortunate reality is that Admiral forever be remembered as a date of sevelt to decide to relieve these officers Kimmel and General Short were great sacrifice and great accomplish- of their command immediately fol- blamed entirely and forced into early ment for the men who took part of Op- lowing the attack. Not only was it his retirement. As Members of Congress we eration Overload. D-Day marked the prerogative as Commander in Chief, he face no statute of limitations on treat- turning of the tide in the allied war ef- also needed to make sure the nation ing honorable people with frankness fort in Europe, and led to our victory had confidence in its military as it and finding out the truth so that we in the Second World War. headed into war. So, I can understand can learn from our mistakes. December 7, 1941, is also a date that the need, at that time, to make them By not taking any action to identify will forever be remembered. That day the scapegoats for the devastating de- those who Undersecretary Dorn says will continue to be ‘‘a date which will feat. What I do not accept is that the share the blame, we have denied our live in infamy.’’ It will serve as a con- decisions of this government in those military the opportunity to learn from stant reminder that the United States extreme times have been left to stand the multiple failures that gave Japan must remain vigilant to outside for the past 59 years. the opportunity to so devastate our threats and to always be prepared. To be more specific, it was a con- fleet. However, this amendment is about scious decision by the government to This is not to say that the sponsors justice, equity, and honor. Its purpose actively release a finding of ‘‘derelic- of this amendment want to place blame is to redress an historic wrong, to en- tion of duty’’ a mere month after Pearl in a new quarter. This is not a witch- sure that Admiral Kimmel and General Harbor. Not one of the many subse- hunt aimed at those superior officers Short are treated with the dignity and quent and substantially more thorough who were advanced in rank and contin- honor they deserve, and to ensure that investigations to follow agreed with ued to serve, despite being implicated justice and fairness fully permeate the that finding. Even worse, the findings in the losses at Pearl Harbor. Instead, memory and the important lessons of the official reviews done by the mili- it validates that the historic record, as learned from the catastrophe at Pearl tary in the Army and Navy Inquiry it is becoming clearer and clearer, is Harbor. Boards of 1944—saying that Kimmel correct to say that blame should be As we commemorate another anni- and Short’s forces were properly dis- shared. This amendment validates the versary of the success of D-Day, it is a posed—were classified and kept from instincts of those historians who have most appropriate time to redress this the public. sought the full story and not the sim- injustice. After 50 years, this correc- Think about it. We are a nation ply black-and-white version needed by tion is long overdue. I urge my col- proud to have a civilian led military. a grieving nation immediately fol- leagues to support this amendment. The concept of civilian rule is basic to lowing the attack. Mr. BIDEN. Mr. President, I and my our notion of democracy. This means So, I urge my colleagues to support colleagues—Senators ROTH, KENNEDY, that the civilian leadership also has re- this amendment again this year. Quite and THURMOND—are reintroducing an sponsibilities to the members of its simply, in the name of truth, justice, S4744 CONGRESSIONAL RECORD — SENATE June 8, 2000 and fairness, after 59 years the govern- ment last year. I would very much appre- conferred with each other on official matters ment that denied Admiral Kimmel and ciate the opportunity to discuss this issue of common interest, but invariably did so General Short a fair hearing and sup- with you. My interest in this matter goes be- when messages were received by either which pressed findings favorable to their case yond the familial. I spent ten years in the had any bearing on the development of the navy, twenty-five years in the FBI, and a United States-Japanese situation or on their while releasing hostile information lifetime of study, which I believe gives me general plans in preparing for war. Each was owes them this official action. unique perspective and insight into this sem- mindful of his own responsibility and the re- The PRESIDING OFFICER. Without inal event. sponsibilities vested in the other. Each was objection, the amendment is agreed to. I have enclosed a copy of Admiral informed of measures being undertaken by The amendment (No. 3233) was agreed Kimmel’s Facts About Pearl Harbor, and the other to a degree sufficient for all prac- to. thank you for your attention to this matter. tical purposes.’’ Mr. WARNER. Mr. President, Sen- Respectfully, Your statement that the actions of the 1941 Hawaiian Commanders might have prevented ator ROTH has worked tirelessly on the THOMAS K. KIMMEL, Jr. Enclosure (1). the Second World War and the situation in issue of revisiting that chapter of our FACTS ABOUT PEARL HARBOR which we find ourselves today is utterly fan- history, the attack on Pearl Harbor. tastic. The Hawaiian Commanders had no (By Husband E. Kimmel) Those listening to this debate will re- part in the exchange of notes between the call that Admiral Kimmel was the GROTON, CONNECTICUT, two governments and were never informed of Navy commander and General Short June 3, 1958. the terms of the so called ultimatum of No- was the Army commander. Hon. CLARENCE CANNON, vember 26, 1941 to Japan, nor were they noti- Congressman from Missouri, House Office There has been a great deal of con- fied that the feeling of informed sources in Building, Washington, DC. Washington was that the Japanese reply to troversy throughout history as to their SIR: Your remarks on the floor of the role and the degree of culpability they this ultimatum would trigger the attack on House of Representatives on May 6, 1958 were the United States. To blame the Hawaiian had for the actions that befell our recently called to my attention. They in- Commanders of 1941 for the situation in Armed Forces on that day. This is an cluded the following passages which I quote which we find ourselves today is something action of some import being taken by from the Congressional Record of May 6, out of Alice in Wonderland. the Senate. I remember a debate on the 1958.— With regard to the Japanese messages floor one night in the context of last ‘‘A subcommittee of the Committee on Ap- intercepted and decoded, exhaustive testi- propriations held hearings in which it was year’s authorization bill when Senator mony before the Naval Court of Inquiry and testified that at the time of the attack the the Joint Congressional Committee of Inves- ROTH sat right here in this chair for Naval Commander, Admiral Kimmel and the tigation shows that none of these decoded hour upon hour when we debated this Army Commander General Short were not messages received after July 1941 were sup- issue. even on speaking terms. And the exhaustive plied to me and none were supplied to Gen- Mr. LEVIN. Mr. President, I tip my investigations by the commission appointed eral Short. hat in tribute to Senators KENNEDY by the President and by the Joint Com- My book, ‘‘Admiral Kimmel’s Story’’, con- and BIDEN, Senator ROTH and Senator mittee of the House and Senate showed that tains a collection of documented facts which although both had been repeatedly alerted THURMOND, and others, who have support this statement and give the text of ‘‘over a period of weeks prior to the attack’’ brought this to our attention repeat- important decoded intercepts which were they did not confer on the matter at any withheld from me and from General Short. edly over the years. Hopefully, this time. These decoded intercepts were in such detail matter can now be resolved in the ap- ‘‘At one of the most critical periods in the that they made the Japanese intentions propriate way. Senator KENNEDY and defense of the nation, there was not the clear. Had they been supplied to the Hawai- his colleagues have been absolutely te- slightest cooperation between the Army and ian Commanders the result of the attack nacious in this matter. Hopefully, it the Navy. would have been far different if indeed the will result in a good ending. ‘‘Had they merely checked and compared attack would ever have been made. Mr. REID. Mr. President, 3 or 4 days the official message; received by each, they I know of no other occasion in our military could not have failed to have taken the pre- ago, I received a letter from the grand- history where vital information was denied cautions which would have rendered the at- the commanders in the field. son of Admiral Kimmel. It was a very tack futile and in all likelihood have pre- To make unfounded charges against me moving letter. I wasn’t personally fa- vented the Second World War and the situa- and General Short to support your argument miliar with this issue. tion in which we find ourselves today.... is grossly unfair and a misrepresentation of I ask unanimous consent that the ‘‘It was not the Japanese superiority win- facts. The success of the attack on Pearl letter written to me by the admiral’s ning the victory. It was our own lack of co- Harbor was not the result of inter-service ri- grandson be printed in the RECORD. operation between Army and Navy throwing valries at Pearl Harbor. This success was There being no objection, the letter victory away.... caused by the deliberate failure of Wash- ‘‘When the Jap naval code was broken and was ordered to be printed in the ington to give the Commanders in Hawaii when for some time we were reading all offi- the information available in Washington to RECORD, as follows: cial messages from Tokyo to the Japanese which they were entitled. This information MAY 24, 2000. fleet, much of this information came to Ad- which was denied to the Hawaiian Com- Hon. HARRY REID, miral Kimmel at his Hawaiian head- manders was supplied to the American Com- McLean, VA. quarters.’’. . . manders in the Philippines and to the Brit- DEAR SENATOR REID: There is a matter of From your remarks I have learned for the ish. great interest to me that I would like to first time the origin of the lie that General I request you insert this letter in the Con- bring to your attention as a member of the Short and I were not on speaking terms at gressional Record. Senate. I’m particularly interested in your the time of the attack. I would like very Yours very truly, opinion because I know you as a man of much to know the identity of the individual HUSBAND E. KIMMEL. great integrity. who gave this testimony before a sub- Last year, May 25th, the Senate voted (52 committee of the Appropriations Committee. GROTON, CONNECTICUT, yeas, 47 nays, 1 not voting) in favor of In regard to the alleged lack of cooperation July 7, 1958. Amendment No. 388 to the Senate Defense between General Short and me your state- Hon. CLARENCE CANNON, Authorization Act of FY 2000 recommending ment is completely in error. We did consult House of Representatives, Committee on Appro- to the President that he restore the rank of together frequently. As a man in your posi- priations, Eighty Fifth Congress, Wash- Admiral for my grandfather, Rear Admiral tion should know before making the charges ington, DC. Husband E. Kimmel. Amendment No. 388 was you have made, the Naval Court of Inquiry SIR: You have failed up to the present time subsequently deleted from the Joint Defense which was composed of Admiral Orin G. to provide me with the name of the indi- Authorization Act for FY 2000. Murfin, Admiral Edward C. Kalbfus and Vice vidual whom you quoted in your remarks ap- On May 18, 2000 the House voted (353 yeas, Admiral Adolphus Andrews, all of whom had pearing in the Congressional Record of May 63 nays) in favor of the House Defense Au- held high commands afloat, made an exhaus- 6, 1958 as authority for your statement that thorization Act for FY 2001, which contains tive investigation and reached the following General Short and I were not on speaking the same rank-restoration language for my conclusion:— terms when the Japanese attacked Pearl grandfather that the Senate voted for last ‘‘Finding of Fact Number V. Harbor. I know that to be wholly false and year. ‘‘Admiral Kimmel and Lieutenant General believe I am entitled to the name of the per- It appears that the Senate will soon be Short were personal friends. They met fre- son so testifying. Whether or not he testified asked to again vote on the rank-restoration quently, both socially and officially. Their under oath and his qualifications. Moreover I matter for my grandfather. Since I have relations were cordial and cooperative in would appreciate a definite reference to the never talked to you about this subject, I do every respect and, in general, this is true as hearing of the Sub-Committee of the appro- not know why you voted against the Amend- regards their subordinates. They frequently priations Committee if printed and if not a June 8, 2000 CONGRESSIONAL RECORD — SENATE S4745 transcript of that part of the record to which member of the Roberts Commission. He placed my fate completely in the hands of you refer. wrote regarding Admiral Kimmel—‘‘He was the Secretary of the Navy. This I did regret- The receipt of your remarks in the Con- permitted no counsel and had no right to ask fully because it was through my efforts that gressional Record of 18 June is acknowl- questions or to cross examine witnesses as this investigation was initiated. The pro- edged. It was forwarded without accom- he would have had if he had been made a de- ceedings of the Hart Investigation were a panying letter in a franked envelope bearing fendant. Thus both Short and Kimmel were valuable contribution. your name and I presume sent by your direc- denied all of the usual rights accorded to Why were the Secretary of the Navy and tion. American citizens appearing before judicial the Secretary of War so anxious to have the Your remarks are a continuation of the proceedings as interested parties.’’ Even damaging testimony in both the Naval Court frantic efforts of the Roosevelt Administra- communists plotting the overthrow of our of Inquiry and the Army Inquiry changed? tion to divert attention from the failures in country are accorded far more legal safe- The answer is very simple, both inquiries Washington and to place the blame for the guards than were granted to me and General had found that the responsibility for the catastrophe on the Commanders at Pearl Short. Admiral Standley also wrote, ‘‘In Pearl Harbor disaster rested in large part at Harbor. Your account of the testimony that spite of the known inefficiency of the Com- the Headquarters of our government in General Short and I were not on speaking mission’s reporters, when Admiral Kimmel Washington. Admiral Standley whom I have terms given to your committee shortly after asked permission to correct his testimony in referred to above wrote: Pearl Harbor was effectively publicized which he had found so many errors that it ‘‘From the beginning of our investigation I though sixteen years later I am still denied took him two days to go over it, the Com- held a firm belief that the real responsibility the name of the individual who perpetrated mission voted to keep the record as origi- for the disaster at Pearl Harbor was lodged this lie. nally made although the answers recorded to many thousands of miles from the Territory For four years, from 1941 to 1945, the ad- many questions were obviously incorrect and of Hawaii.’’ ministration supporters and gossip peddlers many of them absurd. At my urgent Even the Hewitt Investigation found— had a field day making statements which the insistences, the Commission did finally au- ‘‘During his incumbency as Commander in wall of government war time secrecy pre- thorize Admiral Kimmel’s corrected testi- Chief Pacific Fleet, Admiral Kimmel was in- vented me from answering. mony to be attached to the record as an ad- defatigable, resourceful and energetic in his One of the most persistent and widespread dendum.’’ efforts to prepare the Fleet for war.’’ was to the effect that General Short and I Your remarks with regard to the conduct You refer to the information that had been were not on speaking terms at the time of of both officers and men on the evening pre- forwarded to me and to General Short and the attack. Another was that the uniformed ceding the Pearl Harbor attack is an insult specifically to a message based upon infor- services in Hawaii were all drunk when the to the gallant men who died in the treach- mation from our Ambassador in Tokyo, Mr. attack came. This is the reason the Naval erous Japanese attack and to all the mem- Grew, dated 27 January 1941 to the effect Court of Inquiry investigated these charges bers of both Army and Navy stationed on the that the Peruvian Ambassador in Tokyo had thoroughly and set forth their falsity in un- Island of Oahu. Infrequently there might be heard rumors that in the event of trouble mistakable language. an individual who overindulged in intoxi- breaking out between the United States and You still seek to sustain these charges by cants but these were promptly apprehended Japan, the Japanese intended to make a sur- the simple expedient of attacking the integ- by the shore patrol or military police and re- prise attack against Pearl Harbor but you rity of the investigators and witnesses who turned to their ship or station. The evidence make no mention of the letter of the Chief of reached conclusions or gave testimony which as to the sobriety of officers and men was Naval Operations which forwarded this infor- does not suit you. clear in the documentary evidence available mation to me on 1 February 1941 to the effect You have slandered the honorable, capable, to the investigation boards and yet in spite that, ‘‘The Division of Naval Intelligence and devoted officers who served as members of their findings you state, ‘‘But the very places no credence in these rumors. Further- of the Army Board of Investigation and the fact that it was considered necessary to em- more based upon known data regarding the Navy Court of Inquiry. You have also slan- phasize this testimony naturally gives rise present disposition and employment of Japa- dered the personnel of the Army and Navy to some doubt.’’ You apparently are quite nese Naval and Army forces no move against stationed in Hawaii in 1941, many of whom willing to doubt the testimony given and be- Pearl Harbor appears imminent or planned gave their lives in defense of this country. lieve the worst of the fine young men in the for the foreseeable future.’’ It is astounding to me that you should armed forces that were stationed in Hawaii. This estimate was never changed. charge General Short and me of falsely testi- I was not permitted to know what testi- When you refer to—‘‘A position so admi- fying as to our personal and official coopera- mony was presented to the Roberts Commis- rable defended as Pearl Harbor with every fa- tion even when as you phrase it ‘‘all but life sion and was never given an opportunity to cility, submarine nets, radar, sonar, planes itself depended on their convincing the world clarify or refute any statement made before and ships of the line’’ you create a very false that they had been friends when they should it. impression. Admiral Richardson was relieved have been friends.’’ I was not made a defendant before the Ha- because he so strongly held that the Fleet The testimony on this matter given before waii one-man investigation, was not called should not be based in the Hawaiian area. the Naval Court of Inquiry was given under to testify, and was not permitted to have any The Army anti-aircraft batteries were woe- oath and was true to my personal knowledge knowledge of the proceedings. I requested fully lacking but the War Department was and is substantiated by much other testi- authority to attend this investigation and unable to supply more. mony. was advised that time did not permit. When Of 180 long range bombing planes author- You, yourself, refer to the statements in I repeated my request the Secretary of the ized by the War Department early in 1941 the Roberts Report to the effect that Gen- Navy did not even reply. Perhaps the reason only 12 had arrived and of these six were out eral Short and I conferred on November 27 may be found in the testimony of Captain of commission as they had been stripped of and December 1, 2 and 3. You further state Safford who narrated before the Joint Con- vital parts to enable other planes of similar from the Roberts Report—‘‘They did not gressional Committee the pressure to which type to continue their flight to their destina- then or subsequently hold any conferences he was subjected by the Committee Counsel tion in the Philippines. specially directed to the meaning and sig- to make him change his testimony. All did Of 100 Navy patrol planes authorized for nificance of the warning messages received not have the strength of character of Cap- the 14th Naval District at Pearl Harbor not by both.’’ (General Short—Admiral Kimmel). tain Safford and some modified their pre- one had arrived prior to December 7, 1941. How ridiculous it is to assume that the ceding sworn statements. With regard to the radar installations, Commander in Chief of the Pacific Fleet is Although I requested the Joint Congres- these had just been installed and their per- unable to understand a message sent by the sional Committee to call certain witnesses sonnel were under training. The installation Navy Department without conferring with many of them were not called to testify. of these stations had been delayed due to the the Commanding General of the Hawaiian Among these was Fleet Admiral F. Halsey, inability of the Army and the Interior De- Department to determine what the Navy De- my senior Fleet Air Officer at the time of partment to agree upon the location of these partment meant by the messages that were the attack. stations. sent to him and conversely that the Com- The Navy court of Inquiry was the only in- With reference to personnel for the ships manding General Hawaiian Department had vestigation of Peal Harbor before which I there were serious shortages of both officers to confer with the Commander in Chief Pa- was permitted to cross examine and call wit- and enlisted personnel and men were con- cific Fleet in order for him to know what the nesses. You are substantially correct in your stantly being detached to provide crews for messages sent to him by the War Depart- statement that this inquiry ‘‘found Admiral ships being newly commissioned. ment meant. If the messages were so worded Kimmel as pure as the driven snow.’’ In more No one has ever explained why the weak- the fault lay neither with me or General moderate language expressed by Admiral nesses so clearly described in the Secretary Short. Murfin, the President of the Court, years of the Navy’s letter of 24 January, 1941 were You imply that my request to revise the later, ‘‘We found Admiral Kimmel had done permitted to continue during all the months transcript of my testimony before the Rob- everything possible under the cir- at this outlying station whose security was erts Commission is censurable and com- cumstances.’’ vital to the safety of the fleet and of the pletely ignore the published statement of On Advice of Counsel I declined to take United States. Admiral William H. Standley, USN, retired, part in the Hart Investigation because the Facilities to fuel the fleet were inadequate a former Chief of Naval Operations and a stipulations demanded of me would have and a severe handicap to all fleet operations. S4746 CONGRESSIONAL RECORD — SENATE June 8, 2000 The only planes in Hawaii suitable for long ‘‘Please report on the following areas as to pressed by this information it is impossible distance scouting were the patrol planes as- vessels anchored therein: Area N. Pearl Har- to understand how its significance escaped signed to the fleet and they were totally in- bor, Mamala Bay (Honolulu), and the Areas all the talent in the War and Navy Depart- adequate to cover the approaches to Hawaii. adjacent thereto. (Make your investigation ment in Washington. The only planes suitable for long range with great secrecy)’’. The dispatches about the berthing of ships bombing were the six B–17 Army planes and A dispatch of November decoded and trans- in Pearl Harbor also clarified the signifi- those attached to the two carriers. lated in Washington on December 6, 1941, cance of other Japanese dispatches decoded At the time of the attack the two carriers stated the Japanese Consul General in Hono- and translated in the Navy Department prior were on missions initiated by the Navy De- lulu had reported that in area A there was a to the attack. partment. battleship of the Oklahoma Class; that in The deadline date was first established by These and other deficiencies had been re- Area O there were three heavy cruisers at a dispatch decoded and translated on Novem- peatedly reported by General Short and me anchor, as well as carrier ‘‘Enterprise’’ or ber 5, 1941 the date of its origin. as well as by our predecessors. some other vessel; that two heavy cruisers of ‘‘Because of various circumstances, it is The messages of October 16, November 24 the Chicago Class were tied up at docks absolutely necessary that all arrangements and November 27, 1941 from the Navy Depart- ‘‘KS’’. The course taken by destroyers enter- for the signing of this agreement be com- ment to the Commander of the Pacific Fleet ing the harbor, their speed and distances pleted by the 25th of this month. I realize and the messages of November 27 and No- apart were also described. that this is a difficult order, but under the vember 29, 1941 to General Short from the On December 4 a dispatch was decoded and circumstances it is an unavoidable one. War Department stressed sabotage and that translated in Washington which gave in- Please understand this thoroughly and tack- an attack if made would be directed against structions to the Japanese Consul in Hono- le the problem of saving the Japanese-United ports in South East Asia or the Philippines. lulu to investigate bases in the neighborhood States relations from falling into a chaotic With the benefit of the intercepted Japanese of the Hawaiian military reservation. condition. Do so with great determination messages, how they arrived at this conclu- On December 5, 1941 a dispatch was decoded and with unstinted effort, I beg of you. sion will always be a mystery to me. and translated in Washington which stated. ‘‘This information is to be kept strictly to To add to our difficulties the messages also ‘‘We have been receiving reports from you yourself alone’’. directed that, ‘‘If hostilities cannot, repeat on ship movements, but in future you will The deadline was reiterated in a dispatch cannot be avoided, the United States desires also report even when there are no move- decoded and translated in the Navy Depart- that Japan commit the first overt act. . . .’’ ments’’. ment on November 12, 1941. The message of November 27, 1941 from the In no other area was the Japanese Govern- ‘‘Judging from the progress of the con- War Department to General Short specifi- ment seeking the detailed information that versations, there seem to be indications that cally directed him to, ‘‘Report measures they sought about Pearl Harbor. the United States is still not fully aware of taken’’. On the same date General Short re- In the period immediately preceding the the exceedingly criticalness of the situation plied, ‘‘Department alerted to prevent sabo- attack reports were demanded even when here. The fact remains that the date set tage. Liaison with Navy.’’ there were no ship movements. This detailed forth in my message #736 is absolutely im- Recorded testimony shows this report was information obtained with such pains-taking movable under present conditions. It is a read by the Secretary of War, the Chief of care had no conceivable usefulness from a definite deadline and therefore it is essential Staff of the Army, the Chief of War Plans military viewpoint except for an attack on that a settlement be reached by about that Army, and the Chief of War Plans Navy. Pearl Harbor. time. The session of Parliament opens on the There can be no reasonable doubt that this No one had a more direct and immediate 15th (work will start on (the following day?)) report was read and understood by these re- interest in the security of the fleet in Pearl according to the schedule. The government sponsible officials in Washington. For nine Harbor than its Commander-in-Chief. No one must have a clear picture of things to come days and until the Japanese attack the War had a greater right than I to know that in presenting its case at the session. You can Department did not express any disapproval Japan had carved up Pearl Harbor into sub see, therefore, that the situation is nearing a of this alert and did not give General Short areas and was seeking and receiving reports climax, and that time is indeed becoming any information calculated to make him as to the precise berthings in that harbor of short . . .’’ change the alert. the ships of the fleet. I had been sent Mr. ‘‘Whatever the case may be, the fact re- What was most needed at Pearl Harbor at Grew’s report earlier in the year with posi- mains that the date set forth in my message this time was the information in Washington tive advice from the Navy Department that #736 is an absolutely immovable one. Please, from the Japanese intercepts that indicated no credence was to be placed in the rumored therefore, make the United States see the clearly an attack on Pearl Harbor. The Navy Department sent me various Japanese plans for an attack on Pearl Har- light, so as to make possible the signing of messages quoting from intercepted Japanese bor. I was told then, that no Japanese move the agreement by that date’’. The deadline was again repeated in a dis- dispatches. I believed I was getting all such against Pearl Harbor appeared, ‘‘imminent patch decoded in Washington on November messages and acted accordingly. After the or planned for the forseeable future’’. Cer- 17. attack I found that many vitally important tainly I was entitled to know what informa- ‘‘For your Honor’s own information. messages were withheld from the Hawaiian tion in the Navy Department completely al- 1. I have read your #1090 and you may be Commanders. tered the information and advice previously sure that you have all my gratitude for the I was never informed that Japanese inter- given to me. Surely I was entitled to know of efforts you have put forth, but the fate of our cepted messages had divided Pearl Harbor the intercepted dispatches between Tokyo Empire hangs by the slender thread of a few into five areas and sought minute informa- and Honolulu on and after September 24, days, so please fight harder than you ever tion of the berthing of ships in those areas. 1941, which indicated that a Japanese move A Japanese dispatch decoded and trans- against Pearl Harbor was planned in Tokyo. did before’’. lated on October 9, 1941 stated, Yet not one of these dispatches about the ‘‘2. In you opinion we ought to wait and see ‘‘With regard to warships and aircraft car- location of ships in Pearl Harbor was sup- what turn the war takes and remain patient. riers, we would like to have you report on plied to me. However, I am awfully sorry to say that the those at anchor, (those are not so important) Knowledge of these foregoing dispatches situation renders this out of the question. I tied up at wharves, buoys, and in docks. would have radically changed the estimate set the deadline for the solution of these ne- (Designate types and classes briefly. If pos- of the situation made by me and my staff. gotiations in my #736 and there will be no sible we would like to have you make men- General Willoughby in his book MacArthur change. Please try to understand that. You tion of the fact when there are two or more 1941–1945 quotes a staff report from Mac- see how short the time is; therefore, do not vessels alongside the same wharf)’’. Arthur’s Headquarters. allow the United States to sidetrack us and On October 10, 1941, another dispatch was ‘‘It was known that the Japanese consul in delay the negotiations any further. Press decoded and translated in Washington which Honolulu cabled Tokyo reports on general them for a solution on the basis of our pro- described an elaborate and detailed system ship movements. In October his instructions posals and do your best to bring about an im- of symbols to be used thereafter in desig- were ‘‘sharpened’’. Tokyo called for specific mediate solution’’. nating the location of vessels in Pearl Har- instead of general reports. In November, the The deadline was finally extended on No- bor. daily reports were on a grid-system of the vember 22 for four days in a dispatch decoded A dispatch of November 15 decoded and inner harbor with coordinate locations of and translated on November 22, 1941. translated in Washington on December 3, American men of war: this was no longer a ‘‘It was awfully hard for us to consider 1941 stated, case of diplomatic curiosity; coordinate grid changing the date we set in my #736. You ‘‘As relations between Japan and the is the classical method for pin-point target should know this, however, I know you are United States are most critical, make your designation; our battleships had suddenly be- working hard. Stick to our fixed policy and ‘‘ships in harbor report’’ irregular but at the come targets.’’ do your very best. Spare no efforts and try to rate of twice a week. Although you already ‘‘Spencer Akin was uneasy from the start. bring about the solution we desire. There are are no doubt aware, please take extra care to We drew our own conclusions and the Fili- reasons beyond your ability to guess why we maintain secrecy.’’ pino-American troops took up beach posi- wanted to settle Japanese-American rela- A dispatch of November 18 decoded and tions long before the Japanese landings.’’ tions by the 25th, but if within the next translated in Washington on December 5, If MacArthur’s Headquarters which had no three or four days you can finish your con- 1941 stated, responsibility for Pearl Harbor were im- versations with the Americans; if the signing June 8, 2000 CONGRESSIONAL RECORD — SENATE S4747 can be completed by the 29th, (let me write After receipt by Tokyo of the American attack on Hawaii were ever given to General it out for you—twenty-ninth); if the perti- note of November 26, the intercepted Japa- Short and me. nent notes can be exchanged; if we can get nese dispatches indicate that Japan attached The story of the whereabouts of the Chief an understanding with Great Britain and the great importance to the continuance of nego- of Staff of the Army and the Chief of Naval Netherlands; and in short, if everything can tiations in order to conceal the plan that Operations and their unaccountable lapse of be finished, we have decided to wait until would take effect automatically on Novem- memory has been publicized so much that it that date. This time we mean it, that the ber 29, as evidenced by the Japanese dispatch is unnecessary for me to repeat it. deadline absolutely cannot be changed. After of November 28: I have written a documented account of that things are automatically going to hap- ‘‘. . . I do not wish you to give the impres- Pearl Harbor. Other accounts which also tell pen. Please take this into your careful con- sion that the negotiations are broken off. the true story have been published by sideration and work harder than you ever Merely say to them that you are awaiting in- Charles A. Beard, Charles Callan Tansill, have before. This, for the present, is for the structions and that, although the opinions of Frederic R. Sanborn, Harry Elmer Barnes, information of you two Ambassadors alone.’’ your government are not yet clear to you, to Admiral Robert A. Theobald, John T. Flynn, Again on November 24, 1941, Tokyo specifi- your own way of thinking the Imperial Gov- George Morgenstern, Walter Trohan, Percy cally instructed its ambassadors in Wash- ernment has always made just claims and L. Greaves, Jr. and many others. ington that the November 29 deadline was has borne great sacrifices for the sake of I repeat to you once more Mr. Cannon, the set in Tokyo time. peace in the Pacific. . . .’’ success of the attack on Pearl Harbor was In at least six separate dispatches on No- I never received this information. not the result of inter-service rivalries at vember 5, 11, 15, 16, 22 and 24 Japan estab- Again the dispatches from Tokyo to Wash- Pearl Harbor. This success was caused by the lished and extended the deadline finally ad- ington of December 1, 1941: deliberate failure of Washington to give the ‘‘. . . to prevent the United States from be- vanced to November 29. Commanders in Hawaii the information After the deadline date a Japanese plan coming unduly suspicious we have been ad- available in Washington to which they were was automatically going into operation. It vising the press and others that though there entitled. This information which was denied was of such importance that the Japanese are some wide differences between Japan and to the Hawaiian Commanders was supplied Government declared: ‘‘The fate of our Em- the United States, the negotiations are con- to the American Commanders in the Phil- pire hangs by the slender thread of a few tinuing. (The above is for only your informa- ippines and to the British. Finally, Mr. Congressman, the officers and days.’’ tion.)’’ I never received this information. men stationed in the Hawaiian Islands were On December 1, 1941 Tokyo advised its am- Again in the transpacific telephone con- fine, upstanding and well disciplined young bassadors in Washington: versations and dispatches the same theme is Americans whom the American People ‘‘The date set in my message #812 has come stressed, be careful not to alarm the Govern- should ever remember with gratitude and and gone and the situation continues to be ment of the United States and do nothing to honor. In the attack launched by the Japa- increasingly critical.’’ cause a breaking off of negotiations. nese they showed themselves fearless, re- A dispatch on November 28 decoded and This information was decoded and trans- sourceful and self-sacrificing and I shall al- translated on the same day, stated: lated in Washington on November 30 and was ‘‘Well, you two ambassadors have exerted ways be proud of having commanded such never sent to me. superhuman efforts but, in spite of this, the men but I cannot forgive those responsible The intercepted Japanese diplomatic dis- for the death of the more than 3000 soldiers, United States has gone ahead and presented patches show that on and after November 29 sailors and marines who died for their coun- this humiliating proposal. This was quite un- a Japanese plan of action automatically try on the 7th of December 1941 nor accept expected and extremely regrettable. The Im- went into effect: that the plan was of such your insinuation that hangovers from intem- perial Government can by no means use it as importance it involved the fate of the Em- perance ashore on the night of 6 December a basis for negotiations. Therefore, with a re- pire: that Japan urgently wanted the United may have contributed to the delay in open- port of the views of the Imperial Government States to believe that negotiations were con- ing fire on the attacking Japanese planes. As on this American proposal which I send you tinuing after the deadline date to prevent a matter of fact many anti-aircraft guns on in two or three days, the negotiations will be suspicion as to the nature of the plan. the ships were manned at the time of the at- de facto ruptured. This is inevitable.’’ What was the plan? Why such elaborate in- tack and all anti-aircraft guns of the fleet Not one of the Japanese messages about structions to stretch out negotiations as a were in action in less than ten minutes. the ‘‘Deadline’’ were supplied to me although pretext to hide the unfolding of this plan? It is requested that you insert this letter the American Commanders in the Phil- Anyone reading the Japanese intercepted in the Congressional Record. ippines were supplied with this information messages would face this question. Yours very truly, as they were also supplied with all the infor- No effort was made to mask the move- HUSBAND E. KIMMEL. mation in the decoded Japanese intercepts ments or presence of Naval Forces moving that were denied to the Hawaiian Com- southward, because physical and radio obser- GROTON, CONNECTICUT, manders. vation of that movement were unavoidable. July 8, 1958. The Commanders at Pearl Harbor were not The troop movements to southern Indo Mr. J. EDGAR HOOVER, kept informed of the progress of negotiations China were the subject of formal exchanges Federal Bureau of Investigation, with Japan. I was never supplied with the between the Governments of Japan and the Washington 25, DC. text of Mr. Hull’s message of November 26, United States as evidenced by the commu- MY DEAR MR. HOOVER: Thank you for your 1941 to the Japanese Government which has nication which Mr. Wells handed to Mr. letter of 25 June, 1958, and your references to been referred to frequently as an ultimatum. Nomura on December 2, 1941. the Robert’s Commission, The Army Pearl Mr. Stimson characterized it as Mr. Hull’s Other dispatches were received in Wash- Harbor Report, the Naval Court of Inquiry decision to ‘‘kick the whole thing over.’’ ington which gave evidence of the deepening and the Hewitt Inquiry. I am familiar with Among other terms this note provided: crisis. them, but all except the Roberts Commission ‘‘The Government of Japan will withdraw On the afternoon of December 6, 1941 a Jap- Report were long after the hearings of a sub all military, naval, air and police forces from anese intercept was decoded which warned committee of the Appropriations Committee China and Indo China. that a fourteen part message from Japan was of the House of Representatives in 1942. Con- ‘‘The Government of the United States and on its way to the Ambassadors in Wash- gressman Cannon advised me the informa- the Government of Japan will not support— ington. That the time for presenting this tion given to the Committee immediately militarily, politically, economically—any message to our State Department would be after Pearl harbor was from the Federal Bu- government or regime in China other than supplied later. reau of Investigation. the National Government of the Republic of By 3:00 p.m. December 6, 1941 thirteen of I judge from your letter there was no evi- China with Capital temporarily at Chunking. the fourteen parts had been received. The de- dence in the Federal Bureau of Investigation ‘‘Both Governments will agree that no coding and translation was completed by 9:00 in 1942 to the effect that General Short and agreement which either has concluded with p.m. and distributed to the most important I were not on speaking terms at the time of any third power or powers shall be inter- officers of the government by midnight. Nine the Japanese attack on Pearl Harbor. preted by it in such a way as to conflict with p.m. in Washington was 3:30 in the afternoon Is this correct? the fundamental purpose of this agreement, in Hawaii. At midnight it was 6:30 p.m. in If this is not correct will you kindly cite the establishment and preservation of peace Hawaii. the evidence in order that I may learn the throughout the Pacific Area.’’ When the thirteen parts were delivered to name of the individual who instigated this The reply to this note was delivered in Mr. Roosevelt about 9:00 p.m., he remarked, infamous lie. Washington within hours of the Japanese at- ‘‘This means war’’. Yours very truly, tack. The time of delivery message and the four- HUSBAND E. KIMMEL. My information on this and previous ex- teenth part were decoded and translated by changes between the two governments was 9:00 a.m. December 7, 1941, the time for deliv- JANUARY 28 1962. obtained from newspapers and radio. I be- ery was set at 1:00 p.m. Washington time Mr. Cannon refused to publish my letters lieve Washington newspaper correspondents which was 7:30 a.m. at Honolulu and 2:00 a.m. in the Congressional Record, but some Con- and the editors of our leading newspapers at Manila. gressmen friends of mine did so. were kept better informed than were the Yet not one word of the receipt of these I never received a reply to my letter of 8 Commanders at Pearl Harbor. messages which again clearly indicated an July, 1958 to Mr. J. Edgar Hoover and I have S4748 CONGRESSIONAL RECORD — SENATE June 8, 2000 never been supplied with the name of the in- Dover Air Force Base, Delaware, an average able because of a lack of parts. This is dividual who is alleged to have testified that of 7 through 9 C–5 aircraft were not available out of a total fleet at Dover of only 36 General Short and I were not on speaking during that period because of a lack of parts. aircraft! In addition, the average terms. (5) Average rates of cannibalization of C–5 manhours required for cannibalizations HUSBAND E. KIMMEL. aircraft per 100 sorties of such aircraft have also increased during that period and are during that period was between 800 and Mr. REID. The letter was very mov- 1,000. Those are additional hours, above ing, about what the whole family has well above the Air Mobility Command stand- ard. In any given month, this means devot- what is normally expected to replace a gone through as a result of this inci- ing additional manhours to cannibalizations part. dent. It affected the life of not only the of C–5 aircraft. At Dover Air Force Base, an Think of that in terms of a typical 40 admiral but his entire family. I also ex- average of 800 to 1,000 additional manhours hour work week—that’s 20 to 25 addi- tend my appreciation to the Senators were required for cannibalizations of C–5 air- tional weeks of work! Clearly, our who have been so tenacious in allowing craft during that period. Cannibalizations are often required for aircraft that transit maintenance teams cannot be expected this matter to move forward. to continue working like this. These Mr. WARNER. Mr. President, I ask through a base such as Dover Air Force Base, as well as those that are based there. are highly skilled professionals who are unanimous consent that Senator (6) High cannibalization rates indicate a willing to sacrifice for this nation be- MCCAIN be listed as a cosponsor on the significant problem in delivering spare parts cause they know how important the C– amendment by the Senator from Geor- in a timely manner and systemic problems 5’s mission is to national security. It is gia on the Montgomery GI bill. within the repair and maintenance process, absolutely wrong of this nation to con- The PRESIDING OFFICER. Without and also demoralize overworked mainte- tinue to ask them to make those sac- nance crews. objection, it is so ordered. rifices year in and year out. We must Mr. WARNER. Mr. President, in the (7) The C–5 aircraft remains an absolutely critical asset in air mobility and airlifting get them the tools, and in this case, context of the Kimmel/Short matter, the parts, to do their jobs the right recently I have had an opportunity to heavy equipment and personnel to both mili- tary contingencies and humanitarian relief way. be visited by the former Chief of Naval efforts around the world. In his testimony March 3, 2000 before Operations, Adm. James Holloway, who (8) Despite increased funding for spare and the Readiness Subcommittee of the would strongly endorse the action that repair parts and other efforts by the Air Armed Service Committee, Secretary is before the Senate with regard to Force to mitigate the parts shortage prob- of the Air Force F. Whitten Peters these two officers. lem, Congress continues to receive reports of significant cannibalizations to airworthy C– talked about the problem, pointing out Mr. LEVIN. Mr. President, I ask that, ‘‘The C–5 related MICAP rate had unanimous consent that Senator REID 5 aircraft and parts backlogs. (b) REPORTS.—Not later than January 1, increased over the last two quarters by of Nevada be added as a cosponsor of 2001, and September 30, 2001, the Secretary of 36 percent.’’ Just to clarify, MICAP this amendment. the Air Force shall submit to the congres- rate is defined by the Secretary ‘‘as the The PRESIDING OFFICER. Without sional defense committees a report on the total hours a maintenance technician objection, it is so ordered. overall status of the spare and repair parts waits for all the parts that have been AMENDMENT NO. 3234 program of the Air Force for the C–5 aircraft. The report shall include the following— ordered to fix an aircraft.’’ (Purpose: To require reports on the spare (1) a statement the funds currently allo- In that same testimony, the Sec- parts and repair parts program of the Air cated to parts for the C–5 aircraft and the retary also said, ‘‘The impact of these Force for the C–5 aircraft) adequacy of such funds to meet current and additional MICAP hours has been a de- Mr. LEVIN. On behalf of Senators future parts and maintenance requirements cline in readiness.’’ BIDEN and ROTH, I send an amendment for that aircraft; The problem is not just a Dover prob- to the desk that would require reports (2) a description of current efforts to ad- lem. On March 7, 2000, Major General on the spare parts and repair parts pro- dress shortfalls in parts for such aircraft, in- Larry D. Northington, the Deputy As- cluding an assessment of potential short- gram of the Air Force for the C–5 air- sistant Secretary (Budget) for the Air craft. term and long-term effects of such efforts; (3) an assessment of the effects of such Force testified on the problem of parts The PRESIDING OFFICER. The shortages throughout the Air Force to clerk will report. shortfalls on readiness and reliability rat- ings for C–5 aircraft; Readiness Subcommittee. He pointed The legislative clerk read as follows: (4) a description of cannibalization rates out that we must look at all aspects of The Senator from Michigan [Mr. LEVIN], for C–5 aircraft and the manhours devoted to this problem. ‘‘We must, therefore, ex- for Mr. BIDEN, for himself and Mr. ROTH, pro- cannibalizations of such aircraft; and poses an amendment numbered 3234. pect significant spares investments for (5) an assessment of the effects of parts along time to come. We also need to Mr. LEVIN. Mr. President, I ask shortfalls and cannibalizations with respect to C–5 aircraft on readiness and retention. understand that mission capable rates unanimous consent that reading of the are not a product of spares funding Mr. BIDEN. Mr. President, I rise to amendment be dispensed with. alone. It requires dollars, deliveries of The PRESIDING OFFICER. Without offer an amendment that addresses a the right parts, trained and experi- objection, it is so ordered. problem that I have seen directly im- enced technicians, and, over time, a The amendment is as follows: pact the moral and readiness of units at the base I am most familiar with, sustained effort to upgrade the fleet to On page 378, between lines 19 and 20, insert achieve higher levels of reliability and the following: Dover Air Force Base. First, I want to thank the committee for all of its hard maintainability.’’ SEC. 1027. REPORT ON SPARE PARTS AND REPAIR In other words, this is not a problem PARTS PROGRAM OF THE AIR FORCE work on this issue and for accepting FOR THE C–5 AIRCRAFT. this amendment. Despite the fact that that can be solved by increased funding (a) FINDINGS.—Congress makes the fol- we in Congress have increased the alone. We must also look at the entire lowing findings: funding levels for spare parts for the structure that is supposed to be deliv- (1) There exists a significant shortfall in ering parts and making sure we have the Nation’s current strategic airlift require- past three years, the supply of spare and repair parts for the C–5’s at Dover adequate numbers of experienced peo- ment, even though strategic airlift remains ple to maintain aircraft. In addition, critical to the national security strategy of has been inadequate. the United States. What does this mean? It means main- we have to look at long-term mod- (2) This shortfall results from the slow tenance crews must work two-to-three ernization. phase-out C–141 aircraft and their replace- times as hard because they have to I am very pleased that this com- ment with C–17 aircraft and from lower than cannibalize parts from other airplanes. mittee has fully supported the three C– optimal reliability rates for the C–5 aircraft. It means planes that should be per- 5 modernization programs that are (3) One of the primary causes of these reli- forming missions are being used for critical to improving reliability and ability rates for C–5 aircraft, and especially parts so that other planes may fly. It maintainability—High Pressure Tur- for operational unit aircraft, is the shortage bine Replacement, Avionics Moderniza- of spare repair parts. Over the past 5 years, means that planes spend between 250 this shortage has been particularly evident and 300 days on average in depots, tion Program, and Reliability En- in the C–5 fleet. waiting for regular maintenance, mod- hancement and Re-engining Program. (4) NMCS (Not Mission Capable for Supply) ernizations, and part replacements. Already, the High Pressure Turbine rates for C–5 aircraft have increased signifi- At Dover, from 1997 to 1999, an aver- replacements that have occurred has cantly in the period between 1997 and 1999. At age of 7 to 9 C–5 aircraft were not avail- meant that engines stay on their wings June 8, 2000 CONGRESSIONAL RECORD — SENATE S4749 at least double the time they had in that those efforts are comprehensive The amendment (No. 3234) was agreed the past before needing to be removed and that the hardworking men and to. for maintenance. This is an easy mid- women at Dover Air Force Base get Mr. WARNER. Mr. President, I move term fix that is already paying for some relief. to reconsider the vote. itself. For the longer term, new engines Mr. ROTH. Mr. President, I rise to Mr. LEVIN. I move to lay that mo- are essential. The Committee author- discuss an amendment offered by my tion on the table. ized full funding for the necessary test- colleague from Delaware, Senator JOE The motion to lay on the table was ing and design to put new engines on BIDEN, and myself. This amendment agreed to. the C–5 and to replace antiquated parts deals with the vital importance of the Mr. WARNER. Mr. President, there that are particularly prone to break- C–5 Galaxy to our nation’s strategic are several colleagues desiring to be ing. airlift capability. No other aircraft has recognized for debate on this bill. Sen- The C–5 engine was one of the first the capabilities of this proven work- ator LEVIN and I will proceed to ask of large jet engines ever made. Commer- horse, and as we look to prepare our the Chair that a group of amendments cial planes are a good 5 generations of military for the future we must not be adopted en bloc. engines beyond the C–5. It is no wonder overlook the need to ensure the Galaxy Mr. LEVIN. Mr. President, that is that there are no longer parts suppliers has the parts necessary to perform fine with this Senator. available. In fact, it can take up to two safely and effectively. AMENDMENTS NOS. 3235 THROUGH 3251, EN BLOC years to get parts because manufactur- I would like to commend the chair- Mr. WARNER. Mr. President, I send a ers no longer make those parts and so man and the ranking member for ac- series of amendments to the desk that new versions must be created. Two cepting this very important amend- have been cleared by the ranking mem- years is not acceptable. With new en- ment, which requires the Secretary of ber and myself. gines, reliability will increase and op- the Air Force to report on ‘‘the overall The PRESIDING OFFICER. The erations and maintenance costs will go status of the spare and repair parts clerk will report. down. This not only means enhanced program of the Air Force for the C–5 The legislative clerk read as follows: aircraft.’’ readiness, it also means that our mili- The Senator from Virginia [Mr. WARNER], The C–5 is the largest cargo transport tary personnel doesn’t have to work 20 proposes amendments numbered 3235 through to 25 extra weeks a year. plane in our Air Force. It is proven, 3251, en bloc. and we depend on it to perform a vital In addition, the committee fully sup- Mr. WARNER. Mr. President, I ask role in our nation’s Strategic Airlift. ported the Avionics Modernization Pro- unanimous consent that the amend- Currently, spare parts shortages have gram. This program will ensure that C– ments be agreed to en bloc, the mo- resulted in the grounding of nearly one 5’s can fly in operationally more effi- tions to reconsider be laid upon the quarter of the C–5 fleet. Needless to cient airspace under the new Global table, and that any statements relating Air Traffic Management System. In ad- say, this is a serious problem. The report required by this amend- to these individual amendments be dition, this program improves the safe- ment will detail the funds currently al- printed in the RECORD. ty of aircrews by installing systems located to parts for the C–5, the ade- The PRESIDING OFFICER. Without like Traffic Collision and Avoidance quacy of those funds to meet future re- objection, it is so ordered. Systems (TCAS) and enhanced all quirements for the C–5, the descrip- The amendments (Nos. 3235 through weather navigation systems. Clearly, tions of current efforts to address 3251) were agreed to en bloc, as follows. as the committee recognized, we can- short-term and long-term shortfalls in AMENDMENT NO. 3235 not justify delaying these important parts, an assessment of the effects of (Purpose: To authorize a land conveyance, upgrades to the entire C–5 fleet. the shortfalls on C–5 readiness and reli- Fort Riley, Kansas) Until these modernization programs ability ratings, a description on can- On page 539, between lines 7 and 8, insert are completed though, the immediate nibalization rates for the C–5 aircraft the following: problem is the day-to-day maintenance and man hours devoted to SEC. 2836. LAND CONVEYANCE, FORT RILEY, KAN- needs. Foremost among those needs is SAS. cannibalizations, and the effects of that parts be available to keep planes (a) CONVEYANCE AUTHORIZED.—The Sec- these shortfalls on readiness and reten- retary of the Army may convey, without flying and that the cannibalization tion. rates be reduced. consideration, to the State of Kansas, all I believe this report will shed light right, title, and interest of the United States The current situation cannot con- on a problem of which my colleague tinue. It daily hurts the morale of our in and to a parcel of real property, including from Delaware and I are painfully any improvements thereon, consisting of ap- personnel and lowers the readiness of aware. Dover Air Force Base, in my proximately 70 acres at Fort Riley Military our military force. The C–5 is the long- state of Delaware, is home to 36 C–5 Reservation, Fort Riley, Kansas. The pre- legged workhorse of our strategic air- Galaxies. At Dover, the spare parts ferred site is adjacent to the Fort Riley Mili- lift fleet. It carries more cargo and shortage has truly hit home. tary Reservation boundary, along the north heavier cargo further than any other ‘‘Cann Birds’’, or C–5 Galaxies that side of Huebner Road across from the First Territorial Capitol of Kansas Historical Site plane in our inventory. It is what gets have been cannibalized for their parts, our warfighters and their heavy equip- Museum. is an unfortunate sight on the base. (b) CONDITIONS OF CONVEYANCE.—The con- ment to the fight. It is also what gets Men and women at Dover must spend veyance required by subsection (a) shall be humanitarian assistance to needy vic- long hours cannibalizing aircraft to subject to the following conditions: tims quickly enough to make a dif- find parts necessary for other C–5s. (1) That the State of Kansas use the prop- ference. These long hours have led to increased erty conveyed solely for purposes of estab- My amendment simply requires the frustration and lowered morale among lishing and maintaining a State-operated Secretary of the Air Force provide two some of the hardest working and most veterans cemetery. reports to Congress, one by January 31 valuable people in our Air Force and ci- (2) That all costs associated with the con- veyance, including the cost of relocating and one by September 30 of next year vilian personnel. We are losing exper- on the exact situation of C–5 parts water and electric utilities should the Sec- tise in this area due to this decreased retary determine that such relocations are shortages, what is being done to fix morale. necessary, be borne by the State of Kansas. this problem, what the impacts of the The lack of spare parts is not the (c) DESCRIPTION OF PROPERTY.—The exact problem are for aircraft readiness and only issue. Often, when the need for a acreage and legal description of the real reliability ratings, and what the im- part is recognized, there is a long lag- property to be conveyed under subsection (a) pacts of the problem are for personnel time between requests for parts and de- shall be determined by a survey satisfactory readiness and retention. It is my hope livery. I hope that this amendment, by to the Secretary and the Director of the that such a thorough review will allow shining light on these problems and re- Kansas Commission on Veterans Affairs. us to take the necessary steps to fix (d) ADDITIONAL TERMS AND CONDITIONS.— quiring the Air Force to examine the The Secretary may require such additional this problem once and for all. I know issues, will result in greater under- terms and conditions in connection with the that the Air Force is concerned and standing of how to reach a solution. conveyance required by subsection (a) as the taking steps to improve the parts The PRESIDING OFFICER. Without Secretary considers appropriate to protect shortage problem. I want to make sure objection, the amendment is agreed to. the interests of the United States. S4750 CONGRESSIONAL RECORD — SENATE June 8, 2000

AMENDMENT NO. 3236 AMENDMENT NO. 3239 (A) Up to 6 members appointed by the (Purpose: To clarify the authority of the di- (Purpose: To require the designation of each President. rector of a laboratory to manage personnel government-owned, government-operated (B) Two members appointed by the Major- under an existing authority to conduct a ammunition plant of the Army as Centers ity Leader of the Senate. personnel demonstration project) of Industrial and Technical Excellence) (C) Two members appointed by the Speaker On page 72, strike line 3, and insert the fol- of the House of Representatives. On page 436, between lines 2 and 3, insert lowing: (D) One member appointed by the Minority the following: ‘‘(B) Each arsenal of the Army. Leader of the Senate. SEC. 1114. CLARIFICATION OF PERSONNEL MAN- ‘‘(C) Each government-owned, government- (E) One member appointed by the Minority AGEMENT AUTHORITY OF UNDER A operated ammunition plant of the Army.’’. Leader of the House of Representatives. PERSONNEL DEMONSTRATION On page 77, strike line 17, and insert the (2) The members of the Commission shall PROJECT. following: ‘‘gency. be appointed from among— Section 342(b) of the National Defense Au- ‘‘(f) CONSTRUCTION OF PROVISION.—Nothing (A) persons with extensive experience and thorization Act for Fiscal Year 1995 is in this section may be construed to author- national reputations in aerospace manufac- amended— ize a change, otherwise prohibited by law, turing, economics, finance, national secu- (1) by striking the last sentence of para- from the performance of work at a Center of rity, international trade or foreign policy; graph (4); and Industrial and Technical Excellence by De- and (2) by adding at the end the following: partment of Defense personnel to perform- (B) persons who are representative of labor ‘‘(5) The employees of a laboratory covered ance by a contractor.’’. organizations associated with the aerospace by a personnel demonstration project under industry. this section shall be managed by the director AMENDMENT NO. 3240 (3) Members shall be appointed for the life of the laboratory subject to the supervision (Purpose: To establish a commission to as- of the Commission. Any vacancy in the Com- of the Under Secretary of Defense for Acqui- sess the future of the United States aero- mission shall not affect its powers, but shall sition, Technology, and Logistics. Notwith- space industry and to make recommenda- be filled in the same manner as the original standing any other provision of law, the di- tions for actions by the Federal Govern- appointment. rector of the laboratory is authorized to ap- ment) (4) The President shall designate one mem- point individuals to positions in the labora- On page 415, between lines 2 and 3, insert ber of the Commission to serve as the Chair- tory, and to fix the compensation of such in- the following: man. (5) The Commission shall meet at the call dividuals for service in those positions, SEC. 1061. AEROSPACE INDUSTRY BLUE RIBBON of the Chairman. A majority of the members under the demonstration project without the COMMISSION. shall constitute a quorum, but a lesser num- review or approval of any official or agency (a) FINDINGS.—Congress makes the fol- ber may hold hearings for the Commission. other than the Under Secretary.’’. lowing findings: (1) The United States aerospace industry, (d) DUTIES.—(1) The Commission shall— composed of manufacturers of commercial, (A) study the issues associated with the fu- AMENDMENT NO. 3237 military, and business aircraft, helicopters, ture of the United States aerospace industry (Purpose: To authorize, with an offset, an ad- aircraft engines, missiles, spacecraft, mate- in the global economy, particularly in rela- ditional $1,500,000 for the Air Force for re- rials, and related components and equip- tionship to United States national security; search, development, test, and evaluation ment, has a unique role in the economic and and on weathering and corrosion on aircraft national security of our Nation. (B) assess the future importance of the do- surfaces and parts (PE62102F)) (2) In 1999, the aerospace industry contin- mestic aerospace industry for the economic ued to produce, at $37,000,000,000, the largest and national security of the United States. On page 34, between lines 2 and 3, insert (2) In order to fulfill its responsibilities, the following: trade surplus of any industry in the United States economy. the Commission shall study the following: SEC. 203. ADDITIONAL AUTHORIZATION FOR RE- (3) The United States aerospace industry (A) The budget process of the Federal Gov- SEARCH, DEVELOPMENT, TEST, AND ernment, particularly with a view to assess- EVALUATION ON WEATHERING AND employs 800,000 Americans in highly skilled positions associated with manufacturing ing the adequacy of projected budgets of the CORROSION OF AIRCRAFT SUR- Federal Government agencies for aerospace FACES AND PARTS. aerospace products. (4) United States aerospace technology is research and development and procurement. (a) INCREASE IN AUTHORIZATION.—The (B) The acquisition process of the Federal amount authorized to be appropriated by preeminent in the global marketplace for both defense and commercial products. Government, particularly with a view to section 201(3) is hereby increased by assessing— $1,500,000. (5) History since World War I has dem- onstrated that a superior aerospace capa- (i) the adequacy of the current acquisition (b) AVAILABILITY OF FUNDS.—The amount bility usually determines victory in military process of Federal agencies; and available under section 201(3), as increased operations and that a robust, technically in- (ii) the procedures for developing and field- by subsection (a), for research, development, novative aerospace capability will be essen- ing aerospace systems incorporating new test, and evaluation on weathering and cor- tial for maintaining United States military technologies in a timely fashion. rosion of aircraft surfaces and parts superiority in the 21st century. (C) The policies, procedures, and methods (PE62102F) is hereby increased by $1,500,000. (6) Federal Government policies con- for the financing and payment of govern- (c) OFFSET.—The amount authorized to be cerning investment in aerospace research ment contracts. appropriated by section 201(4) is hereby de- and development and procurement, controls (D) Statutes and regulations governing creased by $1,5000,000, with the amount of on the export of services and goods con- international trade and the export of tech- such decrease being allocated to Sensor and taining advanced technologies, and other as- nology, particularly with a view to Guidance Technology (PE63762E). pects of the Government-industry relation- assessing— ship will have a critical impact on the abil- (i) the extent to which the current system AMENDMENT NO. 3238 ity of the United States aerospace industry for controlling the export of aerospace goods, services, and technologies reflects an ade- (Purpose: To state the sense of the Senate on to retain its position of global leadership. quate balance between the need to protect maintaining an effective strategic nuclear (7) Recent trends in investment in aero- national security and the need to ensure TRIAD) space research and development, in changes in global aerospace market share, and in the unhindered access to the global marketplace; On page 372, between lines 6 and 7, insert development of competitive, non-United and the following: States aerospace industries could undermine (ii) the adequacy of United States and mul- SEC. 1019. SENSE OF SENATE ON THE MAINTE- the future role of the United States aero- tilateral trade laws and policies for main- NANCE OF THE STRATEGIC NU- space industry in the national economy and taining the international competitiveness of CLEAR TRIAD. in the security of the Nation. the United States aerospace industry. It is the sense of the Senate that, in light (8) Because the United States aerospace in- (E) Policies governing taxation, particu- of the potential for further arms control dustry stands at an historical crossroads, it larly with a view to assessing the impact of agreements with the Russian Federation is advisable for the President and Congress current tax laws and practices on the inter- limiting strategic forces— to appoint a blue ribbon commission to as- national competitiveness of the aerospace (1) it is in the national interest of the sess the future of the industry and to make industry. United States to maintain a robust and bal- recommendations for Federal Government (F) Programs for the maintenance of the anced TRIAD of strategic nuclear delivery actions to ensure United States preeminence national space launch infrastructure, par- vehicles, including long-range bombers, land- in aerospace in the 21st century. ticularly with a view to assessing the ade- based intercontinental ballistic missiles (b) ESTABLISHMENT.—There is established a quacy of current and projected programs for (ICBMs), and ballistic missile submarines; Blue Ribbon Commission on the Future of maintaining the national space launch infra- and the United States Aerospace Industry. structure. (2) reductions to United States conven- (c) MEMBERSHIP.—(1) The Commission shall (G) Programs for the support of science tional bomber capability are not in the na- be composed of 12 members appointed, not and engineering education, including current tional interest of the United States. later than March 1, 2001, as follows: programs for supporting aerospace science June 8, 2000 CONGRESSIONAL RECORD — SENATE S4751 and engineering efforts at institutions of (4) The Chairman may procure temporary nomic and national security issues con- higher learning, with a view to determining and intermittent services under section fronting the aerospace industry, such the adequacy of those programs. 3109(b) of title 5, United States Code, at rates as the state of government funding for (e) REPORT.—(1) Not later than March 1, for individuals that do not exceed the daily 2002, the Commission shall submit a report equivalent of the annual rate of basic pay aerospace research and procurement, on its activities to the President and Con- prescribed for level V of the Executive the rules governing exportation of gress. Schedule under section 5316 of such title. aerospace goods and technologies, the (2) The report shall include the following: (i) TERMINATION.—The Commission shall effect of current taxation and trade (A) The Commission’s findings and conclu- terminate 30 days after the submission of the policies on the aerospace industry, and sions. report under subsection (e). the adequacy of aerospace science and (B) Recommendations for actions by Fed- Mr. LIEBERMAN. Mr. President, I engineering education in institutions eral Government agencies to support the rise to make a few remarks concerning of higher learning. I urge the Congress maintenance of a robust aerospace industry an amendment to the National Defense in the United States in the 21st century. to support the creation of the Commis- (C) A discussion of the appropriate means Authorization Act (S. 2549) that would sion and the next President to support for implementing the recommendations. establish a commission to assess the its activities and heed its counsel. By (f) IMPLEMENTATION OF RECOMMENDA- future of the United States aerospace creating such a commission and TIONS.—The heads of the executive agencies industry and to make recommenda- through careful consideration of these of the Federal Government having responsi- tions for actions by the Federal Gov- complex issues, we can ensure that this bility for matters covered by recommenda- ernment to improve this industries tions of the Commission shall consider the valuable American industry soars into implementation of those recommendations global competitiveness. the 21st century, turbulence-free. The modern aerospace industry ful- in accordance with regular administrative AMENDMENT NO. 3241 fills vital roles for our nation. It is a procedures. The Director of the Office of (Purpose: To guarantee the right of all ac- Management and Budget shall coordinate pillar of the business community that tive duty military personnel merchant the consideration of the recommendations employs 800,000 skilled workers. It is an mariners, and their dependents to vote in among the heads of those agencies. engine of economic growth that gen- Federal, State, and local elections) (g) ADMINISTRATIVE REQUIREMENTS AND AU- erated a net trade surplus of $37 billion At the appropriate place, insert the fol- THORITIES.—(1) The Director of the Office of in 1998, larger than any other indus- Management and Budget shall ensure that lowing: the Commission is provided such administra- trial sector. It is a working model of SECTION 1. SHORT TITLE. tive services, facilities, staff, and other sup- private-public partnership, yielding This Act may be cited as the ‘‘Military port services as may be necessary. Any ex- commercial and military benefits that Voting Rights Act of 2000’’. penses of the Commission shall be paid from have enhanced our communication and SEC. 2. GUARANTEE OF RESIDENCY. funds available to the Director. transportation networks while ena- Article VII of the Soldiers’ and Sailors’ (2) The Commission may hold hearings, sit bling the aerospace dominance dem- Civil Relief Act of 1940 (50 U.S.C. 700 et seq.) and act at times and places, take testimony, onstrated in both Kosovo and the Gulf is amended by adding at the end the fol- and receive evidence that the Commission lowing. considers advisable to carry out the purposes War. And its well-known products, from the Boeing 777 to the Blackhawk ‘‘SEC. 704. (a) For purposes of voting for an of this Act. office of the United States or of a State, a (3) The Commission may secure directly helicopter to the Space Shuttle, serve person who is absent from a State in compli- from any department or agency of the Fed- as fitting symbols of American pre- ance with military or naval orders shall not, eral Government any information that the eminence in an inter-connected world solely by reason of that absence— Commission considers necessary to carry out that thrives on speed and technology. ‘‘(1) be deemed to have lost a residence or the provisions of this Act. Upon the request domicile in that State; of the Chairman of the Commission, the head Unfortunately, this key industrial ‘‘(2) be deemed to have acquired a resi- of such department or agency shall furnish sector is facing new challenges to its dence or domicile in any other State; or such information to the Commission. leadership role in the global economy. (4) The Commission may use the United Since 1985, foreign competition has cut ‘‘(3) be deemed to have become resident in States mails in the same manner and under the American share of the worldwide or a resident of any other State. ‘‘((b) In this section, the term ‘State’ in- the same conditions as other departments aerospace market from 72 percent to 56 and agencies of the Federal Government. cludes a territory or possession of the United (5) The Commission is an advisory com- percent. In order to remain competi- States, a political subdivision of a State, ter- mittee for the purposes of the Federal Advi- tive, we must reevaluate industrial ritory, or possession, and the District of Co- sory Committee Act (5 U.S.C. App. 2). regulations enacted during the Cold lumbia.’’. (h) COMMISSION PERSONNEL MATTERS.—(1) War, that might hamper innovation, SEC. 3. STATE RESPONSIBILITY TO GUARANTEE Members of the Commission shall serve flexibility, and growth. We must recon- MILITARY VOTING RIGHTS. without additional compensation for their sider our defense research priorities, to (a) REGISTRATION AND BALLOTING.—Section service on the Commission, except that counteract the 50% decline in domestic 102 of the Uniformed and Overseas Absentee members appointed from among private citi- funding for aerospace research and de- Voting Act (42 U.S.C. 1973ff–1) is amended— zens may be allowed travel expenses, includ- (1) by inserting ‘‘(a) ELECTIONS FOR FED- ing per diem in lieu of subsistence, as au- velopment during the last decade. We ERAL OFFICES.—’’ before ‘‘Each State shall— thorized by law for persons serving intermit- must reexamine the rules that govern ’’; and tently in government service under sub- export of aerospace products and tech- (2) by adding at the end the following: chapter I of chapter 57 of title 5, United nologies, and develop policies that per- ‘‘(b) ELECTIONS FOR STATE AND LOCAL OF- States Code, while away from their homes mit access to global markets while pro- FICES.—Each State shall— and places of business in the performance of tecting national security. we must as- ‘‘(1) permit absent uniformed services vot- services for the Commission. ers to use absentee registration procedures (2) The Chairman of the Commission may, sess all of these areas in light of new trade agreements that may require ad- and to vote by absentee ballot in general, without regard to the civil service laws and special, primary, and run-off elections for regulations, appoint and terminate any staff justments to federal regulations and State and local offices; and that may be necessary to enable the Com- policies. Ultimately, we must assess ‘‘(2) accept and process, with respect to mission to perform its duties. The employ- the future of the aerospace industry any election described in paragraph (1), any ment of a head of staff shall be subject to and ensure that government policy otherwise valid voter registration applica- confirmation by the Commission. The Chair- plays a positive role in its develop- tion from an absent uniformed services voter man may fix the compensation of the staff ment. if the application is received by the appro- personnel without regard to the provisions of priate State election official not less than 30 chapter 51 and subchapter III of chapter 53 of To accomplish this goal, this amend- ment calls for the creation of a Presi- days before the election.’’. title 5, United States Code, relating to clas- (b) CONFORMING AMENDMENT.—The heading sification of positions and General Schedule dential commission empowered to rec- for title I of such Act is amended by striking pay rates, except that the rates of pay fixed ommend action to the federal govern- our ‘‘FOR FEDERAL OFFICE’’. by the Chairman shall be in compliance with ment regarding the future of the aero- the guidelines prescribed under section 7(d) space industry. The commission shall AMENDMENT NO. 3242 of the Federal Advisory Committee Act. be composed of experts in aerospace (3) Any Federal Government employee may (Purpose: To modify authority for the use of be detailed to the Commission without reim- manufacturing, national security, and certain Navy property by the Oxnard Har- bursement. Any such detail shall be without related economic issues, as well as rep- bor District, Port Hueneme, California) interruption or loss of civil status or privi- resentatives of organized labor. The On page 543, between lines 19 and 20, insert lege. commission is directed to study eco- the following: S4752 CONGRESSIONAL RECORD — SENATE June 8, 2000 SEC. 2855. MODIFICATION OF AUTHORITY FOR United States Code, is amended by striking Senate as an amendment to the fiscal OXNARD HARBOR DISTRICT, PORT ‘‘35 percent of the base amount.’’ and insert- year 2000 defense authorization bill, it HUENEME, CALIFORNIA, TO USE ing ‘‘the product of the base amount and the CERTAIN NAVY PROPERTY. was dropped during the conference at percent applicable for the month. The per- (a) ADDITIONAL RESTRICTIONS ON JOINT the insistence of the House conferees. cent applicable for a month is 35 percent for USE.—Subsection (c) of section 2843 of the Today, I am again offering S. 763 as months beginning on or before the date of Military Construction Authorization Act for the enactment of the National Defense Au- an amendment to the national Defense Fiscal Year 1995 (division B of Public Law authorization bill. My amendment 103–337; 108 Stat. 3067) is amended to read as thorization Act for Fiscal Year 2001, 40 per- cent for months beginning after such date would immediately increase the min- follows: imum Survivor Benefit Plan annuity ‘‘(c) RESTRICTIONS ON USE.—The District’s and before October 2004, and 45 percent for use of the property covered by an agreement months beginning after September 2004.’’. from 35 percent to 40 percent of the under subsection (a) is subject to the fol- (2) Subsection (a)(2)(B)(i)(I) of such section Survivor Benefit Plan for survivors lowing conditions: is amended by striking ‘‘35 percent’’ and in- over the age 62. The amendment would ‘‘(1) The District shall suspend operations serting ‘‘the percent specified under sub- provide a further increase to 45 percent under the agreement upon notification by section (a)(1)(B)(i) as being applicable for the of covered retired pay as of October 1, the commanding officer of the Center that month’’. 2004. the property is needed to support mission es- (3) Subsection (c)(1)(B)(i) of such section is amended— Mr. President, I am confident that sential naval vessel support requirements or each senator has received mail from Navy contingency operations, including (A) by striking ‘‘35 percent’’ and inserting combat missions, natural disasters, and hu- ‘‘the applicable percent’’; and military spouses expressing their dis- manitarian missions. (B) by adding at the end the following: may that they are not receiving the 55 ‘‘(2) The District shall use the property ‘‘The percent applicable for a month under percent of their husband’s retirement covered by the agreement in a manner con- the preceding sentence is the percent speci- pay as advertised in the Survivor Ben- sistent with Navy operations at the Center, fied under subsection (a)(1)(B)(i) as being ap- efit Plan literature provided by the including cooperating with the Navy for the plicable for the month.’’. military. The reason that they do not purpose of assisting the Navy to meet its (4) The heading for subsection (d)(2)(A) of receive the 55 percent of retired pay is such section is amended to read as follows: through-put requirements at the Center for that current law mandates that at age the expeditious movement of military cargo. ‘‘COMPUTATION OF ANNUITY.—’’. (b) ADJUSTED SUPPLEMENTAL ANNUITY.— 62 this amount be reduced either by the ‘‘(3) The commanding officer of the Center Section 1457(b) of title 10, United States account of the Survivors Social Secu- may require the District to remove any of its Code, is amended— personal property at the Center that the rity benefit or to 35 percent of the SBP. (1) by striking ‘‘5, 10, 15, or 20 percent’’ and commanding officer determines may inter- This law is especially irksome to those inserting ‘‘the applicable percent’’; and fere with military operations at the Center. retirees who joined the plan when it (2) by inserting after the first sentence the If the District cannot expeditiously remove was first offered in 1972. These service following: ‘‘The percent used for the com- the property, the commanding officer may members were never informed of the putation shall be an even multiple of 5 per- provide for the removal of the property at cent and, whatever the percent specified in age-62 reduction until they had made District expense.’’. the election, may not exceed 20 percent for an irrevocable decision to participate. (b) CONSIDERATION.—Subsection (d) of such Many retirees and their spouses, as the section is amended to read as follows: months beginning on or before the date of ‘‘(d) CONSIDERATION.—(1) As consideration the enactment of the National Defense Au- constituent mail attests, believed their for the use of the property covered by an thorization Act for Fiscal Year 2001, 15 per- premium payments would guarantee 55 agreement under subsection (a), the District cent for months beginning after that date percent of retired pay for the life of the shall pay to the Navy an amount that is mu- and before October 2004, and 10 percent for survivor. It is not hard to imagine the tually agreeable to the parties to the agree- months beginning after September 2004.’’. shock and financial disadvantage these (c) RECOMPUTATION OF ANNUITIES.—(1) Ef- ment, taking into account the nature and ex- men and women who so loyally served tent of the District’s use of the property. fective on the first day of each month re- ‘‘(2) The Secretary may accept in-kind con- ferred to in paragraph (2)— the Nation in troubled spots through- sideration under paragraph (1), including (A) each annuity under section 1450 of title out the world undergo when they learn consideration in the form of— 10, United States Code, that commenced be- of the annuity reduction. ‘‘(A) the District’s maintenance, preserva- fore that month, is computed under a provi- Mr. President, uniformed services re- tion, improvement, protection, repair, or res- sion of section 1451 of that title amended by tirees pay too much for the available toration of all or any portion of the property subsection (a), and is payable for that month SBP benefit both, compared to what is covered by the agreement; shall be recomputed so as to be equal to the promised and what is offered to other ‘‘(B) the construction of new facilities, the amount that would be in effect if the percent federal retirees. When the Survivor modification of existing facilities, or the re- applicable for that month under that provi- Benefit Plan was enacted in 1972, the placement of facilities vacated by the Navy sion, as so amended, had been used for the on account of the agreement; and initial computation of the annuity; and Congress intended that the government ‘‘(C) covering the cost of relocation of the (B) each supplemental survivor annuity would pay 40 percent of the cost to par- operations of the Navy from the vacated fa- under section 1457 of such title that com- allel the government subsidy of the cilities to the replacement facilities. menced before that month and is payable for Federal civilian survivor benefit plan. ‘‘(3) All cash consideration received under that month shall be recomputed so as to be That was short-lived. Over time, the paragraph (1) shall be deposited in the spe- equal to the amount that would be in effect government’s cost sharing has declined cial account in the Treasury established for if the percent applicable for that month to about 26 percent. In other words, the the Navy under section 2667(d) of title 10, under that section, as amended by this sec- United States Code. The amounts deposited retiree’s premiums now cover 74 per- tion, had been used for the initial computa- cent of expected long-term program in the special account pursuant to this para- tion of the supplemental survivor annuity. graph shall be available, as provided in ap- (2) The requirements for recomputation of costs versus the intended 60 percent. propriation Acts, for general supervision, ad- annuities under paragraph (1) apply with re- Contrast this with the federal civilian ministration, overhead expenses, and Center spect to the following months: SBP, which has a 42 percent subsidy for operations and for the maintenance preser- (A) The first month that begins after the those personnel under the Federal Em- vation, improvement, protection, repair, or date of the enactment of this Act. ployees Retirement System and a 50 restoration of property at the Center.’’. (B) October 2004. percent subsidy for those under the (c) CONFORMING AMENDMENTS.—Such sec- (d) RECOMPUTATION OF RETIRED PAY REDUC- tion is further amended— Civil Service Retirement System. Fur- TIONS FOR SUPPLEMENTAL SURVIVOR ANNU- ther, Federal civilian survivors receive (1) by striking subsection (f); and ITIES.—The Secretary of Defense shall take (2) by redesignating subsections (g) and (h) such actions as are necessitated by the 50 percent of retired pay with no offset as subsections (f) and (g), respectively. amendments made by subsection (b) and the at age 62. Although Federal civilian requirements of subsection (c)(1)(B) to en- premiums are 10 percent retired pay AMENDMENT NO. 3243 sure that the reductions in retired pay under compared to 6.5 percent for military re- (Purpose: To amend title 10, United States section 1460 of title 10, United States Code, tirees, the difference in the percent of Code, to increase the minimum Survivor are adjusted to achieve the objectives set contribution is offset by the fact that Benefit Plan basic annuity for surviving forth in subsection (b) of that section. spouses age 62 and older) our service personnel retire at a much Mr. THURMOND. Mr. President, last In title VI, at the end of subtitle D, add the younger age than the civil servant and, following: year, I introduced S. 763, a bill that therefore pay premiums much longer SEC. . COMPUTATION OF SURVIVOR BENEFITS. would correct a long-standing injustice than the federal civilian retiree. (a) INCREASED BASIC ANNUITY.—(1) Sub- to the widows of our military retirees. Mr. President, the bill that we are section (a)(1)(B)(i) of section 1451 of title 10, Although my bill was accepted by the currently considering contains several June 8, 2000 CONGRESSIONAL RECORD — SENATE S4753 initiatives to restore to our military ‘‘§ 18505. Space-required travel: Reserves Secretary of Defense an analysis of the func- retirees benefits that they have earned, traveling to inactive-duty training’’. tions and responsibilities of the Vice Chief of but which gradually were eroded over (2) The item relating to such section in the the National Guard Bureau and the Chief’s the past years. My amendment would table of sections at the beginning of such recommendation as to whether the grade au- add a small, but important, earned ben- chapter is amended to read as follows: thorized for the Vice Chief should be in- ‘‘18505. Space-required travel: Reserves trav- creased. efit for our military retirees, especially ‘‘(3) Not later than February 1, 2001, the their survivors. eling to inactive-duty train- ing.’’. Secretary shall submit in the Committees on Mr. President, I want to thank Sen- Armed Services of the Senate and House of ators LOTT, CLELAND, COCHRAN, AMENDMENT NO. 3246 Representatives a report on the study. The LANDRIEU, SNOWE, MCCAIN, SESSIONS, report shall include the following: (Purpose: To provide additional benefits and ‘‘(A) The recommendation of the Chief of INOUYE, and DODD for joining me as co- protections for personnel incurring injury, the National Guard Bureau and any other in- sponsors of this amendment and ask illness, or disease in the performance of fu- formation provided by the Chief to the Sec- for its adoption. neral honors duty) retary of Defense pursuant to paragraph (2). AMENDMENT NO. 3244 On page 239, following line 22, add the fol- ‘‘(B) The conclusions resulting from the (Purpose: To eliminate an inequity in the ap- lowing: study. plicability of early retirement eligibility SEC. 656. ADDITIONAL BENEFITS AND ‘‘(C) The Secretary’s recommendation re- requirements to military reserve techni- PROTECTIONS FOR PERSONNEL INCUR- garding whether the grade authorized for the cians) RING INJURY, ILLNESS, OR DISEASE IN Vice Chief of the National Guard Bureau On page 236, between lines 6 and 7, insert THE PERFORMANCE OF FUNERAL HON- should be increased to Lieutenant General. the following: ORS DUTY. ‘‘(h) EFFECTIVE DATES.—Subsection (g) SEC. 646. EQUITABLE APPLICATION OF EARLY (a) INCAPACITATION PAY.—Section 204 of shall take effect on the date of the enact- RETIREMENT ELIGIBILITY REQUIRE- title 37, United States Code, is amended— ment of this Act. Except for that subsection, MENTS TO MILITARY RESERVE this’’. TECHNICIANS. (1) in subsection (g)(1)— (a) TECHNICIANS COVERED BY FERS.—Para- (A) by striking ‘‘or’’ at the end of subpara- AMENDMENT NO. 3248 graph (1) of section 8414(c) of title 5, United graph (C); States Code, is amended by striking ‘‘after (B) by striking the period at the end of (Purpose: To exempt commanders of certain becoming 50 years of age and completing 25 subparagraph (D) and inserting ‘‘; or’’; and Air Force specified combatant commands years of service’’ and inserting ‘‘after com- (C) by adding at the end the following: from a limitation on the number of general pleting 25 years of service or after becoming ‘‘(E) in line of duty while— officers while general or flag officers of 50 years of age and completing 20 years of ‘‘(i) serving on funeral honors duty under other armed forces are serving as com- service’’. section 12503 of this title or section 115 of mander of certain unified combatant com- (b) TECHNICIANS COVERED BY CSRS.—Sec- title 32; mands) tion 8336 of title 5, United States Code, is ‘‘(ii) traveling to or from the place at On page 155, between lines 9 and 10, insert amended by adding at the end the following which the duty was to be performed; or the following: new subsection: ‘‘(iii) remaining overnight at or in the vi- SEC. 511. CONTINGENT EXEMPTION FROM LIMI- ‘‘(p) Section 8414(c) of this title applies— cinity of that place immediately before so TATION ON NUMBER OF AIR FORCE ‘‘(1) under paragraph (1) of such section to serving, if the place is outside reasonable OFFICERS SERVING ON ACTIVE a military reserve technician described in commuting distance from the member’s resi- DUTY IN GRADES ABOVE MAJOR that paragraph for purposes of determining dence.’’; and GENERAL. entitlement to an annuity under this sub- (2) in subsection (h)(1)— Section 525(b) of title 10, United States chapter; and (A) by striking ‘‘or’’ at the end of subpara- Code, is amended by adding at the end the ‘‘(2) under paragraph (2) of such section to graph (C); following: a military technician (dual status) described (B) by striking the period at the end of ‘‘(8) While an officer of the Army, Navy, or in that paragraph for purposes of deter- subparagraph (D) and inserting ‘‘; or’’; and Marine Corps is serving as Commander in mining entitlement to an annuity under this (C) by adding at the end the following: Chief of the United States Transportation subchapter.’’. ‘‘(E) in line of duty while— Command, an officer of the Air Force, while (c) TECHNICAL AMENDMENT.—Section ‘‘(i) serving on funeral honors duty under serving as Commander of the Air Mobility 1109(a)(2) of Public Law 105–261 (112 Stat. section 12503 of this title or section 115 of Command, if serving in the grade of general, 2143) is amended by striking ‘‘adding at the title 32; is in addition to the number that would oth- end’’ and inserting ‘‘inserting after sub- ‘‘(ii) traveling to or from the place at erwise be permitted for the Air Force for of- section (n)’’. which the duty was to be performed; or ficers serving on active duty in grades above (d) APPLICABILITY.—Subsection (c) of sec- ‘‘(iii) remaining overnight at or in the vi- major general under paragraph (1). tion 8414 of such title (as amended by sub- cinity of that place immediately before so ‘‘(9) While an officer of the Army, Navy, or section (a)), and subsection (p) of section 8336 serving, if the place is outside reasonable Marine Corps is serving as Commander in of title 5, United States Code (as added by commuting distance from the member’s resi- Chief of the United States Space Command, subsection (b)), shall apply according to the dence.’’. an officer of the Air Force, while serving as provisions thereof with respect to separa- (b) TORT CLAIMS.—Section 2671 of title 28, Commander of the Air Force Space Com- tions from service referred to in such sub- United States Code, is amended by inserting mand, if serving in the grade of general, is in sections that occur on or after October 5, ‘‘115,’’ in the second paragraph after ‘‘mem- addition to the number that would otherwise 1999. bers of the National Guard while engaged in be permitted for the Air Force for officers training or duty under section’’. serving on active duty in grades above major AMENDMENT NO. 3245 (c) APPLICABILITY.—(1) The amendments general under paragraph (1).’’. (Purpose: To provide space-required eligi- made by subsection (a) shall apply with re- bility for travel on aircraft of the Armed spect to months beginning on or after the AMENDMENT NO. 3249 Forces to places of inactive-duty training date of the enactment of this Act. by members of the reserve components who (Purpose: To increase the end strengths au- (2) The amendment made by subsection (b) thorized for full-time manning of the Army reside outside the continental United shall apply with respect to acts and omis- States) National Guard of the United States) sions occurring before, on, or after the date On page 125, line 19, strike. ‘‘22,536’’ and in- On page 239, after line 22, insert the fol- of the enactment of this Act. lowing: sert ‘‘22,974.’’ On page 126, line 10, strike ‘‘22,357’’ and in- SEC. 656. TRAVEL BY RESERVES ON MILITARY AMENDMENT NO. 3247 sert ‘‘24,728.’’ AIRCRAFT TO AND FROM LOCA- (Purpose: To require a study of the advis- TIONS OUTSIDE THE CONTINENTAL ability of increasing the grade authorized Mr. BOND. Mr. President, my amend- UNITED STATES FOR INACTIVE- ment affects every State in the Na- DUTY TRAINING. for the Vice Chief of the National Guard (a) SPACE-REQUIRED TRAVEL.—Subsection Bureau to Lieutenant General) tion—the Bond-Bryan amendment to S. (a) of section 18505 of title 10, United States On page 155, line 4, strike ‘‘(g) EFFECTIVE 2549. As co-chair of the Senate Guard Code, is amended— DATE.—This’’ and insert the following: Caucus, I firmly believe that this im- (1) by inserting ‘‘residence or’’ after ‘‘In ‘‘(g) VICE CHIEF OF NATIONAL GUARD BU- portant piece of legislation is critical the case of a member of a reserve component REAU.—(1) The Secretary of Defense shall to meeting the number one priority of whose’’; and conduct a study of the advisability of in- the National Guard—full-time support. creasing the grade authorized for the Vice (2) by inserting after ‘‘(including a place’’ As you know, the National Guard relies the following: ‘‘of inactive-duty training’’. Chief of the National Guard Bureau to Lieu- (b) CLERICAL AMENDMENTS.—(1) The head- tenant General. heavily upon full-time employees to ing of such section is amended to read as fol- ‘‘(2) As part of the study, the Chief of the ensure readiness. By performing their lows: National Guard Bureau shall submit to the critical duties on a daily basis, these S4754 CONGRESSIONAL RECORD — SENATE June 8, 2000 hard-working men and women ensure additional positions will give the from providing important emergency drill and annual training remain fo- Guard the minimum it needs to do the and other support services to their cused on preparation for war fighting job, while providing the opportunity to states, to participating in inter- and conducting peacetime missions. reexamine the situation during the national peacekeeping missions across During the cold war, Guard and Re- next fiscal year. the globe, including Bosnia and serve forces were underutilized. During When we expand the mission, when Kosovo. It should be noted that both the 1980’s, for example, they numbered we increase operating tempo, and when the Senate majority leader and the more than one million personnel but we ask for greater effort; we have to re- Senate minority leader are original co- contributed support to the active alize that increased funding is often sponsors, as are the chairman and forces at a rate of fewer than 1 million necessary and appropriate. In this case, ranking member of the Senate Appro- work days per year. we have attempted to provide the min- priations Committee. The amendment At the end of the cold war, force imum additional personnel to accom- is also supported by the National structure and personnel endstrength plish a mission we previously assigned Guard Bureau, the National Guard As- were drastically cut in all the active but did not fully resource. Your sup- sociation of the United States, the Ad- services. Almost immediately, the na- port for this amendment sends a strong jutants General Association of the tion discovered that the post-cold-war message to your constituents and the United States, and other organizations. world is a complex, dangerous, and ex- Guard units in your state that you sup- The National Guard represents 34 pensive place. Deployments for contin- port the National Guard in its signifi- percent of our Total Force Army gency operations, peacekeeping mis- cant role in our Nation’s defense, and Strength and 19 percent of our Total sions, humanitarian assistance, dis- that you are willing to give the men Air Force Strength. Nearly half a mil- aster relief and counter-terrorism oper- and women in its ranks the resources lion Americans serve in the National ations increased dramatically. Most re- to do the job. Guard, playing a critical complemen- cently, our forces have been called Mr. President, I thank Senator WAR- tary role to their active duty counter- upon to destroy the capability of Sad- NER, Senator LEVIN, my co-chair, Sen- parts, and we have an obligation and a dam Hussein and his forces, bring peace ator BRYAN, and our esteemed col- responsibility to make sure every and stability to Haiti, force Slobodan leagues for your support of this critical Guard unit and armory across the Milosevic and his forces out of Kosovo, issue. country has the support personnel it ensure a safe, stable and secure envi- Mr. BRYAN. Mr. President, I thank requires to function efficiently and ef- ronment in the Balkans, and rescue the distinguished chairman of the Sen- fectively. and rebuild from natural disasters at ate Armed Services Committee, as well I am hopeful that with such broad, home and abroad. as the distinguished ranking member, bipartisan support from the members Because of the increased deployments for agreeing to accept this critical of the Senate and the Armed Services and the reduction in the active force, amendment relating to full-time man- Committee, we can continue to provide we became significantly more depend- ning for the National Guard. Both of the resources required by the National ent on the Army and Air National these leaders have been strongly sup- Guard that will allow these dedicated Guard. In striking contrast to cold war portive of our efforts, past and present, Americans to perform their mission in levels of contributory support, today’s to ensure that the National Guard has support of the Armed Forces of the Guard and Reserve forces are providing the resources it needs to perform its United States. approximately 13 million work days of dual missions, and I want to express Finally, Mr. President, I want to support to the active components on an my personal gratitude for their leader- thank my fellow co-chairman of the annual basis—a thirteen-fold increase ship and support of the National Guard Senate National Guard Caucus, Sen- and equivalent to the addition of some over the course of several years. ator BOND, for his authorship and lead- 35,000 personnel to active component As co-chairman of the Senate Na- ership on this amendment. Senator end strength, or two Army divisions. tional Guard Caucus, there is clearly BOND continues to demonstrate an im- For example, the 49th Armored Divi- no higher priority for the National passioned commitment to the National sion from the Lone Star State is cur- Guard in this fiscal year than the need Guard, our reserve components, and all rently leading operations in Kosovo, to provide sufficient resources for full- of our Armed Forces. I also wish to rec- and the Army just identified four more time operational support. These full- ognize and thank Mr. James Pitchford Guard units for deployment to Kosovo. time personnel are the backbone of the and Ms. Shelby Bell of Senator BOND’s With this shift in reliance from the National Guard, and make no mistake staff for their hard work on this suc- active force to the Guard came the ob- about it, if we fail to provide sufficient cessful, bipartisan effort. ligation to increase Guard staffing to full-time support, there will be a no- AMENDMENT NO. 3250 keep pace with the expanded mission. ticeable and precipitous decline in the (Purpose: To provide compensation and bene- The Army and Air National Guard es- ability of the National Guard to fulfill fits to Department of energy employees tablished increased full-time staffing its mission both to the states and as and contractor employees for exposure to as their number one priority. We part of the National Force Structure. beryllium, radiation, and other toxic sub- agreed with them, but we have not yet The amendment we are offering stances) held up our end of the bargain. We gave today will authorize $38 million to pro- (The text of the Amendment is print- them the mission; we must now give vide an additional 526 AGRs and 771 ed in today’s RECORD under ‘‘Amend- them the personnel resources to ac- Technicians for the Army National ments Submitted.’’) complish it. Guard. Frankly, Mr. President, I would Mr. KENNEDY. Mr. President, I The Department of Defense has iden- have liked to have gone further, and strongly support this important step to tified a shortfall in full-time manning provided the Guard with the personnel compensate workers who became sick of 1,052 ‘‘AGRs’’ (Active Guard/Re- they need to achieve the minimal per- from occupational exposure to beryl- serves) and 1,543 Technicians. Frankly, sonnel levels identified by the National lium, radiation, and other toxic sub- I agree with their numbers, but I do Guard Bureau of 23,500 AGRs and 25,500 stances as part of the Cold War build- not see how we can afford immediately Technicians. But like the incremental up. I commend my colleagues Senator to increase their staffing to those lev- increases that were provided last year, THOMPSON, Senator VOINOVICH, Senator els. Accordingly, the Bond-Bryan this amendment represents an impor- DEWINE, and Senator BINGAMAN for amendment proposes an incremental tant step towards achieving that over- their leadership on this issue. increase in the number of full-time po- all goal. During the cold war, thousands of sitions. We ask that S. 2549 be amended Our amendment has well over 60 co- men and women who worked at the na- to provide for an additional 526 sponsors from both sides of the aisles. tion’s atomic weapons plants were ex- ‘‘AGRs’’ (Active Guard/Reserves) and Not many issues attract this much sup- posed to unknown hazards. Many were 771 Technicians. As you can see, this is port from across the ideological spec- exposed to dangerous radioactive and about half of what the Guard re- trum, and I interpret that as a Senate chemical materials at far greater lev- quested, and far less than what was re- endorsement of the critical missions els than their employers revealed. The quested in the past. We believe these the National Guard performs, ranging debilitating, and often fatal, illnesses June 8, 2000 CONGRESSIONAL RECORD — SENATE S4755 suffered by these workers came in victory and we should never forget the The question now is: what do we do many forms of cancer, as well as other strength and resolve through which it about it? And how do we make sure it illnesses that are difficult to diagnose. was achieved. never happens again? This provision brings long overdue re- But it has become clear in recent This amendment attempts to answer lief to these workers and their fami- months that that victory came at a the first of those two questions. It lies. high price for some of those who were would set up a program, administered The Department of energy inves- most responsible for producing it. I am by the Department of Labor, to provide tigated this issue. It found that work- talking about workers in our nuclear compensation to employees who are ers who served for years to maintain weapons facilities run by the Depart- suffering from chronic beryllium dis- and strengthen our defenses during the ment of Energy or their contractors. ease, or from a radiation-related can- cold War were not informed or pro- We now have evidence that, in at least cer that is determined to likely have tected against the health hazards they some instances, the federal govern- been caused by exposures received in faced at work. Only during the Clinton ment that they had dedicated them- the course of their service at a DOE fa- Administration has the government selves to serving put these workers in cility. It would also provide a mecha- openly acknowledged that these work- harm’s way without their knowledge. nism for employees suffering from ex- ers were exposed to materials that I first became concerned about this posures to hazardous chemicals and were much more radioactive—and issue three years ago when my home- other toxic substances in the work- much more deadly—than previously re- town newspaper, the Nashville Ten- place to gain access to state workers’ vealed. nessean, published a series of stories compensation benefits, which are gen- I commend Secretary Richardson for describing a pattern of unexplained ill- erally denied for such illnesses at his leadership in bringing this issue to nesses in the Oak Ridge, Tennessee present. light, and for his efforts to close this area. Many of the current and former Mr. President, our amendment takes tragic chapter in the nation’s history Oak Ridge workers profiled in the sto- a science-based approach. It is not a for the thousands of workers and their ries believed that their illnesses were blank check. It does not provide bene- families whose lives were affected. related to their service at the Depart- fits to anyone and everyone who On of the earliest instances of the ment of Energy site. In 1997, I asked worked at a DOE facility who has health dangers of beryllium occurred the Director of the Centers for Disease taken ill. during World War II at the Sylvania Control to send a team to Oak Ridge to In the case of beryllium, we can say Company in Salem, Massachusetts. At assess the situation and to try to deter- with certainty that if someone has this plant, doctors first identified cases mine if what we were seeing there was chronic beryllium disease and they of beryllium disease, an acute and truly unique. Unfortunately, in the worked around beryllium powder, their often fatal lung illness that seemed end, the CDC did not take a broad disease is work-related; there is no similar to tuberculosis. At the time, enough look at the situation to really other way to get it. the company used beryllium in manu- answer the questions that had been The same is not true of cancer, of facturing fluorescent light bulbs. raised. course. A physician cannot look at a Some of the earliest radiation experi- And that, of course, has been a pat- tumor and say with certainty that it ments were conducted at the Massa- tern at Oak Ridge and at many DOE was caused by exposure to radiation, or chusetts Institute of Technology in sites over the years. Countless health by smoking, or by a genetic disposi- Cambridge as part of the Manhattan studies have been done, some on very tion, or by any other factor. However, Project. Scientists at MIT were also narrow populations and some on larger we do know that radiation in high among the first to conduct experiments ones, some showing some correlations doses has been linked to certain can- with beryllium oxide ceramics for the and some not able to reach any conclu- cers, and we now know that some Manhattan Project and the Atomic En- sions at all. The data is mixed, some of workers at DOE facilities were exposed ergy Corporation. Many of the first it is flawed, and we are left with a situ- to radiation, often with inadequate cases of beryllium disease occurred ation that is confusing and from which protections. among these scientists. it is very difficult to draw any definite What this amendment does is employ We have an opportunity today to conclusions. a mechanism developed by scientists at remedy the wrongs suffered by these And yet, there is a growing realiza- the National Institutes of Health and Department of Energy workers. Our tion that there are illnesses among the National Cancer Institute to deter- amendment creates a basic framework current and former DOE workers that mine whether a worker’s cancer is at for compensation. It is the least we can logic tells us are related to their serv- least as likely as not related to expo- do for workers who made such great ice at these weapons sites. For exam- sures received in the course of their sacrifices for our country during the ple, hundreds of current and former employment at a DOE facility. The cold war. They have already waited too workers in the DOE complex have been model takes into account the type of long for this relief. diagnosed with Chronic Beryllium Dis- cancer, the dose received, the worker’s Mr. THOMPSON. Mr. President, I ease. Many more have so-called ‘‘beryl- age at the time of exposure, sex, life- rise to offer an amendment along with lium sensitivity,’’ which often develops style factors such as whether the work- a bipartisan group of Senators, includ- into Chronic Beryllium Disease. The er smoked, and other relevant factors. ing Senator BINGAMAN, Senator only way to contract either of these In many, if not most, cases, it should VOINOVICH, Senator KENNEDY, Senator conditions is to be exposed to beryl- be possible to determine with a suffi- DEWINE, Senator REID, Senator THUR- lium powder. The only entities that use cient degree of accuracy the radiation MOND, Senator BRYAN, Senator FRIST, beryllium in that form are the Depart- dose a particular worker or group of Senator MURRAY, Senator MURKOWSKI, ment of Energy and the Department of workers received. However, in some Senator HARKIN, and Senator STEVENS. Defense. cases—because the Department of En- Mr. President, watching President And there are other examples, per- ergy kept inadequate or incomplete Clinton’s summit meeting with Rus- haps less clear cut, but certainly wor- records, altered some of its records, sian President Vladimir Putin last thy of concern. Uranium, plutonium, and even tampered with the dosimetry weekend, I think we were all reminded and a variety of heavy metals found in badges that workers were supposed to of how far our two nations have come people’s bodies. Anecdotes about haz- wear—it may not be possible to esti- over the past decade, since President ardous working conditions where peo- mate with any degree of certainty the Reagan implored President Gorbachev ple were unprotected against both ex- radiation dose a certain worker re- to ‘‘tear down (the Berlin) Wall,’’ and posures they knew were there and ex- ceived. For these workers, who are President Bush presided over its de- posures of which they were not aware. really the victims of DOE’s bad behav- struction. While dangerous new threats It’s time for the federal government to ior, our amendment provides an expe- have emerged, the Cold War that domi- stop automatically denying any re- dited track to compensation for a spec- nated the politics of our security for sponsibility and face up to the fact ified list of radiation-related cancers. four decades is over, and the United that it appears as though it made at Mr. President, the Governmental Af- States won. We should be proud of that least some people sick. fairs Committee, which I chair, held a S4756 CONGRESSIONAL RECORD — SENATE June 8, 2000 hearing on this issue back in March. The third group of workers are those develop and publish radioepidemiolog- We heard testimony from several work- who had dangerous doses of radiation ical tables that estimate ‘‘the likeli- ers from Oak Ridge, Tennessee and on the job. hood that persons who have or have Piketon, Ohio who are suffering from These workers were employed at nu- had any of the radiation related can- devastating illnesses as a result of merous current and former DOE facili- cers and who have received specific their service to our country. And of ties. We have included a general defini- doses prior to the onset of such disease course, it is not just the workers who tion of DOE and other type of facilities developed cancer as a result of those are affected—it is their entire family in the legislation, in lieu of including a doses.’’ I would like to ask unanimous that suffers emotionally, financially, list that might be incomplete, but for consent that a more detailed discussion and even physically. purposes of helping in the implementa- of how the bill envisions these guide- In the end, we must remember that tion of this amendment, if enacted into lines would be used be included as an these workers were helping to win the law, I would like to ask unanimous exhibit at the end of my remarks. cold war, to defend our Nation and pro- consent that a non-exclusive list of the The PRESIDING OFFICER. Without tect our security. They were patriotic facilities intended to be covered under objection, it is so ordered. and proud of the work that they were this amendment be printed in the [See exhibit 2.] doing. If the Federal Government made RECORD following my statement. Mr. BINGAMAN. Under guidelines mistakes that jeopardized their health The PRESIDING OFFICER. Without developed by the HHS and used in this and safety, then we need to do what we objection, it is so ordered. amendment, if your radiation does was can to make it right. That is what this [See exhibit 1.] high enough to make it at least as like- amendment would do. I want to thank Mr. BINGAMAN. For beryllium ly as not that your cancer was DOE- the Chairman of the Armed Services workers, there are tests today that can work-related, you would be eligible for Committee, Senator WARNER, for his detect the first signs of trouble, called compensation for lost wages and med- support, as well as Senator LEVIN. I beryllium sensitivity, and also the ac- ical benefits. urge the rest of my colleagues to sup- tual impairment, called chronic beryl- The HHS-based method will work for port it as well. lium disease. If you have beryllium many of the workers at DOE sites. But Mr. BINGAMAN. Mr. President, I am sensitivity, you are at a higher risk for it won’t work for a significant minor- developing chronic beryllium disease. ity who were exposed to radiation, but pleased to join with Senator THOMPSON and others in offering this strongly bi- You need annual check-ups with tests for whom it would be infeasible to re- partisan amendment. It addresses occu- that are expensive. If you develop construct their dose. pational illnesses scientifically found chronic beryllium disease, you might There are several reasons why recon- to be associated with the DOE weapons be disabled or die. structing a dose might be—this infeasi- complex, that have occurred and are This amendment sets up a federal bility might exist. First, relevant now occurring because of activities workers’ compensation program to pro- records of dose may be lacking, or during the cold war. vide medical benefits to workers who might not exist altogether. Second, acquired beryllium sensitivity as a re- there might be a way to reconstruct This amendment is a joint effort of a sult of their work for DOE. It provides the dose, but it would be prohibitively bipartisan group of Senators. Specifi- both medical benefits and lost wage expensive to do so. Finally, it might cally, it has been put together by staff protection for workers who suffer dis- take so long to reconstruct a dose for a for myself, Senator FRED THOMPSON, ability or death from chronic beryl- group of workers that they will all be Senator GEORGE VOINOVICH, Senator lium disease. dead before we have an answer that can MIKE DEWINE, and Senator TED KEN- For radiation, the situation is more be used to determine their eligibility. NEDY. We have worked with the admin- complex. Radiation is proven to cause One of the workers who testified at istration, with worker groups, and with cancer in high doses. But when you my Los Alamos hearing might be an manufacturers. The staff have met look at a cancer tumor, you can’t tell example of a worker who could fall into with Armed Services Committee staff for sure whether it was caused by an the cracks of a system that operated during the development of this amend- alpha particle of radiation from the solely on dose histories. He was a su- ment, and I want to acknowledge the workplace, a molecule of a carcinogen pervisor at what was called the ‘‘hot chairman and ranking member of the in something you ate, or even a stray dump’’ at Los Alamos. All sorts of ra- Armed Services Committee for their cosmic ray from outer space. But sci- dioactive materials were taken there support for this amendment. entists can make a good estimate of to be disposed of. It is hard to recon- The workers in the DOE nuclear the types of radiation doses that make struct who handled what. And digging weapons complex, both at the produc- it more likely than not that your can- up the dump to see what was there tion plants and the laboratories, helped cer was caused by a workplace expo- would not only be very expensive, it us win the cold war. But that effort left sure. would expose new workers to radiation a tragic environmental and human leg- This amendment puts the Depart- risks that could be large. acy. We are spending billions of dollars ment of Health and Human Services There are a few groups of workers each year on the environmental part— (HHS) in charge of making the causal that we know, today, belong in this cleaning up the physical infrastructure connection between specific workplace category. They are specifically men- that was contaminated. But we also exposures to radiation and cancer. tioned in the definition of Special Ex- need to focus on the human legacy. Within the HHS, it is envisioned by posure Cohort. For other workers to be This amendment is an attempt to put this amendment that the National In- placed in this special category, the de- right a situation that should not have stitute for Occupational Safety and cision that it was infeasible to recon- occurred. But it proposes to do so in a Health (or NIOSH) take the lead for the struct their dose would have to be way that is based on sound science. tasks assigned by this amendment. made both by HHS and by an inde- The amendment focuses federal held Thus, the definition section of the pendent external advisory committee on three classes of injured workers. amendment specifies that the Sec- of radiation, health, and workplace The first group is workers who were retary of HHS act with the assistance safety experts. We allow groups of involved with beryllium. Beryllium is a of the Director of NIOSH. This assign- workers to petition to be considered by non-radioactive metal that provokes, ment follows a decision made in DOE the advisory committee for inclusion in some people, a highly allergic lung during the Bush Administration, and in this group. Once a group of workers reaction. The lungs become scarred, ratified by the National Defense Au- was placed in the category, it would be and no longer function. thorization Act for Fiscal Year 1993, to eligible for compensation for a fixed The second group is workers who dug give NIOSH the lead in identifying lev- list of radiation-related cancers. the tunnels for underground nuclear els of exposure at DOE sites that The program in this amendment also tests and are today suffering from present employees with significant allows, in section 3515, for a lump-sum chronic silicosis due to their occupa- health risks. payment, combined with ongoing med- tional exposures to silica, which were HHS was also given a Congressional ical coverage under section 8103 of title not adequately controlled by DOE. mandate, in the Orphan Drug Act, to 5, United States Code. This could be June 8, 2000 CONGRESSIONAL RECORD — SENATE S4757 helpful, for example, in settling old Allied Signal Uranium Hexafluoride Facil- To this end, the National Institutes of cases of disability. It may be a good ity, Metropolis, Illinois. Health (NIH) was tasked to develop deal for survivors of deceased workers Linde Air Products facilities, Tonowanda, radioepidemiology tables. These tables, whose deaths were related to their New York. which are currently being updated by the Mallinckrodt Chemical Company facilities, NIH, include data on 35 cancers compared to work at DOE sites. St. Louis, Missouri. the 13 cancers in the original tables from The provisions of the workers’ com- Nuclear Fuels Services facilities, Erwin, 1985. These tables account for the fact that pensation program in this amendment Tennessee. different cancers have different relative sen- are largely modeled after the Federal Reactive Metals facilities, Ashtabula, sitivities to ionizing radiation. Employee’s Compensation Program or Ohio. The determination of a PC takes into ac- FECA, which is found in chapter 81 of Department of Energy Facility: The fol- count the radiation dose and dose rate, the title 5, United States Code. In many lowing facilities (including any predecessor types of radiation exposure (external, inter- parts of the amendment, entire sec- or successor facilities to such facilities) nal), age at exposure, sex, duration of expo- would be among those included under the sure, elapsed time following exposure, and tions of FECA are incorporated by ref- definition in section 3503(a)(15): (for lung cancer only) smoking history. Be- erence. In other sections, portions of Amchitka Island Test Site, Amchitka, cause a calculated PC is subject to a variety FECA are restated in more general lan- Alaska. of statistical and methodological uncertain- guage to account for the fact that the Argonne National Laboratory, Idaho and ties, a ‘‘confidence interval’’ around the PC specific language in FECA would cover Illinois. is also determined. only Federal employees, while in this Brookhaven National Laboratory, Upton, Thus, a PC is calculated as a single, ‘‘point amendment we are covering Federal New York. estimate’’ along with a 99% confidence inter- Chupadera Mesa, White Sands Missile contractor and subcontractor employ- val which bounds the uncertainty associated Range, New Mexico. with that estimate. If we have 99% certainty ees, as well. In some instances, we Fermi Nuclear Laboratory, Batavia, Illi- that the upper bound of a PC is greater than modified provisions in FECA to address nois. or equal to 0.5 (i.e., a 50% likelihood of cau- known problems in its current imple- Fernald Feed Materials Production Center, sality), then the cancer is considered at least mentation or to reflect current stand- Fernald, Ohio. as likely as not to have been caused by the ards of administrative law. One exam- Hanford Works, Richland, Washington. radiation dose used to calculate the PC. ple of this is a decision not to incor- Idaho National Engineering Laboratory, For example, for a given worker with a porate section 8128(b) of title 5, United Idaho Falls, Idaho. particular cancer and radiation exposure his- Iowa Army Ammunition Plant, Bur- States Code, into this amendment. tory, the PC may by 0.38 with a 99% con- lington, Iowa. fidence interval of 0.21 to 0.55. This means That section absolutely precludes judi- Kansas City Plant, Kansas City, Missouri. that it is 38% likely that this worker’s can- cial review of decisions concerning a Latty Avenue Properties, Hazelwood, Mis- cer was caused by their radiation dose, and claim by the Department of Labor. souri. we can say with 99% confidence that this es- Since such decisions involve the sub- Lawrence Berkeley National Laboratory, timate is between 21% and 55%. Since the stantive rights of individuals being Berkeley, California. upper bound, 55% is greater than 50%, this conferred by this amendment, and Lawrence Livermore National Laboratory, person’s cancer would be considered to be at Livermore, California. least as likely as not to have been caused by since they are made through an infor- Los Alamos National Laboratory, Los Ala- mal administrative process, it seems exposure to radiation, and the person would mos, New Mexico, including related sites be eligible for benefits under the proposed appropriate to the sponsors of this such as Acid/Pueblo Canyons and Bayo Can- program. amendment that there be external re- yon. view to guard against, for example, ar- Marshall Islands Nuclear Test Sites, but Mr. VOINOVICH. Mr. President, I bitrary and capricious conduct in proc- only for period after December 31, 1958. rise today to join my colleagues, Sen- essing a claim. Maywood Site, Maywood, New Jersey. ators DEWINE, THOMPSON, FRIST, THUR- The amendment also had numerous Middlesex Sampling Plant, Middlesex, New MOND, MURKOWSKI, BINGAMAN, REID, Jersey. BRYAN, KENNEDY, HARKIN, and MURRAY administrative provisions to ensure a Mound Facility, Miamisburg, Ohio. fair process and to guard against dou- in support of an important amendment Niagara Falls Storage Site, Lewiston, New that will provide financial and medical ble compensation for the same injury. York. As the sponsors were developing this Nevada Test Site, Mercury, Nevada. compensation to Department of Energy amendment, we received a lot of inter- Oak Ridge Facility, Tennessee, including workers who have been made ill while est in federal compensation for expo- the K–25 Plant, the Y–12 Plant, and the X–10 working to provide for the defense of sure to other toxic substances. This Plant. the United States. amendment does not provide federal Paducah Plant, Paducah, Kentucky. Since the end of World War II, at fa- Pantex Plant, Amarillo, Texas. cilities all across America, tens of compensation for chemical hazards in Pinellas Plant, St. Petersburg, Florida. the DOE workplace, but does authorize thousands of dedicated men and women Portsmouth Plant, Piketon, Ohio. in our civilian federal workforce helped DOE to work with States to get work- Rocky Flats Plant, Golden, Colorado. ers with adverse health effects from Sandia National Laboratories, New Mex- keep our military fully supplied and their exposure to these substances into ico. our nation fully prepared to face any State worker compensation programs. Santa Susanna Facilities, Santa Susanna, threat from our adversaries around the It also would commission a GAO study California. world. The success of these workers in Savannah River Site, South Carolina. meeting this challenge is measured in of this approach so that we can evalu- Waste Isolation Pilot Project, Carlsbad, ate, in the context of a future bill, part with the end of the Cold War and New Mexico. the collapse of the Soviet Union. whether such an approach is effective. Weldon Spring Plant, Weldon Spring, Mis- We have a duty to take care of sick souri. However, for many of these workers, their success came at a high price. workers from the nuclear weapons EXHIBIT 2 complex today. It is a doable task, and They sacrificed their health, and even DETERMINING ‘‘CAUSATION’’ FOR RADIATION their lives—in many instances without a good use of our national wealth at a AND CANCER time of budget surpluses. I urge my knowing the risks they were facing—to Different cancers have different relative preserve our liberty. I believe these colleagues to support this bipartisan sensitivities to radiation. amendment. In 1988, the White Office of Science and men and women have paid a high price for our freedom, and in their time of EXHIBIT 1 Technology Policy endorsed the use by the Veterans Administration of the concept of need, this nation has a moral obliga- EXAMPLES OF DOE AND ATOMIC WEAPONS EM- ‘‘probability of causation’’ (PC) in adjudi- tion to provide some financial and PLOYER FACILITIES THAT WOULD BE IN- cating claims of injury due to exposure to medical assistance to these Cold War CLUDED UNDER THE DEFINITIONS IN THIS ionizing radiation. Given that a radiogenic AMENDMENT veterans. cancer cannot be differentiated from a (NOT AN EXCLUSIVE LIST OF FACILITIES) Last month, I introduced legislation, ‘‘spontaneously’’ occurring one or one caused along with many of the Senators who Atomic Weapons Employer Facility: The by other dietary, environmental and/or life- following facilities that provided uranium style factors, the PC—that is, the ‘‘likeli- have co-sponsored this amendment, conversion or manufacturing services would hood’’ that a diagnosed cancer has been that would provide financial compensa- be among those included under the definition ‘‘caused’’ by a given radiation exposure or tion to Department of Energy workers in section 3503(a)(4): dose—has to be determined indirectly. whose impaired health has been caused S4758 CONGRESSIONAL RECORD — SENATE June 8, 2000 by exposure to beryllium, radiation or concerns. However, the nature of the ship to illness. Yet, these are not nor- other hazardous substances. Our bill, illnesses involved suggests more than a mal circumstances, and the reason we S. 2519, the ‘‘Energy Employees Occu- coincidental relationship with their are offering this amendment today is pational Illness Compensation Act of victims. because in too many instances, sound 2000,’’ also provides that compensation For example, beryllium disease is a science either does not exist in DoE fa- be paid to survivors of workers who ‘‘fingerprint’’ disease. That means it is cility records, or it cannot be relied have died and suffered from an illness particularly identifiable and cannot be upon for accuracy. resulting from exposure to these sub- mistaken for any other disease, leaving For example, in my own state of stances. no doubt as to what caused the illness Ohio, at the Portsmouth Gaseous Dif- Need for this type of legislation was of the sufferer. Additionally, the proc- fusion Plant—a plant that processes further solidified when on May 25th, essing of the beryllium metals that high-quality nuclear material—work- Energy Secretary Bill Richardson re- cause Chronic Beryllium Disease is sin- ers had little or no idea that they had leased a Department of Energy report gularly unique to our nuclear weapons been exposed to dangerous levels of ra- on safety and management practices at facilities. dioactive material. As the Department the Portsmouth Gaseous Diffusion In cases of radiation exposure at DoE of Energy’s own independent investiga- Plant in Piketon, Ohio. The report, facilities, it is understandable that tion has shown, such exposure went on which was based on an independent in- some may question whether a person for decades. vestigation authorized by Secretary was exposed to radioactive materials The independent investigation at Richardson, highlighted unsafe condi- from another source, primarily because Portsmouth, also demonstrated that tions at Piketon and deemed past man- records may not reflect that an em- until recently, proper safety pre- agement practices as shoddy and in ployee was exposed to such materials. cautions at Piketon were rarely taken many cases, inadequate to protect the The Department of Energy’s inde- to adequately protect workers’ safety. health and safety of Piketon’s work- pendent investigation at Portsmouth Even when precautions were taken, the force. The report confirmed many of showed that, in some cases, the de- use of protective standards was incon- the fears that these workers have struction and alteration of DoE work- sistent and in some instances were quietly faced for years, and it is why it ers’ records occurred. There have been deemed only ‘‘moderately effective.’’ is imperative that we pass legislation anecdotes indicating similar occur- If consistent, reliable and factual this year that will compensate these rences at other DoE facilities around data is not available, Mr. President, cold war heroes. the nation. then it will be quite difficult if not im- Additionally, dosimeter badges, Mr. President, the amendment that possible to utilize sound science in which record radiation exposure, were is being offered today by my distin- order for employees to prove their not always required to be worn by DoE guished colleague Senator THOMPSON is claims. similar to S. 2519 except for minor dif- workers. And when they were required, Similar situations like those that ferences. they were not always worn properly or have been documented at Piketon have Under S. 2519, a federal program is consistently. Workers at the Piketon been reported at other Ohio facilities created for all workers who are due plant also have stated that plant man- including the Fernald Feed Materials compensation because of an illness suf- agement not only did not keep ade- Production Center in Fernald, Ohio and fered due to the nature of a person’s quate dosimetry records, in some cases, the Mound Facility in Miamisburg, job. This amendment creates a federal they chanted the dosimetry records to Ohio, not to mention a host of other fa- program for workers suffering from be- show lower levels of radiation expo- cilities nationwide. At this time, the ryllium disease, silicosis and cancer sure. There have been reports that DoE Department of Energy is only acknowl- due to radiation exposure. Workers suf- plant management would even change edging these situations at the Gaseous fering from illnesses due to other dosimeter badges to read ‘‘zero’’— Diffusion Plant. chemical exposures would be covered which means the level of exposure to under state workers compensation pro- radiation would be officially recorded In addition to shoddy or non-existent grams. The Department of Energy’s Of- as zero, regardless of the exposure level record keeping, the DoE has admitted fice of Workers’ Compensation Advo- that actually registered on the badge. that at some facilities, workers were cate—created by this amendment—will In too many instances, records do not not told the nature of the substances help employees apply for compensation exist, and where they do exist, there is they were handling. They weren’t told with their particular state’s worker adequate reason to doubt their accu- about the ramifications that these ma- compensation program. racy. The amendment recognizes that terials may have on their future health In addition, S. 219 allows a broad this is the case at the Department of and quality of life. It is truly uncon- burden of proof to be placed on the gov- Energy’s three Gaseous Diffusion scionable that DoE managers and other ernment, one that provides a greater Plants—Piketon, Ohio, Paducah, Ken- individuals in positions of responsi- number of Department of Energy work- tucky and Oak Ridge, Tennessee—and bility could be so insensitive and ers who have cancer related to radi- takes the unusual step of placing the uncaring. ation exposure to receive federal com- burden of proof on the government to Last year, the Toledo Blade pub- pensation benefits. This amendment prove that an employee’s illness was lished an award-winning series of arti- maintains that burden of proof for not caused by workplace hazards. cles outlining the plight of workers workers at the nation’s three Gaseous This amendment allows for sound suffering from Chronic Beryllium Dis- Diffusion Plants, but, the amendment science where it is available, specifi- ease (CBD). While government stand- assumes that other workers will be cally, if it is possible to adequately and ards were met in protecting the work- able to find records showing whether or accurately estimate radiation doses, ers from exposure to beryllium dust, not their federal service made them and scientifically assure that a work- many workers still were diagnosed sick. If it is not possible for the De- er’s cancer is work-related or not. How- with CBD. Were the standards too low? partment to find an employee’s ever, if it is not reasonably possible to Was the protective equipment faulty? records, or, adequately estimate dose adequately and accurately reconstruct Whatever the cause, it is estimated history, then the burden of proof doses, then ill workers covered under that 1,200 people across the nation have threshold established for workers at this amendment would be eligible for contracted CBD, and hundreds have the Gaseous Diffusion Plants will apply compensation that is based on criteria died from it, making CBD the number- to that particular employee. that exists for workers at our nation’s one disease directly caused by our cold Some of my colleagues may question Gaseous Diffusion Plants. war effort. whether or not the Federal Govern- To be clear, Mr. President, under nor- Mr. President, there may be some ment should be making an expenditure mal circumstances, I am not one who who think that this amendment costs of this amount of money. Some may would advocate a ‘‘guilty until proven too much, so we shouldn’t do it. I ask how we will know which worker or innocent’’ approach. I firmly believe strongly disagree. family member has a bona fide claim that we should use sound science to de- Congress appropriates billions of dol- for compensation. These are legitimate termine exposure levels and relation- lars annually on things that are not June 8, 2000 CONGRESSIONAL RECORD — SENATE S4759 the responsibility of the federal gov- won the cold war. Now, they simply ergy—did not provide for the proper ernment—and I have voted against ask that their government acknowl- protection of these workers. According most of the bills that include this kind edge that they were made ill in the to Dr. Bertell: of funding. Here we have a clear in- course of doing their job and recognize Although the workers were apparently told stance where the actions of the federal that the government must take care of that their work was not ‘hazardous,’ they government is responsible for the ac- them. were actually classified as nuclear workers tions it has taken and the negligence it Until recently, the only way many of and were exposed to levels of ionizing radi- ation from non-natural and/or non-normal has shown against its own people. Peo- these employees believed they would sources, above the level which at that time ples’ health has been compromised and ever receive proper restitution for what was permitted yearly for the general public, lives have been lost. In many in- the government has done to them is to namely 500 mrem/year...Doses received stances, these workers didn’t even file a lawsuit against the Department by the men during special assignments and know that their health and safety were of Energy or its contractors. But, in during the post-Cannikin cleanup, exceeded in jeopardy. It is not only a responsi- the time that I have been involved in the permissible quarterly dose of 1250 mrem this issue in the Senate, the Depart- and the maximum permissible yearly dose of bility of this government to provide for 5000 mrem. these individuals, it is a moral obliga- ment of Energy has come a long way I would note that the allowable expo- tion. from its decades-long stance of sure standards for both workers and My belief that we have a moral obli- stonewalling and denial of responsi- the general public are much lower gation to these people was strength- bility. Today, they admit that they today. ened last October when I attended a have wronged our cold war heroes. The actual amount of radiation the public meeting of workers from the Still, we must do more. Amchitka workers were exposed to is Portsmouth Gaseous Diffusion Plant. I I believe that all those who have difficult to quantify, Mr. President. learned an incredible amount about the served our nation fighting the cold war These workers generally did not have integrity of the hard-working men and have a right to know if the federal gov- the protection of radiation safety women and what they have been ernment was responsible for causing training or instruction in the proper through. them illness or harm, and if so, to pro- usage of Thermoluminescent I heard heart-wrenching stories from vide them the care and compensation Dosimeters (TLDs). To make matters people like Ms. Anita George, a 23 year that they need and deserve. That is the even worse, exposure records were not employee at Piketon who testified that purpose of our amendment, and I am kept in many cases by the AEC. Some ‘‘I only know of one woman that works pleased to join with my colleagues in of the records that were kept by AEC in my department that has not had a support of its acceptance in this bill. were later lost. While this was not un- hysterectomy and other reproductive Mr. MURKOWSKI. Mr. President, I usual in the very early years of the nu- problems.’’ Ms. George described a situ- rise as a cosponsor in support of the clear age, radiation protection formali- ation where she and two of her col- amendment, and thank all the sponsors ties were well established by the late leagues were exposed to an for their work in this area. 1960s and 1970s at the time of the Am- ‘‘outgassing’’ on a ‘‘routine’’ decon- The purpose of this amendment, put chitka tests. Yet the proper procedures tamination job. simply, is to provide compensation to were not followed and the proper After the exposure, the women start- workers who have gotten sick as a re- records were not kept. ed to experience health problems, in- sult of their exposure to hazardous ma- So although these were some likely cluding heavy bleeding, elevated white terials in the course of their efforts to exposures, the records that could help blood cell counts and kidney infec- build and test nuclear weapons. We these workers make a claim under ex- tions. Plant physicians told them that must do right by these workers. They isting authority do not exist through they should ‘‘just lie down and rest’’ if were instrumental in winning the cold no fault of their own. That is the rea- they had any problems while they were war. Their efforts deterred hostile at- son that Amchitka workers are in- working. Three years after the expo- tack and safeguarded our security. cluded in the ‘‘Special Exposure Co- sure, all three women had had I want to highlight a small group of hort’’ with the workers at the Gaseous hysterectomies. The plant denied their those workers who toiled on a remote Diffusion Plants in Portsmouth, Ohio; workers’ compensation claims. island in Alaska to test the largest un- Paducah, Kentucky; and Oak Ridge, I also heard from people like Mr. Jeff derground nuclear weapons test our na- Tennessee. If a member of the special Walburn, another 23-year plant em- tion ever conducted. exposure cohort gets a specified disease ployee and former councilman and vice Amchitka is an island in the Aleu- listed in the amendment that is known mayor of the city of Portsmouth, who tian arc 1340 miles southwest of An- to be associated with ionizing radi- testified that while working in one of chorage. As I mentioned, it is the site ation, her or she is entitled to appro- the buildings, he became so sick that of the largest underground nuclear test priate compensation. his lungs ‘‘granulated.’’ When he went in U.S. history—the so-called ‘‘Can- I appreciate the work of Senator to the infirmary, they said he was nikin’’ test of 1971. This 5 megaton test THOMPSON and others, and the consid- ‘‘okay for work.’’ Later that day, he was preceded by two prior tests: ‘‘Long eration given us by the floor managers. Mr. President, I yield the floor. went to the hospital because in his Shot,’’ an 80 kiloton test in 1965; and words, ‘‘my face was peeling off.’’ Ac- ‘‘Milrow,’’ a 1 megaton test in 1969. AMENDMENT NO. 3251 cording to Mr. Walburn, he couldn’t According to an independent investi- (Purpose: To conform standards of judicial speak, his hair started falling out, his gator, Dr. Rosalie Bertell, the ionizing review of actions relating to selection boards; and to make a technical correc- lungs started ‘‘coming out’’ and his radiation exposure above normal back- tion) bowels failed to function for more than ground levels experienced by Amchitka Beginning on page 144, strike line 22 and 6 days. When he went to get his records workers ranged from 669 up to 17,240 all that follows through page 145, line 4, and to file his worker’s compensation milliren/year. Workers exposures at insert the following: claim, he was told that his diagnosis Amchitka were primarily due to: may be, only if the court finds that rec- had been ‘‘changed, been altered.’’ Groundwater transport of tritium ommendation or action was contrary to law The Department of Energy has held from the Longshot test; or involved a material error of fact or a ma- similar public meetings at facilities Radionuclides stored on site or used terial administrative error. across the nation—these stories are not in the shaft, including scandium 46, ce- On page 145, strike lines 8 through 12, and insert the following: unique to the Portsmouth Gaseous Dif- sium 137, and other radioactive diag- only if the court finds the decision to be ar- fusion Plant. nostic capsuled sources; bitrary or capricious, not based on substan- Mr. President, it is unfortunate that Radioactive thermoelectric gener- tial evidence, or otherwise contrary to law. this amendment is necessary in the ator (RTG) use; On page 148, line 24, strike ‘‘off Defense’’ first place; the compensation it will Material released from the Cannikin and insert ‘‘concerned’’. provide is little consolation for the re-entry operations in 1972; The PRESIDING OFFICER. The Sen- pain, health problems and diminished Unfortunately, it appears that The ator from Nevada is recognized. quality of life that these individuals Atomic Energy Commission—the pred- Mr. REID. Mr. President, I extend my have suffered. These men and women ecessor of today’s Department of En- appreciation for the work done by the S4760 CONGRESSIONAL RECORD — SENATE June 8, 2000 managers of this bill. Also, I want to I compliment the Senator from Ne- was absolutely shocked and just briefly focus on one amendment that vada. couldn’t believe it. Indeed, a famous was adopted. I ask the Senators to inform the Virginian, Graham Clayton, who came The fact that these amendments were managers of the amendments they in- along as Secretary of the Navy shortly agreed to en bloc doesn’t take away tend to bring forward. I recognize that after me, was the naval officer on from the importance of this legisla- the text of the amendments in certain board a ship that arrived first on the tion. We can come out here and talk instances cannot be provided at this scene. Graham Clayton used to recount for hours on a piece of legislation, and time. But we need as much information to me his personal recollections about it has no more meaning than some of as possible. Hopefully, Members will this. these that have just been adopted by provide that to the managers. At some I yield the floor. the managers of the bill. The one I point in time, I am going to urge lead- AMENDMENT NO. 3210, AS MODIFIED want to discuss is by Senators THOMP- ership today to have a cutoff and that The PRESIDING OFFICER. The Sen- SON, VOINOVICH, REID, and a number of we at least have the name, the amend- ator from New Hampshire is recog- other people, dealing with nuclear test ment, as much as we can know about nized. site worker compensation. it, so that our leadership can have Mr. SMITH of New Hampshire. I had a meeting last week in Las some estimate from the managers as to Thank you very much, Mr. President. Vegas with a woman named Dorothy the time in which this bill could be Before addressing the Senate on the Clayton, who, coincidentally, is in concluded. issue of the Indianapolis, I have an town today. Her husband was one of Mr. LEVIN. Mr. President, I know amendment to my amendment 3210 at the people working at the test site for how hard Senator REID is working to the desk, and I ask unanimous consent over three decades. One of his first du- put together that list. We hope we will that the modification of my own ties was to go in after the blast was set have such a list. Senator REID can com- amendment at the desk be agreed to. off in one of these tunnels and bring ment more directly on that. I thank Mr. LEVIN. Mr. President, this is the out the devices. He had protective him for the work he is doing so that we modification which was previously equipment on, but of course it didn’t can try to expedite this process. shared with the minority. We have no work. We didn’t know that at the time. Mr. REID. I am happy in this in- objection to the pending Smith amend- This man, who literally gave his life stance to be Senator LEVIN’s assistant ment being modified. for the country, developed numerous to help move this legislation along. I The PRESIDING OFFICER. Without cancers and died a very difficult death. say to the chairman of the committee, objection, it is so ordered. This legislation would compensate peo- at noon, or thereabouts, we expect the The amendment (No. 3210), as modi- ple such as Dorothy Clayton’s husband staff will exchange amendments that fied, is as follows: and many others who worked at the have now been presented in the various At the appropriate place, add the fol- Nevada Test Site and other nuclear cloakrooms to the managers of the bill. lowing: complexes around the country. People They will work to determine what ‘‘SEC. . PERSONNEL SECURITY POLICIES. such as this made the cold war some- amendments they want to add or sub- No officer or employee of the Department thing we now look back on saying that tract, and, hopefully, at 1 o’clock we of Defense or any contractor thereof, and no we won. will have a finite list of both majority member of the Armed Forces shall be grant- I want everyone to know that this and minority amendments. We can ed a security clearance if that person— legislation, which has been around for (1) has been convicted in any court within work from that list. As a result of the the United States of a crime and sentenced a long time, is now passed. Not only work done by the two managers, that to imprisonment for a term exceeding 1 year; was the meeting in Las Vegas one list is being narrowed significantly this (2) is an unlawful user of or addicted to any where Mrs. Clayton talked about her morning. controlled substance (as defined in section husband’s death, but we had Assistant Mr. WARNER. I thank my colleague. 102 of the Controlled Substances Act); Secretary of Energy Michaels there, I assure you that on this side I have (3) is currently mentally incompetent; or who came to express his apologies to the support of my leadership, and we (4) has been discharged from the Armed Mrs. Clayton and all such people who can begin to exchange the lists. I urge Forces under dishonorable conditions.’’. have been injured and died over the the leadership to come to the body and Mr. SMITH of New Hampshire. Mr. years. He did this by saying that we, get unanimous consent to have some President, I thank my colleague from the Federal Government, didn’t know cutoff at some point today. Michigan for working with me. I wish at the time that problems would de- Mr. REID. I also say to the chairman, to clarify that he is not necessarily velop. It was a very moving occasion, the two leaders have been meeting. agreeing with all of it, but he has where the Federal Government—looked They have had discussions about this agreed to the modification allowing me upon by many as a big brother— legislation. to modify my amendment, which he did stepped forth and said we made a mis- Mr. WARNER. Indeed they have. not have to do. I appreciate it very take. There has been strong support. much. With this legislation, we hope to be Mr. President, I see our distinguished Before getting into the detail of the able to compensate these people in a colleague, a member of the Committee tragedy of the U.S.S. Indianapolis, minimal way for their efforts. So the on Armed Services, about to address which happened so many years ago in veil of secrecy in existence for many the Senate on a subject on which I 1945, I commend my colleague and the years is lifted. People have attempted have been privileged to work with him chairman of this committee, Senator through litigation to have a right to for some time. John WARNER, a former Secretary of protect themselves, and they could not I must say that in the many years I the Navy. When I first approached Sen- because it was against the law. have been on this committee I have ator WARNER on this topic, he was Through this legislation, other things never seen a more diligent nor a more somewhat skeptical, as I was frankly, we are doing will be made part of the committed effort than that by the Sen- when I first learned of it. But he took law, and through the appropriations ator from New Hampshire. It has been the time to listen to the details and process we will be able to compensate a matter of personal pleasure to me to the facts that came forth. He granted a these people. work with him and to go back into the hearing at my request on the U.S.S. In- I very much appreciate the managers history of the U.S. Navy about an dianapolis matter. We heard from sur- agreeing to this amendment. It is ex- event of great tragedy. I think what he vivors and we heard from the Navy. We tremely important to the thousands is proposing today will be well received heard from all sides. As a result of that and thousands of people in America by the Senate and, indeed, hopefully by hearing and the information provided, today, some of whom have lost loved the naval community which have la- Senator WARNER worked with me to ones. bored with this burden for these many, draft language in this bill to correct an Mr. WARNER. I thank our colleague. many years since the closing days of egregious mistake. Might I engage the Senator from Ne- World War II. Some have said that we are rewriting vada and the Senator from Michigan in I remember vividly at the time this history in this debate. I am a history a colloquy about the procedural efforts. particular ship was sunk, the Nation teacher. I don’t believe you can rewrite June 8, 2000 CONGRESSIONAL RECORD — SENATE S4761 history. I think history is either fac- until the day that President Truman Last April, I had another meeting tual or it isn’t. But I think we can cor- announced the surrender of Japan, with a second group of survivors, and rect this. If a mistake is made, or has thus, lessening its coverage by the young Hunter Scott, who had returned been made, then I think we have an ob- media, and as a result its impact on to Washington once again in their ef- ligation to correct that mistake. In the American people. fort to right what they believed was a that view, I want to share with my col- Let me frame this again: In the same wrong. In spite of the hearing, we still leagues over the next few minutes what day’s news, President Truman an- haven’t gotten it done. Their story, in happened in 1945. nounces the surrender of Japan and turn, got my attention and led me to Senator WARNER mentioned an old then this footnote that the U.S.S. Indi- introduce Senate Joint Resolution 26, colleague of his, a friend of his, who anapolis was sunk with 317 survivors. which expresses the sense of Congress had been one of the officers to rescue Today, only 130 men still live who that Captain McVay’s court-martial the crew of the U.S.S. Indianapolis. It survived from the U.S.S. Indianapolis. was morally unsustainable; that his was only 4 months before that my own In April of 1998, I met for the first time conviction was a miscarriage of jus- father, a naval aviator, was killed just with 12 of those survivors. tice, and that the American people prior to the end of the Second World I might add that, sadly, as the should now recognize his lack of culpa- War after having served in that war. months go by survivors pass away. bility for the loss of the ship and the This incident happened just days before Most of these men are in their seven- lives of 880 men who died as a result of the end of the war in which over 1,200 ties and eighties. Every day that goes the sinking. men went down and only 300 and some by and we don’t get this issue resolved Mr. President, this language does not survived. is another day that we lose survivors. erase the conviction of Captain McVay These tragedies happened. It is ter- But they were in Washington to from his record. We in Congress don’t rible. It is part of the war. plead for legislation for one simple rea- have the authority to erase the convic- I wish to share with my colleagues son: To clear their captain’s name. tion of a court-martial. It must remain what happened and why we are doing They were accompanied by a young boy on his record. But it is not, in my view, what we are doing. I believe that a by the name of Hunter Scott of Pensa- a stain on Captain McVay’s record. I grievous wrong was committed 55 years cola, FL, whose school history project believe it is a stain upon the con- ago, and it stained the reputation of an had led him to join their cause. I science of the Navy. Until this or some outstanding naval officer. I refer to the learned from those survivors and from future President sees fit to order it be late Capt. Charles Butler McVay, III, this young boy, who was only 13 years expunged, we can’t do that. If I could, who was tried and convicted at a court- old at the time, the story of the sink- I would, with the stroke of a pen. I urge martial, unjustly I believe. I believe ing. I had heard about it. I had read President Clinton, or any other Presi- that firmly. I believe that based on the about it. But I didn’t really know all of dent in the future, to do it. But I can’t facts. He was tried and convicted un- the facts. I learned that the survivors do it. This Senate can’t do it. justly as a result of the sinking by a had been unanimous for over a half a This resolution does something very Japanese submarine of his ship, the century in their efforts to have their important. It represents acknowledg- U.S.S. Indianapolis, shortly before the captain’s good name restored. For 50 ment from one branch of this Govern- end of the Second World War. years, they have fought to restore their ment, the U.S. Congress, House and the The loss of the U.S.S. Indianapolis to captain’s name, saying that he was un- Senate, that Captain McVay served ca- a Japanese submarine attack happened justly court-martialed and found guilty pably, that his conviction was morally on July 30, 1945. It remains without of the loss of the U.S.S. Indianapolis. wrong, and that he should no longer be question the greatest sea disaster in Hunter Scott’s involvement had re- viewed by the American people as re- the history of the U.S. Navy. Eight- newed interest in their cause, and sponsible for this horrible tragedy hundred and eighty men perished. Of Hunter Scott’s involvement, I think, as which haunted him to the end of his the 1,197 men aboard, 880 died at sea. a young boy, came as a result of the life. An estimated 900 men, however, sur- book called ‘‘Fatal Voyage: The Sink- I will take you back 55 years, the end vived the actual sinking, but they were ing of the U.S.S. Indianapolis,’’ written of the Second World War, the late sum- left, in some cases, without lifeboats, by Dan Kurzman. mer of 1945. After surviving a kamikaze without food, and without water. And With no financial interest in the attack off Okinawa in March of 1945— they faced shark attacks for 4 days and book, I would certainly recommend which killed 17 of his crew—Captain 5 nights. that book to anyone who wishes to McVay returned the Indianapolis safely If you can, imagine the horror of that know the facts of what happened with to California for repairs. For those who experience of being thrown into the sea the U.S.S. Indianapolis. are probably too young to remember in a matter of minutes after a torpedo But Mr. Scott had attracted the at- the war, a kamikaze attack was a Jap- attack by an enemy submarine and to tention of the media as well as the at- anese aircraft that flew directly into be in the water with sharks for 4 days tention of his Member of Congress in the ship with the pilot of the Japanese and 5 nights without lifeboats, in some the House of Representatives, Con- aircraft giving up his own life to crash cases, and without food and without gressman Joe Scarborough, who had al- land the aircraft into the ship to blow water. Only 317 of those men remained ready introduced legislation in the it up. Kamikaze attacks killed a lot of alive when they were discovered by ac- House which called for a posthumous Americans. cident 5 days later, because when their pardon for Captain McVay. McVay’s ship and McVay survived, ship failed to arrive on schedule, be- Hunter Scott can be very proud. He but it killed 17 of his crew. McVay got lieve it or not, it was not missed. The demonstrated that one person with grit the ship back to shore. Remember, this ship that was scheduled to arrive in and perseverance, in search of justice, ship was just hit by kamikaze attack, port 4 or 5 days before was never even can find that justice in the Halls of but this captain was so well respected missed. The Navy had completely lost Congress. This boy, at the age of 12 or and admired by his naval superiors track of this cruiser, the U.S.S. Indian- 13, brought the facts of this case to the that once the ship was repaired, they apolis, and its entire crew. When it Congress. As a result, language now is didn’t even have time to go out and didn’t come into port, nobody missed in this Defense authorization bill have a shake-down cruise. It was se- it. These men literally stayed at sea which will clear Captain McVay’s name lected to transport components of the for 4 or 5 days. The only hope they had as a result of this 12 or 13-year-old boy. atomic bomb which was ultimately was the fact that an SOS had been sent When we hear stories about young dropped on Hiroshima by the Enola out and somebody had heard it, and people today, we always hear the bad Gay. They were to deliver the compo- they would be found. things. This is good. He is a very im- nents for that bomb. McVay, among all This tragedy, as you might expect, pressive young man. He testified before other captains, and McVay’s ship, the was a great embarrassment to the U.S. the Armed Services Committee. He Indianapolis, was selected for that criti- Navy. It was such an embarrassment to wasn’t nervous. He held his own. He an- cally important duty. It successfully the Navy with a ship going down that swered tough questions. He had the an- delivered the bombing parts to the is- the news was not given to the public swers without any hesitation. land of Tinian—and, coincidentally, S4762 CONGRESSIONAL RECORD — SENATE June 8, 2000 setting a speed record across the Pa- that the Japanese said they sunk a I believe one of our witnesses at the cific for surface vessels which stands to ship. It was a reasonable mistake, I September hearing, Dr. William Dud- this day. suppose, but maybe they could have ley, Chief Naval Historian, may have Here is a ship that was hit by a kami- checked it out. given us the answer. He testified that kaze. There was very little time to It should be remembered at this Admiral King was a strict discipli- check the repairs, no shake down, the point that hostilities in July 1945 had narian who, ‘‘when mistakes were repairs were performed, and they were moved far to the north of the Phil- made, was inclined to single out some- given the materials for the bomb and ippine Sea. We were preparing for the body to blame.’’ departed for the island of Tinian. The expected invasion of Japan over 1,000 I am forced in this instance to use ship was routed on to Guam after that miles away. The Japanese surface fleet the word ‘‘scapegoat’’ because I believe duty for sailing waters to Leyte. At was virtually nonexistent. Only four that is exactly what Captain McVay Guam, Captain McVay requested a de- Japanese submarines were thought to became. Brought here to the Wash- stroyer escort—this is very important. be operational in the entire Pacific re- ington Navy Yard to face his court- At Guam, Captain McVay requested a gion. It is fair to conclude from these martial, Captain McVay was denied his destroyer escort across the Philippine facts that there was a relaxed state of choice of a defense counsel and as- Sea. No capital ship without antisub- alert on the part of naval authorities signed a naval officer who, although he marine detection equipment, such as in the Marianas, and it is also fair to had a law degree, had never tried a case the Indianapolis, had ever made that conclude, as a result that, Captain before. Neither Captain McVay nor his transit unescorted throughout World McVay and the men of the Indianapolis counsel were notified of the specific War II. No ship had ever gone from were sent into harm’s way without a charges against him until 4 days before Guam to Leyte during the war without proper escort or the intelligence which the court-martial convened and the an escort. McVay requested one. could have saved the ship and the lives charges against him were specious at McVay was denied. No escort. He was of the 880 members of its crew. best. told it was not necessary. They were in a relaxed state. Captain The Navy settled on two charges Navy witnesses at a hearing last Sep- McVay was basically given no reason against Captain McVay: No. 1, failing tember on this resolution conceded to be alarmed about anything. promptly to give the order to abandon that this was the case. The Navy con- Following the sinking, the Navy ship, and, No. 2, hazarding his ship by ceded that no escort was provided, even maintained the ship had sunk so fast it failing to zigzag. In other words, if you though it was requested. Even worse, had not time to send out an SOS. For know there are enemy ships in the McVay was not told that shortly before many years, this was never contested. area, if you zigzag, it is harder for the his departure from Guam, an American But following appearances on several enemy ship to get a reading on you and destroyer escort, the U.S.S. Underhill, national TV programs, Hunter Scott, sink you. had been sunk by a Japanese sub- this 13-year-old boy, had received word He was ultimately found innocent on marine within the range of his path. from three separate sources, each pro- the first charge, failing to promptly Navy witnesses in our September hear- viding details of a distress signal of abandon ship, when it became appar- ing on this bill conceded that this was which they were aware which was re- ent—and it should have been long be- the case. A request by McVay for a de- ceived from the ship and which, in each fore the charge was brought—that stroyer escort to go from Guam to case, had been ignored. So the SOS did there was no foundation for such Leyte. Request denied. Never happened go out, but it was ignored. charge because he did give the order. before. They always had escorts. At the September hearing, one of the The torpedo attack had immediately Second, the U.S.S. Underhill had been survivors who had served as a radio knocked out the ship’s intercom and sunk by a Japanese submarine in the man aboard the ship testified that a officers aboard the ship were forced to same sea route. They never admitted distress signal did, in fact, go out. He give the abandon ship order by word of this. said he watched the needle ‘‘jump,’’ on mouth to those around them. The ship Third, U.S. intelligence furthermore one of the ship’s transmitters, signi- was hit and it sunk in a matter of min- broke the Japanese code and learned fying a successful transmission. Today, utes. The entire intercom system was that the I–58, the Japanese submarine, however, the Navy still holds to its po- knocked out and you had to give the the very submarine which sunk the In- sition that a distress signal was never order to abandon ship one person at a dianapolis, was operating in the path of received and the truth will likely re- time. the Indianapolis. So we had U.S. intel- main a mystery in this incredible This charge, the second charge, fail- ligence that had broken the Japanese story, never to be resolved. ure to zigzag, including the phrase ‘‘in code and said the I–58 Japanese sub- Following his rescue from the sea, good visibility,’’ became the basis for marine was operating in the path of Captain McVay was faced with a court his conviction. In other words, failure the Indianapolis. Many responsible for of inquiry in Guam, which ultimately to zigzag in good visibility became the routing the ship from Guam to the recommended a court-martial. Fleet basis for his conviction, one which ef- Philippines were aware of the intel- Adm. Chester Nimitz and Vice Adm. fectively destroyed his career as a ligence, but McVay was not told. Navy Raymond Spruance, who was McVay’s naval officer. witnesses at our hearing conceded that immediate superior and for whom the Let’s look at the validity of that was true. That is why, to his credit, Indianapolis served as flagship, both of charge. Captain McVay sailed from Senator JOHN WARNER came over to these legendary naval heroes of war Guam with orders to zigzag at his dis- this issue. went on record as opposed to a court- cretion. Shortly before midnight on Mr. President, upfront I will say my martial for McVay—opposed. Adm. Er- July 29, 1945, the day before, with visi- duty is not to dump on the Navy. I am nest King, then-Chief of Naval Oper- bility severely limited—you zigzag in a former Navy man. My dad was a ations, overruled both Spruance and clear weather—visibility severely lim- naval aviator. I love the Navy. But if a Nimitz and ordered the court-martial. ited, and with every reason to believe mistake is made, we ought to admit To the best of my knowledge, this is the waters through which he is sailing the mistake. When the Indianapolis was the first time in the Navy’s history were safe, McVay exercised discretion sunk, naval intelligence intercepted a that the position taken by such high- with an order to cease zigzagging and message from the I–58 that it had sunk ranking officers has been counter- retired to his cabin, leaving orders to an American—they said battleship— manded in a court-martial case. the officer of the deck to wake him if along the route of the Indianapolis. The question has to be, Why does the the weather conditions changed. That message was dismissed as enemy Chief of Naval Operations overrule the Whether weather conditions changed propaganda. Naval witnesses at our two officers in command? Admiral is debatable. Some survivors say it did. hearing conceded that was also the Nimitz, one of the most highly re- Some were not sure. But survivors case. spected officers in the entire war in the were unanimous in depositions taken So after the ship was sunk, they Navy, recommended no on the court- shortly after their rescue that it was stayed in the sea for 4 to 5 days be- martial. He was overruled by the CNO, very dark prior to and at the time of cause they thought it was propaganda who was not even there. Why? Why? the attack; that the visibility was June 8, 2000 CONGRESSIONAL RECORD — SENATE S4763 poor. Chief Warrant Officer Hines, for One question they declined to an- Mr. WELLSTONE. Mr. President, I example, stated he could hardly see the swer: Would he have been court- ask unanimous consent that I follow outlines of the turrets on the ship. His martialed if he had arrived safely in the Senator from New Hampshire. and other similar depositions were not the Philippines but had failed to zigzag The PRESIDING OFFICER. Without made available to Captain McVay’s de- that night? The answer, quite obvi- objection, it is so ordered. fense counsel. ously, is no. And the Navy’s argument Mr. SMITH of New Hampshire. Mr. Again, why not? The Navy main- simply denies logic. President, in his letter, Hashimoto tained, and still does today, that the In other words, if failure to zigzag is confirmed his court-martial testimony visibility was good when the Indianap- the problem, then you ought to nail an by stating that he could have sunk the olis was spotted and subsequently officer who doesn’t do it before a trag- Indianapolis whether it had zigzagged torpedoed and sunk that night, ignor- edy, not after. If he had arrived in port or not. Then he went on to say: ing the sworn statements of those who safely, would he have been charged? Our peoples have forgiven each other for were there when it happened; ignoring The answer is no, of course, he that terrible war and its consequences. Per- them. wouldn’t have been charged. He had an haps it is time that your people (to) forgave Why is this important? It is impor- unblemished record as a naval officer. Captain McVay for the humiliation of his un- tant because there were no Navy direc- It defies logic, but it happened. just conviction. tives in place then, or today, which ei- In truth, McVay’s orders gave him That came from the man who sank ther ordered or even recommended zig- discretion to make a judgment, but McVay’s ship. He was a dedicated, com- zagging at night in poor visibility. The when he relied on the best information mitted Japanese officer who, if you order to zigzag was discretionary even he had, which indicated his path was read Mr. Kurzman’s book, was glad at if the weather was poor. safe, and exercised that discretion on a the time he sank the ship and, in fact, Moreover, in voicing opposition to dark night, he ended up with a court- was looking for a ship to sink. Captain McVay’s court-martial, Admi- martial and humiliation. Hashimoto attended that court-mar- ral Nimitz, in charge of the Pacific No intelligence was given to him. No- tial. In the English translation of a re- Fleet, pointed out: body told him there were enemy sub- cent interview Hashimoto gave to a marines in the area. Nobody told him The rule requiring zigzagging would not Japanese journalist, here are some ex- have applied, in any event, since Captain the Underhill was sunk days before. No cerpts about the court-martial of McVay’s orders gave him discretion on that one told him any of that. They also McVay: told him he had discretion to zigzag. matter and thus took precedence over all I wonder (if) the outcome of that court- other orders. In spite of all that, they court- martialed him. They humiliated him martial was set from the begin- This is a point, I might add, which ning. . .because at the time of the court- Captain McVay’s inexperienced defense for making a judgment call under cir- martial, I had a feeling it was contrived.... counsel never even addressed at the cumstances which any one of us would have done the same, including those That came from Hashimoto. There court-martial. are other comments Hashimoto makes, To bolster its case against McVay, who court-martialed him. Captain McVay’s judgment call to Mr. President. the Navy brought two witnesses to the There is one direct quote I want to court-martial. I have to say this has to zigzag was not responsible for this dis- aster, period. Other judgment calls give from his interview: be in the category of the unbelievable. may have been. Let’s review some of I understand English a little bit even then, One of the witnesses at Captain them. so I could see at the time I testified that the McVay’s naval court-martial, brought There was a judgment that his pas- translator did not tell fully what I said. I in by the U.S. Navy, was a man by the sage was safe; to deny him destroyer mean it was not because of the capacity of the translator. I would say the Navy side did name of Hashimoto, who was the cap- escort; to deny him the intelligence tain of the submarine which sank the not accept some testimony that were incon- about the sinking in his path of the venient to them. U.S.S. Indianapolis. The captain of the Underhill; to ignore the Japanese sub- As I conclude, I repeat, I love the submarine which sank the U.S.S. Indi- marine’s report that it had sunk an Navy. I served the Navy in Vietnam, anapolis, the enemy sub, the captain American battleship along his route; to and I would do it again. My father was was brought in to testify against a ignore the failure of the Indianapolis to a naval aviator and a graduate of the naval captain. That, my colleagues, arrive on schedule; if they were, in- was uncalled for. It was the height of deed, received, to ignore the distress Naval Academy. He was killed at the insult. Imagine this captain, after los- signals which were reported to be sent end of the Second World War after ing his crew to an enemy torpedo, not out; and to deny Captain McVay the serving in the Pacific and in the North even being told by his superiors that vital intelligence that the Japanese Atlantic. I have no intention of embar- there were enemy ships in the area, has submarine which sank his ship was op- rassing the Navy. That is not my pur- the captain of that ship testify against erating in its path. pose in sponsoring this legislation. him—an outrage. Those responsible for these judgment It is apparent that the old Navy The other witness was Glynn R. calls were far more responsible for the made a mistake when they court- Dunaho, winner of four Navy Crosses as loss of the Indianapolis and its crew martialed Captain McVay to divert at- an American submarine captain during than its captain. Guess what happened tention from the many mistakes which World War II. Neither helped the to them. Nada. No court-martial. Noth- led to the sinking of the Indianapolis, Navy’s case. Both Hashimoto and ing. Nothing happened to those who ig- mistakes beyond McVay’s control and Dunaho testified that, given the condi- nored the intelligence. Nothing hap- responsibility. tions that night, either one of them pened to those who did not tell the cap- It is important to note that at least could have sunk the Indianapolis, tain about the Underhill. Nothing hap- 350 ships were sunk by enemy action whether it had been zigzagging or not. pened to those who did not even report during World War II. No other captain They thought Hashimoto would have the loss of the ship. Nothing. was court-martialed. Only McVay. Tell helped them. He said he could have Recently, my distinguished colleague me, after listening to this testimony, sunk the ship; it didn’t matter whether and chairman, Senator WARNER, re- how hard and convincing was the evi- it was zigzagging or not. Unbelievably ceived a personal letter from dence that he deserved to be court- this testimony was brushed aside by Hashimoto, the captain of the Japanese martialed? The answer is no hard evi- the court-martial board. submarine. dence that he deserved to be court- In our hearings in the Senate this The PRESIDING OFFICER (Mr. Fitz- martialed. year, high-ranking Navy witnesses in- gerald). The Senator’s 30 minutes have Captain McVay was a graduate of the sisted Captain McVay was not charged expired. Naval Academy in 1920. He was a career with the loss of his ship; he was not Mr. SMITH of New Hampshire. Mr. naval officer who had a decorated com- even considered responsible for the loss President, I ask unanimous consent for bat record, which included participa- of the ship or the loss of life. They in- an additional 5 minutes. tion in the landings in North Africa sisted he was guilty only of hazarding The PRESIDING OFFICER. Is there and an award of the Silver Star for his ship by failing to zigzag. objection? courage under fire earned during the S4764 CONGRESSIONAL RECORD — SENATE June 8, 2000 Solomon Islands campaign. He was a Mr. WARNER. I did not know that Mr. WARNER. Ten minutes? fine officer and a good captain, and his order was entered. Mr. WELLSTONE. I say to the Sen- crew members who survived readily at- The PRESIDING OFFICER. The Sen- ator from Virginia, 10 minutes will not test to it. To the man, to their dying ator from Minnesota is recognized. be sufficient. I will try to move forward breath, they have defended this captain Mr. WELLSTONE. Mr. President, I expeditiously. All of us think our after 50 years. What kind of a man say to my colleague from Virginia, if amendments are important. I did not would have that kind of capacity? my colleague wants the floor right come out here intending to speak for What kind of man would have the crew now, I ask unanimous consent that hours, but I need to take about 20 min- 50 years later, after enduring this, and after the Senator from Virginia, I fol- utes to make my case. I do not want to with every reason to be angry with low him. be—— him, with every reason to hate him Mr. WARNER. I am not hearing the Mr. WARNER. If that is the case, it after almost dying in the sea, with Senator. The Senator is recognized, leaves very little time for the man- him? and that is open-ended; is that the agers to recognize others who are wait- The court-martial board found order of the Chair? Unusual. I do not ing. McVay guilty of hazarding his ship by know how it happened, but the Senator Mr. WELLSTONE. We all come and failing to zigzag. His sentence of a loss got it. What is the Senator advising wait, and we all seek recognition. of grade was remitted in 1946, and he me? Mr. WARNER. Fine. Would you settle was restored to active duty by Admiral Mr. WELLSTONE. I am saying to my for 20 minutes? Nimitz who replaced Admiral King as colleague, I am recognized. I intend to Mr. WELLSTONE. I will not because Chief of Naval Operations. But his offer an amendment. I heard my col- I do not know how long it will take. naval career was ruined. You do not league from Virginia seeking recogni- Mr. WARNER. I yield the floor. survive that stigma. He served out his tion, and if there are a few things he Mr. WELLSTONE. I will try to keep time as an aide in the New Orleans wants to say right now, I will yield for it in that timeframe. Naval District before retiring in 1949 that. Otherwise, I will go forward. Mr. BIDEN. Mr. President, will the with a so-called ‘‘tombstone pro- Mr. WARNER. Will the Senator from Senator yield to me for a comment motion’’ to rear admiral. Minnesota advise the Chair and the without he losing his right to the Sadly—and this is the worst part of Senator from Virginia exactly how floor? the story—Captain McVay took his much time he wants and for what pur- Mr. WELLSTONE. I am pleased to own life in November 1968. Those who pose? The time being consumed now yield to the Senators from Delaware knew him feel strongly that the weight can be charged to the managers. and Utah, without losing my right to of his conviction and the blame which Mr. WELLSTONE. I do not intend to the floor. that conviction implied for the loss of take a long time. I intend to lay out a Mr. BIDEN. I say to the managers of the Indianapolis and the death of the case for an amendment. I cannot give a the bill—if I can get Senator WARNER’s crew was a reason for his suicide. time. I cannot do it in 5 minutes. There attention—as Senator WARNER knows, Captain McVay is gone. It is too late is no time limit, but I do not intend to the manager of the bill, the chairman for him to know what we propose to do, be long. of the committee, and Senator LEVIN but the undeserved stain upon his Mr. WARNER. I understand that. Of knows, I had planned to offer the Vio- name remains. Time is running out for course, we have an order at 1 o’clock to lence Against Women Act as an amend- the 130 people out of 300-some who sur- go straight to an amendment. ment. In the meantime, the fellow with vived, united and steadfast for half a Mr. WELLSTONE. I intend to be fin- whom I have worked most on this leg- century to clear his name. We owe it to ished before that. islation, and who has played the most them, to him, and to his family to Mr. WARNER. I am trying to finish major part on the Republican side of clear his name. other things from now until 1 o’clock. the aisle on the violence against We have forgotten that these men This is most unusual. I do not realize women legislation has been Senator survived 4 terrifying days and 5 fright- how we got to this. I am not sure how HATCH. ening nights in the sea, fighting off we got here, but it is here. He and I have been working to try to sharks, starvation, and no water. Let’s Mr. WELLSTONE. Yes. work out a compromise. We think we not forget them again. Mr. REID. Would the Senator yield have done that on the violence against Again, I thank Senator WARNER. without losing his right to the floor? women II legislation, reauthorization Without Senator WARNER, we would Mr. WELLSTONE. I am pleased to not be able to make this happen. I am yield. of the original legislation. Because of pleased to hear the House Armed Serv- Mr. REID. I want to explain to the his cooperation and his leadership, ac- ices Committee adopted the original Senator from Virginia, Senator SMITH tually, I am prepared to not offer my legislation which I introduced in the asked to be recognized for an addi- amendment. But I do want the RECORD Senate. I look forward to working out tional 5 minutes. Senator WELLSTONE to show why. It is because of Senator some language differences on this mat- was standing here and said: I ask unan- HATCH’s commitment and leadership ter in conference. imous consent that I be recognized for us to move through the Judiciary We now have the opportunity to give after Senator SMITH. That is how it Committee with this and find another the remaining survivors of this terrible happened. opportunity to come to the floor with tragedy what they deserve and have Mr. WARNER. What is done is done. it. fought for so hard and so tenaciously You have it open-ended, I say to the With the permission of the managers, for so long: an acknowledgment by Senator, until 1 o’clock. What can you I will yield—without the Senator from their Government, by their Navy that do to help us? Minnesota losing his right to the they made a mistake. After 55 years, Mr. WELLSTONE. I say to my col- floor—to my friend from Utah to com- we make it right that their captain league from Virginia two things. No. 1, ment on the Violence Against Women was not to be blamed for the loss of the there are two other Senators out here Act. Indianapolis nor the loss of their ship- who want to speak briefly. I would be The PRESIDING OFFICER. The Sen- mates. This is not historical revi- pleased for them to do so—but I do not ator from Utah. sionism. It corrects a longstanding his- want to yield the floor—after which I Mr. HATCH. I join Senator BIDEN torical mistake and rights a terrible will have the floor. this afternoon. We passed the original wrong. I say to the Senator from Virginia, I Violence Against Women Act in 1994. The PRESIDING OFFICER. The Sen- do not think I will take a long time. I He deserves a great deal of credit for ator’s 5 minutes have expired. will help the manager and try to do it that. I would like to move forward with Mr. WARNER addressed the Chair. in—— the passage of the violence against The PRESIDING OFFICER. Under Mr. WARNER. If you can give us a women reauthorization this year. the previous order, the Senator from time, then we can help our colleagues. For almost 10 years, I have stood Minnesota is recognized for 5 minutes. How about 10 minutes? with my colleague from Delaware, Sen- Mr. WELLSTONE. Mr. President, I Mr. WELLSTONE. I say to the Sen- ator BIDEN, on this particular issue. He was not recognized for 5 minutes. ator from Virginia—— and I have worked for almost a year June 8, 2000 CONGRESSIONAL RECORD — SENATE S4765 now to try to resolve any disagree- off welfare. What this amendment calls under welfare reform; B, whether chil- ments regarding specific provisions in for, and I will describe it more care- dren living in poverty have gotten our respective bills on this issue, S. 245 fully in a moment, is for Health and poorer under welfare reform—that and S. 51. Human Services to basically call on deals not with the extent of child pov- What we want to do is combat vio- the States to aggregate the data and to erty but the severity of child poverty— lence against women. I believe we have get the data to us as to where these and C, how changes in the availability a good product. It is the Biden-Hatch mothers and children are now. of cash and noncash benefits to poor Violence Against Women Act of the In other words, we keep hearing families have affected child poverty year 2000. about how the rolls have been cut by 50 under welfare reform. I have committed to Senator BIDEN percent and that, therefore, represents In considering the extent and sever- that we plan to move this legislation in success, but we do not know whether or ity of child poverty, the Secretary the Judiciary Committee. I plan to not the poverty has been cut and we must also use and report on alternative have it on the committee markup for need to know where these mothers are. methods for defining child poverty that next week. Now, any member of the We need to know what kind of jobs more accurately reflect poor families’ committee can put it over for a week. they have and at what kind of wages. access to in-kind benefits as their I hope they will not. Before the Fourth We need to know whether or not the work-related expenses as well as mul- of July recess, I hope we can pass the families still have health care assist- tiple measures of child poverty such as bill out of the Judiciary Committee. ance. There have been some disturbing the extreme child poverty rate. Hopefully, the leadership will allow us reports that have come out within the Finally, if the report does find that some time on the floor to debate it. It last several weeks that in too many the extent or severity of child poverty is a very important piece of legislation. States even though AFDC families— has increased in any way since enact- Millions and millions of women, men, that is, aid to families with dependent ment of the welfare reform legislation, and children in this country will ben- children families—by law should be re- the amendment requires the Secretary efit by the passage of this bill. I am ceiving the Medicaid coverage even to submit with the report a legislative going to do everything in my power to when they are now working and off proposal addressing the factors that help Senator BIDEN in getting it welfare, they are not getting that cov- have led to the increase. passed. erage. Let me be clear as to what this Mr. BIDEN. I ask unanimous consent We need to know why there has been amendment is about, why I introduce to proceed for 30 more seconds. such a dramatic decline in food stamp it to this bill, and why I hope for a The PRESIDING OFFICER. Without participation, which is the most impor- strong vote. objection, it is so ordered. tant nutritional safety net program for First of all, what is it about? It is Mr. BIDEN. I thank the Senator from children in the country. There has been about poor children. Why have I fo- Minnesota, Mr. WELLSTONE, and the somewhere around a 20-percent cut in cused on poor children? Because I managers for yesterday accommo- participation, and there has been no- think that should be part of our agen- dating my interest in this. I thank where near that kind of reduction in da. What is my concern? There has Senator HATCH for his leadership and poverty. We need to understand what is been a tremendous amount of gloating look forward to us having the bill on happening. and a lot of boasting about how suc- the floor in its own right in the near Most importantly, I would argue, al- cessful this welfare bill has been. I term. though one can never minimize the im- have traveled in the country and spent I yield the floor and thank the Sen- portance of whether or not these moth- quite a bit of time with low-income ator. ers are able to obtain even living-wage families and with men and women who The PRESIDING OFFICER. The Sen- jobs, it is the whole child care situa- don’t get paid much money but try to ator from Minnesota. tion. I recommend to colleagues a work with these families. That is not AMENDMENT NO. 3264 study that has recently been concluded the report I get at the grassroots level. (Purpose: To require the Secretary of Health by Yale and Berkeley which is dev- What reports have come out—I won’t and Human Services to report to Congress astating to me as a Senator. Basically, even go through all of the reports on the extent and severity of child pov- it is a study of what has happened to today—should give all of us pause. Ba- erty) welfare children during this period of sically, what we are hearing is that Mr. WELLSTONE. Mr. President, reform. there has perhaps been some reduction first of all, I wish to talk about what There have been 1 million more chil- in the overall poverty rate but an in- this amendment is about. Then I want dren who have now been pushed into crease in the poverty of the poorest to also make a couple of other com- child care. But the problem is that the families; that is to say, families with ments. I will try to stay within a rea- child care is woefully inadequate and half the poverty level income. sonable time limit. the vast majority of these children are What I also found out from looking There have not been very many vehi- watching TV all day, without any real at some of the data, much less some of cles out here on the floor —if I say that supervision, without any real edu- the travel, is that there are some real back in Minnesota, people look for cars cation, and therefore, not surprisingly, concerns; namely, in all too many or trucks, but what I am saying is that colleagues, they are even further be- cases when these mothers now leave we have not had a lot of opportunity to hind by kindergarten age. and go from welfare to work, which is bring amendments out here that we What this amendment would do what this was supposed to be about, the think are important as they affect the would be to require the Secretary of jobs are barely above minimum wage. lives of people we represent. Health and Human Services to report When they move from welfare to work, This amendment has been passed by to the Congress on the extent and se- all too often they are cut off medical the Senate, but every time it gets verity of child poverty. In particular, assistance. Families USA says there passed by the Senate, it gets taken out what we are interested in is what is are 670,000 fewer people receiving Med- in conference committee. This will be happening with the TANF legislation. icaid coverage and health care cov- the third or fourth time. I think on the Let me sort of summarize. erage because of the welfare bill. last vote there were over 80 Senators The amendment would require the When they move from welfare to who voted for it. Secretary of Health and Human Serv- work, they go from welfare poor to The amendment calls for a policy ices to submit to Congress by June 1, working poor, but they are not being evaluation, in which I think all of us 2001, or prior to any reauthorization of told that they still have their right to should be interested. We should care the Personal Responsibility and Work participate in the Food Stamp Pro- enough to want to know about the wel- Opportunity Reconciliation Act—we gram for themselves and their children fare bill because this is going to be ought to have this evaluation before we and, therefore, are not participating in coming up for reauthorization. In every reauthorize—a report on the extent of that program. When they go from wel- single State in the country we are child poverty in this country. fare to work, since they were single going to reach a drop-dead date certain The report must include, A, whether parents at home, the child care situa- where people are basically going to be the rate of child poverty has increased tion is deplorable. It is dangerous. S4766 CONGRESSIONAL RECORD — SENATE June 8, 2000 When people keep talking about how evaluation. There is a lot at stake. (C) how changes in the availability of cash great this bill is, and we haven’t even What is at stake is literally the health and non-cash benefits to poor families have done the policy evaluation, and it is and well-being of poor women and poor affected child poverty in the United States; coming up for reauthorization, I argue children. We ought to at least have this (2) identify alternative methods for defin- ing child poverty that are based on consider- that it is a security issue for poor fami- data. We ought to at least make this ation of factors other than family income lies in the United States of America. policy evaluation. We ought to do it be- and resources, including consideration of a Again, what this legislation calls for fore we reauthorize this bill. That is family’s work-related expenses; and is a study of child poverty, both to why I introduce this amendment, and (3) contain multiple measures of child pov- look at the extent of it and the sever- that is why in a moment I will send erty in the United States that may include ity of child poverty, to make sure we this amendment to the floor. the child poverty gap and the extreme pov- get the data, to make sure we have the Before I do, I also want to signal to erty rate. policy evaluation before reauthoriza- colleagues that there is a report—I (b) LEGISLATIVE PROPOSAL.—If the Sec- tion. There should be support for this retary determines that during the period think we will have a debate; I don’t since the enactment of the Personal Respon- because we should be interested in pol- know whether it will be today or sibility and Work Opportunity Reconcili- icy evaluation. whether it will be tomorrow or when ation Act of 1996 (Public Law 104–193; 110 Again, pretty soon we are basically —on missile defense. Stat. 2105) the extent or severity of child going to have almost everyone pushed Mr. WARNER. Will the Senator yield poverty in the United States has increased off welfare. Before that happens, before for a minute? We want to try to accom- to any extent, the Secretary shall include a mother with a severely disabled child modate him. It may well be we can ac- with the report to Congress required under is pushed off welfare or before a mother subsection (a) a legislative proposal address- cept the amendment. He has not shown ing the factors that led to such increase. who has been severely beaten and bat- me a copy of it. tered is pushed off welfare or before a Mr. WELLSTONE. I am getting ready Mr. WELLSTONE. Mr. President, in mother who has struggled with sub- to send the amendment to the desk. many ways I would have liked to have stance abuse is pushed off welfare, and Mr. WARNER. We only have 21 min- taken an hour to talk about this be- they may not be able to take these utes left. There is another Senator I cause I happen to believe that what is jobs—they may not find the kind of would like to accommodate on a mat- happening right now with poor women employment with which they can sup- ter unrelated to the bill. Is there any and poor children is a terribly impor- port their families—we had better harm in looking at it? tant issue. I have summarized this know. Mr. WELLSTONE. Mr. President, I amendment. I think about 89 Senators I have quoted Gunnar Myrdal, the fa- just received the amendment. I will be voted for this amendment last time. I mous Swedish sociologist who once pleased to send the amendment to the hope I will get a strong vote this time. By way of concluding, while I have said that ignorance is never random; desk. I will say, my colleague has a the floor, I will mention to colleagues, sometimes we don’t know what we copy. want to know. Mr. WARNER. I have a copy? since I know we will have a thoughtful This is the fourth time I have Mr. WELLSTONE. The Senator does. and careful debate on missile defense, brought this amendment to the floor. I will also say to my colleague, I am there is an excellent study that has The first time, it was defeated by one actually trying to finish up in the next come out that I commend to every Sen- vote, although it was a different formu- 4 or 5 minutes. It is just sort of a bad ator, done by the Union of Concerned lation. The second time, it was accept- habit I have. When I keep getting Scientists at the MIT Security Studies ed on a voice vote. That was my mis- pressed in the opposite direction, I tend Program. The title of it is ‘‘Counter- measures, a Technical Evaluation of take. Then it was quickly taken out of to speak longer. I am not trying to the Operational Effectiveness of the conference. The third time, it passed take up time, I am just trying to argue Planned U.S. National Missile Defense by a huge vote on a bill that then went my case, I say to the Senator. nowhere. This is the fourth time. The Mr. President, I send the amendment System.’’ These distinguished scientists argue reason I keep coming back is, I am de- to the desk. that any testing program must ensure termined that we do this policy evalua- The PRESIDING OFFICER. The that the baseline threat has realisti- tion. clerk will report. Let me give one other example of The legislative clerk read as follows: cally declined by having the Penta- gon’s work in that area reviewed by an why I will send this amendment to the The Senator from Minnesota [Mr. independent panel of qualified experts; desk in a moment. WELLSTONE] proposes an amendment num- In focusing on this welfare bill, I bered 3264. provide for objective assessment of the know there was a conference com- Mr. WELLSTONE. Mr. President, I design and results of the testing pro- mittee I attended. This was all about ask unanimous consent that reading of gram by an independent standing re- an amendment which, again, the Sen- the amendment be dispensed with. view; conduct tests against the most ate passed, but it was taken out in con- The PRESIDING OFFICER. Without effective countermeasures. It is an ex- ference committee, where I was argu- objection, it is so ordered. cellent analysis of the whole problem ing that right now it is wrong not to The amendment is as follows: of countermeasures—that an emerging enable a mother to at least have 2 At the appropriate place add the following: missile state could reasonably expect years of college; that she and the State SEC. ll. REPORT TO CONGRESS REGARDING EX- to build and to conduct enough tests in which she lives should not be penal- TENT AND SEVERITY OF CHILD POV- against countermeasures to determine ized on work participation, and that if ERTY. the effectiveness of the system with the State of Minnesota or California or (a) IN GENERAL.—Not later than June 1, high confidence. Michigan or Virginia decided it makes 2001 and prior to any reauthorization of the We will have an amendment that I temporary assistance to needy families pro- sense to let these mothers have 2 years plan on doing with Senator DURBIN and gram under part A of title IV of the Social of higher education, that they and Security Act (42 U.S.C. 601 et seq.) for any other Senators, where we will have a their children will be better off; they fiscal year after fiscal year 2002, the Sec- very thoughtful debate about the whole should not be penalized. retary of Health and Human Services (in this question of the importance of having I went to the conference committee; section referred to as the ‘‘Secretary’’) shall the testing. I just wanted to speak it was dropped in conference com- report to Congress on the extent and sever- about this briefly. mittee. A number of different members ity of child poverty in the United States. I yield the floor. of the conference committee were say- Such report shall, at a minimum— Mr. WARNER. Mr. President, it is my ing: Wait a minute, this welfare bill is (1) determine for the period since the en- understanding that the Senator from hallmark legislation. It is one of the actment of the Personal Responsibility and Minnesota will accept a voice vote. He greatest pieces of legislation passed in Work Opportunity Reconciliation Act of 1996 wanted to address the Senate on that (Public Law 104–193; 110 Stat. 2105)— the last half a century. President Clin- (A) whether the rate of child poverty in the point. We will proceed to adopt the ton tends to make the same kind of United States has increased; amendment. claim. (B) whether the children who live in pov- Mr. LEVIN. Mr. President, perhaps We can agree; we can disagree. The erty in the United States have gotten poorer; Senator WELLSTONE will yield to me point is, there ought to be a policy and for 1 minute after he is recognized. June 8, 2000 CONGRESSIONAL RECORD — SENATE S4767 Mr. WELLSTONE. I will yield to the (c) ESTABLISHMENT.— its duties under this subsection, hold hear- Senator from Michigan. (1) IN GENERAL.—There is established the ings, sit and act at times and places in the Mr. LEVIN. Does Senator WELLSTONE National Bipartisan Commission on Cuba (in United States, take testimony, and receive have the floor? this section referred to as the ‘‘Commis- evidence as the Commission considers advis- Mr. WARNER. I have the floor. sion’’). able to carry out the provisions of this sec- Mr. WELLSTONE. Mr. President, I (2) MEMBERSHIP.—The Commission shall be tion. composed of 12 members, who shall be ap- (e) REPORT OF THE COMMISSION.— thank the Senator from Virginia and pointed as follows: (1) IN GENERAL.—Not later than 180 days the Senator from Michigan for their (A) Three individuals to be appointed by after the date of enactment of this Act, the support. We have had a resounding vote the President pro tempore of the Senate, of Commission shall submit a report to the for this amendment before. I want to whom two shall be appointed upon the rec- President, the Secretary of State, and Con- just keep this before the Senate. Some- ommendation of the Majority Leader of the gress setting forth its recommendations for how I want to get this policy evalua- Senate and of whom one shall be appointed United States policy options based on its evaluations under subsection (d). tion done. So I think a voice vote, upon the recommendation of the Minority Leader of the Senate. (2) CLASSIFIED FORM OF REPORT.—The re- which means this passes with the full (B) Three individuals to be appointed by port required by paragraph (1) shall be sub- support of the Senate, will suffice. the Speaker of the House of Representatives, mitted in unclassified form, together with a I thank my colleagues for their cour- of whom two shall be appointed upon the rec- classified annex, if necessary. tesy and graciousness. I thank the Sen- ommendation of the Majority Leader of the (3) INDIVIDUAL OR DISSENTING VIEWS.—Each ator from Virginia for allowing an un- House of Representatives and of whom one member of the Commission may include the limited amount of time. shall be appointed upon the recommendation individual or dissenting views of the member Mr. LEVIN. Mr. President, I com- of the Minority Leader of the House of Rep- in the report required by paragraph (1). (f) ADMINISTRATION.— mend our good friend from Minnesota resentatives. (C) Six individuals to be appointed by the (1) COOPERATION BY OTHER FEDERAL AGEN- not just for his good nature but also for President. CIES.—The heads of Executive agencies shall, his continuing to bring to the atten- (3) SELECTION OF MEMBERS.—Members of to the extent permitted by law, provide the tion of the Senate and the Nation the the Commission shall be selected from Commission such information as it may re- problem addressed in his amendment, among distinguished Americans in the pri- quire for purposes of carrying out its func- and his determination that he get a re- vate sector who are experienced in the field tions. view of the impact of the actions that of international relations, especially Cuban (2) COMPENSATION.—Members of the Com- affairs and United States-Cuban relations, mission shall be allowed travel expenses, in- we have taken on poor people in this cluding per diem in lieu of subsistence at country. He has been in the leadership and shall include representatives from a cross-section of United States interests, in- rates authorized for employees of agencies of this effort continually. He raises cluding human rights, religion, public under subchapter I of chapter 57 of title 5, this issue with his extraordinarily pow- health, military, business, and the Cuban- United States Code, while away from their erful and eloquent voice. I commend American community. homes or regular places of business in the him for that. We will be accepting the (4) DESIGNATION OF CHAIR.—The President performance of services of the Commission. amendment. shall designate a Chair from among the (3) ADMINISTRATIVE SUPPORT.—The Sec- Mr. WARNER. I think we are ready members of the Commission. retary of State shall, to the extent permitted (5) MEETINGS.—The Commission shall meet by law, provide the Commission with such to agree to the amendment. administrative services, funds, facilities, The PRESIDING OFFICER. The at the call of the Chair. (6) QUORUM.—A majority of the members of staff, and other support services as may be question is on agreeing to the amend- the Commission shall constitute a quorum. necessary for the performance of its func- ment. (7) VACANCIES.—Any vacancy of the Com- tions. The amendment (No. 3264) was agreed mission shall not affect its powers, but shall (g) APPLICABILITY OF OTHER LAWS.—The to. be filled in the manner in which the original Federal Advisory Committee Act shall not Mr. LEVIN. Mr. President, I move to appointment was made. apply to the Commission to the extent that reconsider the vote. (d) DUTIES AND POWERS OF THE COMMIS- the provisions of this section are incon- Mr. WARNER. I move to lay that mo- SION.— sistent with that Act. (h) TERMINATION DATE.—The Commission tion on the table. (1) IN GENERAL.—The Commission shall be responsible for an examination and docu- shall terminate 60 days after submission of The motion to lay on the table was the report required by subsection (e). agreed to. mentation of the specific achievements of United States policy with respect to Cuba Mr. WARNER. Mr. President, Sen- AMENDMENT NO. 3267 and an evaluation of— ator DODD is recognized as one who has (Purpose: To establish a National Bipartisan (A) what national security risk Cuba poses devoted much of his career to Central Commission on Cuba to evaluate United to the United States and an assessment of America. I have traveled with him in States policy with respect to Cuba) any role the Cuban government may play in years past to those regions of the Mr. WARNER. Mr. President, I send support of acts of international terrorism world, particularly in troubled times. I an amendment to the desk and ask for and the trafficking of illegal drugs; respect his judgment and I am pleased its immediate consideration. (B) the indemnification of losses incurred that he has joined on the Warner-Dodd The PRESIDING OFFICER. The by United States certified claimants with amendment. It relates to Cuba. clerk will report. confiscated property in Cuba; and Senator DODD and I, in the 105th Con- The legislative clerk read as follows: (C) the domestic and international impacts of the 39-year-old United States economic, gress, put in legislation to allow the The Senator from Virginia [Mr. WARNER], trade and travel embargo against Cuba on— sale of food and medicine to Cuba. Un- for himself and Mr. DODD, proposes an (i) the relations of the United States with amendment numbered 3267. fortunately, it was not accepted. We re- allies of the United States; newed that effort. That was in the Mr. WARNER. Mr. President, I ask (ii) the political strength of Fidel Castro; 105th, and we renewed it in the 106th. unanimous consent that reading of the (iii) the condition of human rights, reli- Unfortunately, it was not able to be ac- gious freedom, and freedom of the press in amendment be dispensed with. cepted by the Senate. The PRESIDING OFFICER. Without Cuba; (iv) the health and welfare of the Cuban This Nation has experienced the objection, it is so ordered. Elian Gonzalez case, a most unusual The amendment is as follows: people; On page 462, between lines 2 and 3, insert (v) the Cuban economy; and chapter in history. I am not here to de- the following: (vi) the United States economy, business, scribe it because much of that case is SEC. ll. ESTABLISHMENT OF NATIONAL BIPAR- and jobs. clearly in the minds of Americans. But TISAN COMMISSION ON CUBA. (2) CONSULTATION RESPONSIBILITIES.—In if there is some value out of that case, (a) SHORT TITLE.—This section may be carrying out its duties under paragraph (1), it has awakened America to the seri- cited as the ‘‘National Bipartisan Commis- the Commission shall consult with govern- ousness of this problem between the re- sion on Cuba Act of 2000’’. mental leaders of countries substantially im- lationship of our Nation and Cuba. (b) PURPOSES.—The purposes of this section pacted by the current state of United States- We have had various policies in effect are to— Cuban relations, particularly countries im- for some 30-plus years and, in my judg- (1) address the serious long-term problems pacted by the United States trade embargo in the relations between the United States against Cuba, and with the leaders of non- ment, those policies have not moved and Cuba; and governmental organizations operating in Fidel Castro. But Fidel Castro is a (2) help build the necessary national con- those countries. leader who does not have my respect, sensus on a comprehensive United States (3) POWERS OF THE COMMISSION.—The Com- and I think many in this Chamber policy with respect to Cuba. mission may, for the purpose of carrying out would share my view, if not all. S4768 CONGRESSIONAL RECORD — SENATE June 8, 2000 There are certain ways we can bring a review of the achievements or lack in the Central American hemisphere to bear the influence of the money of thereof of the embargo. The amend- with whom we deal in every respect. America to try to help a change of the ment does not presume the outcome in We have a measure that hopefully government, and to try to help the peo- any way of the commission’s effort. It will come through very shortly regard- ple to change their leadership. is not intended nor should it be inter- ing a very significant amount of money While we may have put in these se- preted for a substitute for any other to help Colombia in fighting the drug ries of sanctions over the years with legislative action that Congress might wars. the best of intentions, the simple fact take. We are constantly working with the is, there today Fidel Castro reigns, It is constructive. It is bipartisan. It Central American countries, except bringing down in a harsh manner on is modest. I think it is, frankly, long there sits Cuba in isolation. the brow of the people of Cuba depriva- overdue. I hope we can adopt this We, therefore, believe that a national tions for many basic human rights, amendment. bipartisan commission on Cuba should deprivation from even the basic fun- Mr. WARNER. Mr. President, I thank be created to conduct a thoughtful, ra- damentals of democratic principles of my colleague. Would he be kind enough tional, objective—let me underline ob- jective—analysis of our current U.S. government. to be a cosponsor of the amendment? One only needs to go to that country Mr. LEVIN. I would be happy to be a policy toward Cuba and its overall af- fect in this hemisphere—not only on to see the low quality of life that the cosponsor. I ask unanimous consent I Cuba but how that policy is interpreted people of Cuba have to face every day be added as a cosponsor. and considered by the other Central they get up, whether it is food, whether The PRESIDING OFFICER. Without objection, it is so ordered. American countries. it is medicine, whether it is job oppor- This analysis would in turn help Mr. WARNER. Mr. President, Sen- tunity, or whether there is any cer- shape and strengthen our future rela- ator DODD and I wrote President Clin- tainty with regard to their future. It is tionships with Cuba. Members of the ton in 1998—we had 22 Senators join us very disgusting and depressing. commission would be selected from a Referring back to the Gonzalez case in that letter—recommending that he bipartisan list of distinguished Ameri- again, the only point I wish to make is establish the very commission that is cans from the private sector who are that it has opened the eyes of many in outlined in this legislation, but for rea- experienced in the field of inter- this country to the need for the poli- sons which are best known to him, he national relations. These individuals cies of the United States of America in decided not to do it. should include representatives from a relationship to Cuba to be reexamined. Senator DODD and I recommend this cross-section of U.S. interests, includ- It is my hope and expectation that action because there has not been a ing public health, military, religion, the next President will take certain comprehensive review of U.S.-Cuba pol- human rights, business, and the Cuban initiatives that will bring our Nation icy or a measurement of its effective- American community. somehow into a relationship where we ness or ineffectiveness in achieving the The commission’s tasks would in- can be of help to the people of Cuba. goals of democracy and human rights clude the delineation of the policies— All I wish is to help the people of that the people of the United States specifically achievements and the eval- Cuba. We have tried with food and med- wanted and which the people of Cuba uation of: icine unsuccessfully, although through deserve. We haven’t had such a review No. 1, security risks, if any, Cuba various pieces of legislation there is in in 40 years, since President Eisenhower poses to the United States, and an as- some ways food and medicine going to first canceled the sugar quota July 6, sessment of any role the Cuban Gov- those people. 1960, and we imposed the first total em- ernment may play in the international I remember a doctor. Former Senator bargo on Cuba on February 7, 1962. terrorism, or illegal drugs; Malcolm Wallop brought an American Most recently, Congress passed the No. 2, the indemnification of losses doctor to my office with considerable Cuban Democracy Act of 1992 and the incurred by U.S.-certified claimants expertise in medicine. He said to me Helms–Burton Act of 1996. with confiscated property in Cuba; that the medical equipment available Since the passage of both of these No. 3, the domestic and international to his colleagues in the performance of bills, there have been significant impact of the nearly 39-year-old U.S.- medicine in Cuba was of a vintage of 30 changes in the world’s situation that Cuba economic trade and travel embar- years old—lacking spare parts, almost warrant, in our judgment, a review of go; U.S. international relations with nothing in the state-of-art medical our U.S.-Cuba policy, including the ter- our foreign allies; the political equipment. mination of billions of dollars of an- strength of Cuba’s leader; the condition What a tragedy to be inflicted upon nual Soviet economic assistance to of human rights; religious freedom; human beings right here so close to Cuba and the historic visit of Pope freedom of the press in Cuba; the America in Central America. John Paul II to Cuba in 1998. health and welfare of the Cuban people; the Cuban economy and U.S. economy In this amendment, Senator DODD In addition, in recent years numerous and I simply address the need for a delegations from the United States and business, and how our relations commission to be put in place which have visited Cuba, including current with Cuba can be affected if we would hopefully take an objective view and former Members of Congress, rep- changed that. More and more Americans from all of what we have done as a nation in the resentatives from the American Asso- sectors of our Nation are becoming past with relation to Cuba and what we ciation of World Health, and former concerned about the far-reaching ef- might do in the future. That commis- U.S. military leaders. fects of our present U.S.-Cuba policy on sion would then report back to the These authoritative groups have ana- U.S. interests and the Cuban people. next President of the United States lyzed the conditions and the capabili- Establishment of this national bipar- and the Congress of the United States ties on the island and have presented tisan commission will demonstrate in the hopes that we can make some their findings in areas of health, econ- leadership and responsibility on behalf fundamental changes in our policy re- omy, religious view, freedom, human of this Nation towards Cuba and the lationship with Cuba which would rights, and military capacity. Also, in other nations of that hemisphere. I help—I repeat help—raise the deplor- May of 1998, the Pentagon completed a urge my colleagues to join Senator able quality of life for the people of study on the security risk of Cuba to DODD and myself. Cuba. the United States. However, the find- I ask the amendment be laid aside. I anticipate the appearance momen- ings and reports of these delegations, The PRESIDING OFFICER. Without tarily of my colleague from Con- including the study by the Pentagon objection, it is so ordered. necticut. We weren’t able to judge the and the call by Pope John Paul II for Mr. WARNER. Will the Presiding Of- exact time when he would arrive. the opening of Cuba by the world, have ficer state the exact parliamentary sit- Mr. LEVIN. Mr. President, I com- not been broadly reviewed by all U.S. uation. mend Senators WARNER and DODD for policymakers. AMENDMENT NO. 3214 their work on a bipartisan basis to es- We believe it is in the best interests The PRESIDING OFFICER. There tablish a bipartisan commission on of the United States, our allies, the are 2 hours equally divided on amend- Cuba. It is important that we conduct Cuban people, and indeed the nations ment No. 3214. June 8, 2000 CONGRESSIONAL RECORD — SENATE S4769 Mr. WARNER. Do I understand that 1 office in a political organization, or the elec- and their spending. Some estimate that hour of that is under the control of the tion of Presidential or Vice-Presidential over $100 million in political adver- Senator from Virginia. electors. tising will come from 527 groups this The PRESIDING OFFICER. That is These groups self-identify as groups year. correct. whose primary purpose is to accept Here are some of the examples that Mr. WARNER. Mr. President, I do not contributions or make expenditures to we know of so far. The executive direc- see Senator MCCAIN here. I think per- influence an election. These are by def- tor of the Sierra Club admitted that a haps he should lead off. Does Senator inition election-related groups. They handful of wealthy anonymous donors FEINGOLD wish to lead off? Senator refuse to register with the FEC, and have given about $4.5 million to the FEINGOLD is a principal cosponsor, as I they therefore can take any amount of group’s 527 organization. Shape the De- understand. money from anyone—from a wealthy bate, the group whose website adver- Mr. FEINGOLD. Correct. patriotic American, or a multi-na- tisement I cited earlier, has said it ex- Mr. WARNER. I ask unanimous con- tional corporation, or a foreign dic- pects to raise $2 to $3 million for phone sent following the remarks of Senator tator, or a mobster. issue ads. It has already run ads FEINGOLD the distinguished President Indeed the groups seem to revel in against Vice President GORE. We know pro tempore of the Senate be recog- the fact that their activities are com- that Republican for Clear Air, with nized. pletely secret. This chart we will be money from the Wyly brothers who are The PRESIDING OFFICER. Without presenting in a moment shows a public big contributors to Governor Bush ran objection, it is so ordered. statement by a 527 organization called over $2 million in ads attacking Sen- The Senator from Wisconsin. ‘‘Shape the Debate.’’ This organization, ator MCCAIN in the New York primary Mr. FEINGOLD. Mr. President, I according to news reports, is connected election earlier this year. And a report thank the chairman of the committee. with our former colleague and the in Roll Call a few weeks ago indicates Mr. President, I begin our side of the former Governor of California, Pete that a groupcalled Council for Respon- debate. Wilson. On its webpage, Shape the De- sible Government has formed a 527 and I rise in favor of the McCain-Fein- bate advertises for contributions. Con- will raise over $2 million and target 25 gold-Lieberman amendment. I hope we tributions, it says, can be given in un- races this fall. will have an overwhelming vote later limited amounts, they can be from any Mr. President, I ask unanimous con- this afternoon in favor of full disclo- source, and they are not political con- sent that newspaper articles about 527 sure of the contributions and expendi- tributions and are not a matter of pub- organizations be included in the tures of 527 organizations. As we dis- lic record. They are not reported to the RECORD following my statement. The PRESIDING OFFICER. Without cussed yesterday on the floor, these or- FEC, to any State agency, or to the objection, it is so ordered. ganizations are the new stealth player IRS. (See Exhibit 1.) in our electoral system. They claim a Mr. President, the amendment we Mr. FEINGOLD. Mr. President, I do tax exemption under section 527 of the will vote on this afternoon won’t want to emphasize that there is no con- Internal Revenue Code, a provision change the fact that the contributions stitutional problem with this bill. that was intended to cover political can be in any amount. It won’t change First, there is no constitutional right committees such as party organiza- the fact that the contributions can to a tax exemption, the Supreme Court tions or PACs. At the same time, they come from any source, even foreign has made that abundantly clear. This refuse to register with the Federal contributions, even the proceeds of amendment simply requires disclosure Election Commission and report their criminal activity. I regret that all it as a condition of receiving a tax ex- activities like other political commit- will do is address this third claim— emption. If a group doesn’t want to tees because they claim they are not that the contributions are not a matter make these disclosures, it can simply engaged so-called express advocacy. of public record. If a group is going to pay taxes on its income like any other In other words, these groups admit accept money from a foreign govern- business in the United States. Second, they exist for the purpose of influ- ment, the American people should we don’t have a problem of vagueness encing elections for purposes of the tax know that. That’s all we’re saying or line drawing here that might impli- laws, but deny they are political com- here. cate first amendment rights. The dis- mittees for purposes of the election This is something the Congress has closure requirements are not triggered laws. That, my colleagues, is the very to do. Now. It is clear that the FEC is by any particular action or commu- definition of evading the law. If it is not going to act on this issue this year. nication that a group might make. It is legal, it is, as some have called it, the It held a meeting on May 25 to discuss triggered by its decision to claim a tax ‘‘mother of all loopholes.’’ a proposal by Commissioner Karl exemption under section 527. Thus, as I I make one point crystal clear be- Sandstrom to get a handle on all the said before, these groups self-identify. cause our debates on campaign finance secret money that is now flowing into They make the decision whether they reform often get bogged down in argu- elections. The FEC voted to have the are 527 and if they do, they have to dis- ments over whether someone is en- staff prepare a recommendation, but close. gaged in electioneering or simply dis- made it very clear that it is not going There is a simple principle at stake cussing issues. These groups cannot to act in time to have any impact on here. It is a question of disclosure claim that their purpose is simply to the upcoming elections. In fact one versus secrecy. I say to all my col- raise issues or promote their views on commissioner even said ‘‘I want to leagues who have argued here on the issues to the public. Why is that? They speak in favor of secrecy.’’ floor that we do not need reform, we do can’t make that claim because to qual- As Commissioner Scott Thomas said not need a soft money ban, that all we ify for the section 527 tax exemption, recently when the FEC deadlocked on need is disclosure: Now is the time to they have to meet the definition of a whether it should pursue enforcement put your money where your mouth is. political organization in the tax code. actions against the Clinton and Dole If you vote against this amendment—if And that definition is as follows: presidential campaigns for their issue you vote against this amendment for The term ‘‘political organization’’ means a ads in 1996: ‘‘You can put a tag on the disclosure, you will never again be able party, committee, association, fund, or other toe of the Federal Election Commis- to argue with any credibility that you organization . . . organized and operated pri- sion.’’ The Commission is moribund, it support full disclosure. The time has marily for the purpose of directly or indi- is powerless even to address the most come to put an end to secret money rectly accepting contributions or making ex- serious loophole ever to arise. This is funding secret organizations. As I said penditures, or both, for an exempt function. why Congress must act. yesterday, the combination of money, And the term exempt function We don’t know just how big this politics, and secrecy is a dangerous in- means: problem will be. And we won’t ever vitation to scandal. What these organi- The function of influencing or attempting really know because these groups don’t zations have done so far in this elec- to influence the selection, nomination, elec- even disclose their existence. Only en- tion cycle, in my view, already is a tion, or appointment of any individual to terprising news reporters have been scandal. Let’s agree to this amendment any Federal, State, or local public office or able to get information on these groups and put a stop to it. S4770 CONGRESSIONAL RECORD — SENATE June 8, 2000

EXHIBIT 1 Citizens for Better Medicare, a group cre- tion 527 groups to greater public scrutiny by [From the New York Times, Mar. 29, 2000] ated last summer under Section 527 by major publishing their tax returns, among other drug makers and allied organizations, ex- things. But Congress is not likely to act THE 2000 CAMPAIGN: THE MONEY FACTOR; A pects to spend as much as $30 million this quickly on any proposal to rein in such POLITICAL VOICE, WITHOUT STRINGS year to oppose legislation that the industry groups, Mr. DOGGETT said. (By John M. Broder and Raymond Bonner) thinks will impose government price con- Representatives TOM DELAY of Texas and WASHINGTON, Mar. 28.—The tiny remnant trols on medicines, the group’s officers say. J.C. WATTS of Oklahoma, both Republicans, of the American peace movement had a little The group’s plans include a national cam- have established Section 527 funds to burnish money and was looking for a voice in the po- paign of political advertising this fall, said their party’s image and promote conserv- litical process. The pharmaceutical industry Timothy C. Ryan, its executive director. ative ideas on taxation, the military and had a lot of money and was looking for a Peace Action, the antiwar group once education. Former Representative Pat Saiki bullhorn. known as SANE/Freeze, created a 527 oper- of Hawaii has created Citizens for the Repub- Both found it in an obscure corner of the ation called the Peace Voter Fund late last lican Congress as another safe haven for Internal Revenue Code known as Section 527, year to try to influence the debate this year anonymous big donors. a provision that opens the way for groups to in eight Congressional races, including the Scott Reed, who managed Bob Dole’s presi- raise and spend unlimited sums on political Senate races in New Jersey and Michigan dential campaign in 1996, has established a activities without any disclosure, as long as and contests for House seats in Michigan, 527 group to attract Hispanic voters to the they do not expressly advocate voting for a California, Illinois, and the 3rd, 7th and 12th Republican Party. New Gingrich is affiliated candidate. Section 527 has become the loop- Congressional Districts in New Jersey. with a 527 organization advocating Social Se- hole of choice this year for groups large and The fund’s $250,000 in seed money came curity reform and tax cuts. small, left and right, to spread their mes- from a handful of wealthy benefactors who Recently, attention has focused on the sages without revealing the sources of their insisted on remaining in the shadows, said Section 527 operations of conservatives. But income or the objects of their spending. Van Gosse, organizing director of Peace Ac- the Sierra Club was one of the first nonprofit The provision was written into the tax tion. organizations to set up a 527 subsidiary, in code more than 25 years ago as a way of pro- Mr. Gosse speaks rhapsodically of Section 1996, and the League of Conservation Voters, tecting more income of political parties from 527. It offers freedom from the requirements which is generally partial to Democrats, fol- of Federal Election Commission reporting, taxation. But only recently, after court rul- lowed a year later. ings and Internal Revenue Service opinions he noted, and relief from the Internal Rev- ‘‘We agree it’s a loophole,’’ said Carl Pope, broadened its scope, has it been exploited by enue Service rules on political activity by executive director of the Sierra Club. He said nonprofit political organizations trying to charitable organizations. a handful of wealthy, anonymous donors had Mr. Gosse said he would not reveal the avoid the donor disclosure rules and con- given about $4.5 million to the Sierra Club’s names of his major donors. ‘‘That’s the tribution limits of federal election laws. 527 committee to use during this year’s elec- Republicans for Clean Air, the group that whole point,’’ he said. ‘‘Unlike a PAC,’’ he added, referring to po- tions. broadcast advertisements critical of Senator litical action committees, which are regu- Mr. Pope said that his organization would John McCain in several states before the lated by the election commission because support legislation to eliminate the loop- Super Tuesday primaries, was established they work directly on behalf of candidates, hole, but that until then the Sierra Club in- under Section 527 by Sam Wyly, a Texas ‘‘there’s no cap on how much you can spend tended to keep using its 527 political fund. businessman and big contributor to Gov. Karl Gallant, an adviser to Mr. DELAY, or accept. There’s no I.R.S. gift tax or re- George W. Bush. said conservatives began to get into the porting. It’s a thing of beauty from an orga- Business Leaders for Sensible Priorities, game in a big way after a San Francisco law nizing perspective. It gives one a lot of free- which is led by Ben Cohen, a founder of Ben firm that represents liberal nonprofit organi- dom and fluidity.’’ & Jerry’s Homemade ice cream, has set up a As long as a Section 527 group does not ex- zations announced last April that it had been 527 committee to agitate in 10 Congressional pressly advocate the election or defeat of in- successful in setting up a 527 political orga- races for less spending on weapons and more dividual candidates—by using the words nization for one of its clients. Mr. Gallant spending on schools, Duane Peterson, vice ‘‘vote for’’ or ‘‘vote against’’—there is no re- set up Mr. DELAY’s 527 group, the Republican president of the group, said last week. He de- quirement to report to the Federal Election Issues Majority Committee. clined to say which races the group planned The organization has begun hiring workers Commission. These groups are free to engage to focus on. and has been spending to mobilize conserv- in ‘‘issue advocacy,’’ which to most voters And on Monday, a Section 527 entity call- ative voters in two dozen competitive Con- has become virtually indistinguishable from ing itself Shape the Debate began running gressional districts, Mr. Gallant said. The pro-candidate electioneering. television commercials in California, New The new Shape the Debate advertisement group expects to spend $25 million this year, York and Washington that call Vice Presi- could pass for an attack ad sponsored by the he said. dent Al Gore a hypocrite and ridicule his po- Bush campaign as it concludes with the line, Section 527 was added to the tax code in sitions on campaign finance reform and to- ‘‘Al Gore has a lot to answer for.’’ 1974, primarily to clarify the tax status of bacco. The group, which expects to raise $2 Advocates of campaign finance reform see purely political, nonprofit organizations, in- million to $3 million this year, was formed the 527 loophole as a pernicious and prolifer- cluding the Democratic and Republican na- by allies of Pete Wilson, the former Repub- ating vehicle for getting and spending tens of tional parties and PAC’s. Under the provi- lican governor of California. millions of undisclosed dollars. sion, they do not pay taxes on contributions Two of Shape the Debate’s officers are ‘‘The new Section 527 organizations are a from donors, only on investment income. $1,000 contributors to Mr. Bush, but the campaign vehicle now ready for mass pro- But the parties and PAC’s are required to re- group’s founder, George Gorton, said the or- duction,’’ Frances R. Hill, a professor of law port donations and expenditures to the elec- ganization had no ties to the Bush campaign. at the University of Miami, wrote in a recent tion commission. While these organizations Following an I.R.S. ruling last year that issue of Tax Notes, a publication for taxation are exempt from taxation, contributions are essentially endorsed the practice, conserv- specialists. The 1996 election was marked by not tax deductible. ative lawmakers, liberal interest groups, concerns and scandals over the unregulated The pure Section 527 organizations like rich individuals and large corporations have contributions known as soft money, she those proliferating today operate in a pro- begun to quietly pour tens of millions of dol- noted. ‘‘The 2000 federal election may be tected niche of the tax code governing polit- lars into the political cauldron. The organi- equally important in campaign finance his- ical groups, but because they do advocate on zations say they plan to use the money for tory for the flowering of the new Section 527 behalf of an individual candidate or can- advertising, polling, telephone banks and di- organizations,’’ she said. didates, they fall short of election-commis- rect mail appeals—all the major functions of Mr. Gore called for disclosure of the offi- sion disclosure laws. That is what distin- a candidate committee or a political party, cers and finances of Section 527 organiza- guishes them from a political party or a but without requirements for public disclo- tions as part of his campaign finance pro- PAC. Donations are not tax deductible, but sure or accountability. posal released this week. He called such the groups’ contributions and expenditures Because there is no law requiring these groups, ‘‘the equivalent of Swiss bank ac- do not have to be disclosed to the I.R.S. or groups to report their existence, neither the counts for campaigns.’’ the F.E.C. Federal Election Commission nor the Inter- Representative Lloyd Doggett, a Texas By 1996, a convergence of factors caused nal Revenue Service can say how many are Democrat, is preparing legislation to regu- many nonprofit organizations to embrace in place. But lawyers who set them up and late Section 527 groups, requiring, at a min- this kind of vehicle to cover their political campaign finance specialists say that scores imum, disclosure of contributors and expend- activities, said Greg Colvin, a San Francisco of 527’s exist and more are being created itures. lawyer who set up some of the first 527 orga- every week. ‘‘The problem is, our political system is nizations, for liberal groups. Their full impact will probably not be seen being polluted with substantial amounts of ‘‘Donors were looking for a way to put until the fall, when the airwaves will most secret contributions and secret expenditures large, anonymous money into organizations likely be filled with advertisements from used to attack candidates,’’ Mr. DOGGETT that would have a political effect,’’ he said. previously unknown organizations, mir- said. He added that many groups were eager to roring the 11th-hour attack on Mr. McCain Congress’ bipartisan Joint Taxation Com- flex their political muscle beyond what was by Republicans for Clean Air. mittee has recommended steps to open Sec- permissible under their tax-exempt status June 8, 2000 CONGRESSIONAL RECORD — SENATE S4771 without opening themselves up to a require- literature emphasizes that contributions are [From the Arizona Republic, May 11, 2000] ment to report their activities to the elec- not a matter of public record, and Mr. Gor- CONTRIBUTOR ‘‘LOOPHOLE’’ SKIRTS CAMPAIGN tion commission. And last year the Internal ton said that was an appealing point for do- LAWS Revenue Service issued an opinion in the nors, most of them Republicans and many of (By Jon Kamman) case of a group Mr. Colvin represented, en- them Californians who supported Mr. Wil- In the frenzy of fund-raising leading to dorsing the use of Section 527 by a wide son’s past campaigns for governor and sen- next fall’s elections, an old form of political range of political organizations. ator. So far the group has raised about $1.5 organization has found new life as the per- Another factor in prompting the interest million, in chunks of multiple thousands of fect vehicle for concealing who is giving and in Section 527 was a ruling last year by the dollars; Mr. Gorton hopes to raise another $2 I.R.S. denying tax-exempt status to the how much. million to $3 million for advertising cam- Variously labeled ‘‘the mother of all loop- Christian Coalition because of its political paigns this year. activities. holes’’ and ‘‘black hole groups,’’ the so-called Lawyers who specialize in campaign and ‘‘In the atmosphere that’s been created by section 527 committees are ‘‘the brashest, tax law have been approaching groups of all the Clinton-Gore administration, where the boldest’’ method seen to date for circum- ideological stripes for several months, sell- secret F.B.I. files of Republican appointees venting campaign-finance laws, Common ing them on the benefits of Section 527. turned up in White House hands, you have to Cause President Scott Harshbarger said. Grover Norquist, the executive director of wonder about retribution,’’ he said. ‘‘The Arizona Sen. John McCain, who made cam- Americans for Tax Reform, a conservative heart of the First Amendment is that you paign-finance reform the centerpiece of his antitax group, said that a lawyer had re- can criticize your government without fear bid for the Republican presidential nomina- cently offered to set up a 527 arm for him for of retribution.’’ tion, has termed the groups the ‘‘latest man- ifestation of corruption in Washington,’’ $500. Mr. Wilson, who was forced out of office by Mr. Norquist said that at first the new The Section 527 committees take their term limits last year, has helped raise name from the section of federal tax code structure did not appear to offer any advan- money for the group. As governor, he tangled tages over his current nonprofit status. But under which they are organized, Section 527 repeatedly with public employee unions that dates from the early 1970s, when Congress when the law was explained to him more undertook campaigns opposing his policies, fully, he said, ‘‘Maybe I should have two.’’ wanted to make clear that political parties, and former Wilson aides say they see the lat- political-action committees and the like est effort as a way of evening the score a bit. [From the New York Times, Apr. 2, 2000] needn’t pay taxes on contributions they re- ‘‘Television is what really does shape the ceived. A NEW PLAYER ENTERS THE CAMPAIGN debate,’’ said Mr. Wilson, who since last fall Recent court and Internal Revenue Service SPENDING FRAY has been working for Pacific Capital, an in- interpretations of the law have given non- (By Todd S. Purdum) vestment banking concern in Beverly Hills. profit organizations free rein to engage in LOS ANGELES, Apr. 1.—George Gorton is ‘‘The candidates certainly have that obliga- political advocacy while maintaining the hardly a political novice. tion, and sometimes they fulfill it and some- privacy they otherwise are denied under For 30 years, since he was a college student times they don’t. But the fact is, there are election law. supporting James L. Buckley’s campaign for very definite limits on what they can reason- Activists of every hue on the political the United States Senate from New York, he ably expect to raise through their own ef- spectrum, from the Sierra Club to the Re- has worked for candidates from Richard M. forts. Arguably, Bob Dole in 1996 was dead publican Issues Majority Committee set up Nixon to Pete Wilson to Boris N. Yeltsin. before he ever got to the convention in San by Rep. Tom DeLay, R-Texas, have hopped But even he had not thought much about Diego, because of the tremendous pummeling on the 527 bandwagon. Section 527 of the Internal Revenue Code—at he took in the interim in independent ex- Among 527 committees that have revealed least not until last year. penditures directed against him.’’ themselves are one set up by Ben Cohen, co- ‘‘I was walking around complaining to ev- founder of Ben & Jerry’s Ice Cream, to focus erybody that I could find about the amount Mr. Wilson added, ‘‘I think what you’ve got on education issues, and another supported of money that organized labor was spending now is a situation in which most of the by the pharmaceutical industry to protect on issue advocacy,’’ said Mr. Gorton, who cut spending on television on both sides is going against limits on prescription prices. his teeth as national college coordinator for to be financed by independent groups and not The stealth-funding groups have no obliga- Nixon’s Committee for the Re-election of the the candidates themselves.’’ tion to reveal, to the Federal Election Com- President in 1972.’’ And somebody said to me, State and national Democratic officials mission or IRS, membership, contributors or ‘George that’s their First Amendment right.’ swiftly denounced Shape the Debate’s efforts expenditures. Even foreigners, otherwise pro- And I decided labor wasn’t wrong to do it; as ‘‘underground financing’’ waged by hibited from making political donations, they were right to do it, and so I decided pro- ‘‘George W. Bush’s ally,’’ in the words of a may set up a secret 527 committee. business people should do it, too.’’ Democratic National Committee news re- About the only restriction on a 527 group is So Mr. Gorton, who runs a Republican con- lease. In fact, Mr. Wilson’s former aides say, that it stop short of using explicit terms sulting business based in San Diego, started he has never had particularly warm relations such as ‘‘vote for’’ or ‘‘vote against’’ in back- Shape the Debate, a nonprofit political orga- with Mr. Bush and has regarded him warily ing a candidate. nization that, under Section 527, can raise for years as a rival. When Mr. Wilson decided Immunity from disclosure won’t continue and spend unlimited amounts of money, with last year not to pursue his own presidential for long, advocates of campaign-finance re- no disclosure requirements for donors, as campaign, and Mr. Bush telephoned to wish form vow. A bipartisan group of congres- long as it does not expressly advocate the him well, at least one senior Wilson aide sional lawmakers, McCain among them, election or defeat of any candidate. Its inau- urged him not even to return the call. joined with Common Cause last month in de- gural television advertisement, which began nouncing 527 committees and pledging to airing this week in California and New York, Mr. Wilson, who battled a severe recession press for legislation to make them account- accuses Vice President Al Gore of political in his first term before presiding over a able. hypocrisy, in a mock game show in which sharp recovery, nevertheless remains con- The committees are replicating at a pace contestants answer questions on various top- troversial in California, where his strong that’s impossible to track because of their ics, including Mr. Gore’s support for cam- stands against affirmative action and illegal secrecy. But the ones that have chosen to paign finance overhaul despite his appear- immigration provoked a backlash. Mr. Bush identify themselves are set to pour tens of ance at an illegal fund-raiser at a Buddhist has not generally tapped the old network of millions of dollars—possibly more than $100 temple. Wilson advisers in his campaign here, and million—into political advertising this year. ‘‘Shape the Debate strongly believes that Mr. Gorton said he did not believe the two That, combined with more traditional free enterprise and conservative ideas are men had talked in months. forms of ‘‘soft money’’ controlled by polit- more likely to become public policy when ‘‘I think Peewee’s trying to find a way that ical parties, is sure to produce a record vol- candidates and public officials honestly and George Bush will give him a call,’’ said ume of so-called issue ads, said Sean Aday of publicly discuss their positions on them,’’ former State Senator Art Torres, the chair- the Annenberg Public Policy Center at the according to the group’s credo, which can be man of the California Democratic Party, University of Pennsylvania/ found on its Web site, shapethedebate.com. using his party’s derisive nickname for Mr. Spending for such ads ranged from $135 ‘‘Shape the Debate will therefore use sting- million to $150 million in the 1995–96 cam- Wilson. ‘‘The problem is, he’s now created ing ads of rebuke, where appropriate, or paign, and the amount more than doubled for even more of a fire wall, because of the sensi- gentle praise to remind leading candidates the congressional elections two years ago, tivity he’s created with this ad. They have and public officials to honestly discuss our Aday said. no sense of subtlety and they never did.’’ issues, as a means to keep conservative and Many new 527 committees bear vague free enterprise issues uppermost in the But Mr. Wilson said: ‘‘I have gotten into names, such as the Shape the Debate group, minds of the American public.’’ this because I think George W. Bush should affiliated with former California Gov. Pete The group is among the latest entrants in be president. I also think that had he fal- Wilson, that has sponsored ads attacking a growing field of independent campaign ex- tered, John McCain should have been presi- Vice President Al Gore. penditure efforts, spurred on by recent court dent. And I don’t think the vice president McCain himself felt the sting of a 527 com- rulings interpreting the tax law. The group’s should be. It’s as simple as that.’’ mittee when $2 million worth of television S4772 CONGRESSIONAL RECORD — SENATE June 8, 2000 ads paid for by ‘‘Texans for Clean Air’’ were ‘‘I have no knowledge of the firm whatso- Authorization Bill, but to speak to the aired just before the Super Tuesday pri- ever,’’ Glenn wrote in a statement. importance of the Senate passing a de- maries in March. The ads assailed McCain’s Glenn is also president of the American fense authorization bill. I am very con- environmental record and extolled that of Family Association of Michigan, a Midland- cerned that this bill will be so bur- his opponent, Texas Gov. George W. Bush. based conservative organization. He said the Although nothing required them to do so, project is not a separate organization, mere- dened with non-germane amendments oil-rich brothers Sam and Charles Wyly re- ly a ‘‘marketing phrase.’’ that our House colleagues may chal- vealed themselves as the backers of the ads. Wilson said the council will also target pri- lenge it on constitutional grounds—the mary races in August and September, as well so-called Blue Slip. If the Senate per- [From The Hill, May 17, 2000] as several general election races. sists with these type of non-germane NEW VA-BASED ‘‘527’’ WILL TARGET 25 RACES; Wilson, who is listed on FEC records as amendments there is the strong possi- STARTS IN IDAHO, NJ being the political director for U.S. Term bility that for the first time in my 41 (By John Kruger) Limits, said the council has no ties with any years on the Armed Services Com- other group. The Council for Responsible Government mittee there will not be a National De- joined the ranks of new ‘‘527’’ organizations ‘‘It’s a volunteer organization. We have no connection with any other organizations,’’ fense Authorization Bill. two weeks ago when it incorporated in Vir- Mr. President, if there is no author- ginia and immediately began running radio Wilson said. ‘‘To the extent we’re permitted, and television ads in Idaho against Repub- we share ideas, sure.’’ ization bill we will deny the following lican candidate Butch Otter, accusing him of Wilson said there is no paid staff, just a critical quality of life and readiness being soft on pornography. It also com- group of 40 to 45 volunteers around the coun- programs to our military personnel, menced a direct-mail campaign in New Jer- try. He said the group does not intend to both active and retired, and their fami- sey. hold any fundraising events, but would rely lies: The group, based in Burke, Virginia, in- on one-on-one meetings ‘‘with like-minded No 3.7 percent pay raise; tends to raise $2- to 2.5-million and target 25 people.’’ No Thrift Savings Plan; races around the country this year, accord- Tom Kean Jr., who is running against Weingarten and Ferguson in New Jersey’s No concurrent receipt of military re- ing to William Wilson, the group’s registered tirement pay and disability pay; agent. 7th Congressional District, decried the mail- ‘‘We want to promote free market ideas ing. No comprehensive lifetime health and traditional moral and cultural issues,’’ ‘‘We, as voters, deserve the right to know care benefits; and Wilson said. ‘‘We want true accountability to who is defining the candidates seeking this No military construction and family voters,’’ which Wilson defined as making office as well as any office in this nation,’’ housing projects. sure voters know what a politician’s true Kean said in a press release. ‘‘Unfortunately, Mr. President, it is ironic that two record it. I fear this is only the first of many such ex- days ago, members were commemo- ‘‘They speak to different sides of an issue penditures in this race.’’ rating D-Day and the sacrifices of the with different audiences,’’ he explained. Mr. WARNER. Will my colleague thousands of men who charged across ‘‘That’s developed a lot of cynicism [among yield? voters].’’ the beaches of Normandy. Now only Wilson said the group does not engage in Mr. FEINGOLD. I am happy to yield. two days later, the Senate is jeopard- issue advocacy or endorse candidates. ‘‘We Mr. WARNER. Mr. President, a num- izing the bill that would ensure that a engage in voter education,’’ Wilson said. ber of colleagues are present on the new generation of soldiers, sailors, air- Section 527 of the tax code permits polit- floor seeking recognition. May we al- men and Marines have the same sup- ical committees to raise and spend unlimited ternate? port as those heroes of World War II funds without having to disclose their con- Mr. FEINGOLD. Mr. President, I will and the Korean War whose 50th anni- tributors, provided that those funds are not simply say to the chairman, I will be used to expressly advocate the election or versary we will be celebrating. I urge defeat of a candidate. happy to do that. I ask in this instance my colleagues to carefully consider the Organizations formed under Section 527 that Senator SCHUMER go next because impact of their votes on this strong bi- have come under fire from campaign finance the understanding last night was that partisan defense authorization bill. We groups and members of Congress for elimi- he start the process, and then after must not jeopardize our 40 year record nating the line between issue advocacy and that alternate. of providing for the men and women candidate support. Mr. WARNER. The Senator from Vir- One such group, the Republican Majority who proudly wear the uniforms of the Issues Committee, a group close to House ginia inquires as to the amount of time Nation and make untold sacrifices on a Majority Whip Tom DeLay (R–Texas), was the Senator from New York wants. daily basis to ensure the security of sued last month by the Democratic Congres- Mr. SCHUMER. Mr. President, I in- our great Nation. sional Campaign Committee (DCCC). form the Senator I will take approxi- I yield the floor. Wilson said the group registered in Vir- mately 10 minutes. Will the Senator AMENDMENT NO. 3214 ginia because ‘‘there are some of the finest from Virginia yield? The PRESIDING OFFICER. The Sen- federal judges in the country, ‘‘alluding to Mr. WARNER. Mr. President, I recog- ator from Wisconsin. their strong record on First Amendment nize there is a unanimous consent issues. Wilson said any time a group does Mr. FEINGOLD. Mr. President, I something the ‘‘powers that be’’ don’t like, agreement in effect, but I am trying as yield to the Senator from New York. they are likely to be attacked in court. best I can to work this in a fair and eq- The PRESIDING OFFICER. The Sen- ‘‘I think it’s wise to be afraid of the gov- uitable manner. ator from Wisconsin yields. How much ernment,’’ he said. It is important, in your judgment, time does the Senator from Wisconsin Wilson said the group would not disclose that Senator SCHUMER follow you for a yield? its donors. period of 10 minutes? Mr. FEINGOLD. Ten minutes. ‘‘We have a lot of donors, but we want to keep that to ourselves,’’ Wilson said. ‘‘We Mr. FEINGOLD. It is not, in my view, The PRESIDING OFFICER. The Sen- want them to be able to give without the essential. ator from New York. fear of retaliation.’’ Mr. SCHUMER. If somebody else has Mr. SCHUMER. Mr. President, I The group has also started a direct mail a pressing need and will speak for less thank the Senator from Wisconsin for campaign warning New Jersey voters that than a half hour or so, I will be happy yielding this time and for the leader- Republican candidate Joel Weingarten had to yield. ship on this issue. I also praise my cast votes in favor of tax increases. Mr. WARNER. I did put in a request, friend from Arizona who has, through- Weingarten’s campaign has sued the group out, been courageous on this issue as charging that the council is using soft of which I thought he was aware, that money and coordinating its mailings with the President pro tempore will follow. on many others, as well as the Senator Jamestown Associates, a Princeton, N.J.- Mr. SCHUMER. I am happy to yield from Connecticut, whose proposal it is based media firm hired by Weingarten’s rival and thank the Senator from Wisconsin. and who has stood as a beacon, in Mike Ferguson. Mr. WARNER. We will proceed under terms of reform. Larry Weitzner, president of Jamestown the unanimous consent agreement, If you wanted to design a corrupting Associates, denied any connection with the after the Senator from South Carolina. statute that would blow over our body council, dismissing Weingarten’s claims as The PRESIDING OFFICER. The Sen- politic, you would come up with a stat- coming from a campaign that is ‘‘desperate’’ ute like 527. Although it was inadvert- and ‘‘behind in the pools.’’ ator from South Carolina. Gary Glenn, director of the Accountability Mr. THURMOND. Mr. President, I ently drafted, and was never intended Project, an arm of the council, also denied rise this afternoon not to speak about for this purpose, its effect eats at the any coordination. the specifics of the National Defense very core of our Republic. June 8, 2000 CONGRESSIONAL RECORD — SENATE S4773 Imagine if someone came to you and Just when we think our campaign is the best disinfectant. The bottom said: Let’s make political contribu- system could not possibly get any line is simple: Do we want to disinfect tions tax deductible, unlimited, and se- worse, along comes the discovery of a system which has become worse each cret. Most people, if they were given this new loophole, section 527. Section year, or do we want to, under some that case de novo, would say: What? We 527 is the largest, most disturbing, and kind of contrived argument, keep the could not do that. That would be the most pernicious loophole in a system present system going for someone’s most pernicious violation of the kinds rife with backdoor ways to influence own advantage? of things we stand for in this democ- Government through hidden money. Finally, I stress this amendment is racy that one could imagine. Mark my words, I say to my col- not an attempt to advance the fortunes Yet that is where we stand today. If leagues, if we do not close this loop- of one party or another. It is bipar- this statute is not changed, anyone can hole, or at least expose it to the sun- tisan, and it is far more important give unlimited amounts of money and light of disclosure, the 527 accounts than that. get tax deductions for them. will dominate our elections. The so- The PRESIDING OFFICER. The Sen- Organized crime could contribute to called hard money will become unim- ator’s 10 minutes have expired. a candidate—not to a candidate, but portant. Even the disclosed soft money Mr. SCHUMER. Mr. President, I ask organized crime could contribute to will become unimportant. All kinds of for an additional 30 seconds to finish one of these funds, put ads on the air, people, none of whom we would want to my point. and dramatically influence elections. see contributing to campaigns and in- Mr. FEINGOLD. I yield 30 seconds. Drug dealers, criminals, could set up fluencing elections, will come above Mr. SCHUMER. This is not a liberal funds and affect candidacies. Foreign ground. The effects on our democracy or conservative amendment. All groups governments, people from afar, could will be profound and profoundly dis- have availed themselves of this kind of do this, and there would be no way to turbing. loophole. All groups must be stopped. track them down or find it out. If the The upshot of the crazy system we This is basic information that the peo- American people knew with some de- have, done by accident almost, is that ple of America have a right to know, gree of precision what is happening any group can spend any amount on and we have a duty to see that they get with these accounts, these 527 ac- ads that anyone can see are designed to it. I thank the Chair, and I thank the counts, they would be shocked. Again, sway elections, all without disclosure Senator from Wisconsin. if you were to choose a way of cor- of any kind. Mr. WARNER. Mr. President, I seek rupting this democracy, you would de- The Judiciary Committee spent recognition and charge it to the time sign a system similar to these ac- months examining whether the Chinese under my control. counts. Government improperly funneled The PRESIDING OFFICER. The Sen- Here we are with the Senators from money into the 1996 elections. Many of ator from Virginia. Arizona, Wisconsin, and Connecticut. my colleagues on the other side are Mr. WARNER. Mr. President, I have Their amendment and mine and others saying this was improper. If they had listened to the interesting introduc- simply says: Don’t limit the amount of used one of these accounts, they never tory remarks by our two distinguished money—although I would like to do would have known about it, and it colleagues, and momentarily we may that; don’t take away the tax deduct- would have been perfectly legal. The receive the remarks of another distin- ibility—although I find it absurd that 527 loophole is an open invitation to guished colleague associated with this you should get a tax deduction for this foreign governments, or anyone else, to amendment. but the person who gives $25 above- secretly pump as much money as they I tell my colleagues straightforward, board to the candidate he or she be- want into this election. To me, it they have my vote. I support them, but lieves in gets no tax deduction, but a would be contradictory—no, hypo- I ask them to address the question of large special interest does and influ- critical—for those who correctly in- the matter that is pending before the ences an election just as profoundly. veigh against the abuses of the 1996 Senate: The annual Armed Forces bill. But we are not doing that. All we are election not to support the amendment This is a list that goes back to 1961. saying is disclose. offered by the Senator from Arizona The Senate of the United States I am looking forward to hearing from because if my colleagues want to stop unfailingly has passed an authorization my colleague from Kentucky. I respect foreign government influence and have bill for the men and women of the his view on the first amendment, which contributions open and not secret, we Armed Forces. I say to my dear friend is, frankly, at least in this area, more must close this loophole. and colleague, a former distinguished absolute than mine, but he put his The amendment offered yesterday naval officer, this amendment will tor- money where his mouth is when he op- would end the system of secret expend- pedo this bill and send it to the bottom posed, for instance, the flag burning itures, hidden identities, and sullied of the sea where only Davy Jones could amendment. elections. It would prevent not only resurrect it. But disclosure does not violate free foreign governments but organized To what extent have my colleagues speech in any way. If it did, all the dis- crime, money launderers, and drug who are proposing this thought about closure regulations that we have lords from contributing. breaking 40 years of precedent of the should be abolished. Why is it that, for When this election is over, the sad Senate by sinking the annual author- these accounts which benefit politi- fact of the matter is that we will not ization bill at a time when the threats cians and political parties, there even know if the Chinese Government facing the United States of America should be secrecy, but for any other sought to influence our elections are far more diverse, far more com- kind of account there should not? It is through 527 accounts unless this plicated than ever in contemporary clearly not a first amendment argu- amendment is adopted because there is history; when the men and women of ment. no disclosure at all. All we want to do the Armed Forces of the United States Mr. President, today is the 211th an- is let the people see the groups, who is are absolutely desperate in terms of niversary of the Bill of Rights. It is the paying the tab, and how the contribu- pay and benefits to keep them in the most farsighted document dedicated to tions are being spent. jobs as careerists? freedom and humanity that has been The Supreme Court, on this anniver- We now have one of the lowest reten- created. We should consecrate that sary of the Bill of Rights, has said the tion rates ever. There are no lines of birthday by cleaning up one part of the right to vote is the most important young men and women waiting to vol- campaign finance system that would right we have because in a democracy, unteer to be recruited. This bill goes a offend the Founding Fathers. the right to vote guarantees all other long way. This bill helps with the bene- When we see what these accounts do, rights. That basic freedom is tarnished fits they rightly deserve. For the first imagine a Jefferson or a Hamilton or a when we prevent the American people time in the history of the United Madison looking down and saying: from seeing who is trying to influence States of America, we have provisions These accounts are being defended in their vote and how. caring for the medical assistance of the the name of the Constitution and of One of our great jurists, Justice retirees. First time, Mr. President. It is free speech? Brandeis, wrote famously that sunlight the first time in the history of this S4774 CONGRESSIONAL RECORD — SENATE June 8, 2000 country, and add on the ships and the Mr. MCCAIN. I have the floor, Mr. (6) Repealing certain provisions of law rel- aircraft. President. ative to publicity of income tax rates, with I read the Constitution of the United Mr. ALLARD. Will the Senator from an amendment increasing individual income States. What are the responsibilities of Arizona yield to me for a point of tax rates; (7) Concurrent resolution interpreting the the Congress as delineated by our order? meaning of the Tariff Act of 1922 with re- Founding Fathers? ‘‘To declare Mr. MCCAIN.. I will not yield to the spect to imported broken rice; and War...To raise and support Senator from Colorado until I have fin- (8) The Naval Appropriation bill for 1918 Armies...To provide and maintain a ished my statement. amended to provide for a bond issue of Navy; To make Rules for the Govern- Mr. ALLARD. I just resent the fact $150,000,000. ment and Regulation of the land and that the Senator suggests in some Constitutionality of Amendments or Bills— naval Forces....’’ way—— Question of Passed on by Senate That is what this bill does. That is Mr. MCCAIN. I have the floor. See also ‘‘Constitutionality of Amend- our constitutional fulfillment. The PRESIDING OFFICER. The Sen- ments,’’ pp. 52–54, 683–686. Yet my colleagues who are proposing ator from Arizona has the floor. Under the precedents of the Senate, points this know full well this bill is subject Mr. MCCAIN. The Senator from Ari- of order as to the constitutionality of a bill to what is known as the blue-slip pro- zona has the floor. or amendments proposing to raise revenue will be submitted to the Senate for decision; cedure if it leaves this Chamber with The Senator from Colorado said, on October 18, 1999: the Chair or Presiding Officer has no power this amendment and goes to the House or authority to pass thereon. of Representatives. The House will blue I strongly believe that sunshine is the best A point of order on one occasion was made slip it, and this bill is torpedoed. disinfectant. against a bill that it was revenue raising; it I await reply of the sponsors of the Mr. ALLARD. That is correct. was submitted to the Senate, and subse- amendment to the points I have raised Mr. McCAIN. Concerning campaign quently laid on the table by voice vote. and how it could jeopardize and end the finance reform. So if the Senator from Mr. MCCAIN. There are eight types of fulfillment of the obligation of the Colorado and the Senator from Vir- amendments that have been offered in Senate under the Constitution of the ginia are basing their objections to this the Senate in the past that were re- United States. I yield the floor. amendment on the grounds that it turned by the House after the House The PRESIDING OFFICER. The Sen- would harm the Defense authorization decided that the Senate’s action was an ator from Arizona. bill, then they should have no objec- infringement on the House’s constitu- Mr. MCCAIN. Mr. President, I yield tion—no objection—to the unanimous tional privilege with respect to origi- to no one in my concern for the men consent agreement that this amend- nating revenue legislation. and women in the military in defense ment be placed on the next appropriate In each of the eight noted examples of this Nation. I yield to no one in this vehicle by the Parliamentarian. in the precedents, it is clear that the body. But instead, the Senator from Vir- Senate was seeking to raise revenue of I deeply regret that the distinguished ginia is objecting—I take it the Sen- one sort or another, from increasing chairman of the committee would be ator from Colorado would object— postal rates to raising bonds or taxing part of this red herring which has been clearly revealing that the true inten- fuel. raised so Members on both sides of the tions here have a lot more to do with This amendment in no way raises aisle who oppose disclosure, who have this amendment than with the defense any revenue nor does it change in any publicly stated time after time they of this Nation. way the amount of revenue collected are in favor of full disclosure—I see the So the fact is, on blue slips, all rev- by the Treasury pursuant to the Tax Senator from Colorado on the floor. enue bills must originate in the other Code. It is simply a clarification in Senator WAYNE ALLARD stated, in ref- House. The precedents of the Senate on what information must be disclosed by erence to campaign finance reform: pages 1214 and 1215 know eight types of entities seeking to claim status under I strongly believe that sunshine is the best amendments. I ask unanimous consent section 527 of the Tax Code. disinfectant. that this be printed in the RECORD. I say to my friend from Virginia, the There being no objection, the mate- That is from the CONGRESSIONAL American people will see through this. rial was ordered to be printed in the RECORD, page 145, Monday, October 18, The American people will understand 1999. He will now be on the floor, I be- RECORD, as follows: what is being done here—an effort to lieve, in trying to cover up for that REVENUE contravene what literally every Mem- statement. I tell you what, I say to the See also ‘‘Constitutionality of Amend- ber of this body has said, that we need distinguished chairman. Right now I ments,’’ pp. 52–54, 683–686. full disclosure of people who donate to will ask him to agree to a unanimous Constitution, Article I, Section 7 American political campaigns. And if consent agreement—right now—that if [PROPOSALS TO RAISE REVENUE] that were not the reason—if that were this provision causes the House, the All Bills for raising Revenue shall origi- not the reason—then the Senator from other body, to blue-slip this, on which nate in the House of Representatives; but the Virginia and the Senator from Colo- they have no grounds to do so, the next Senate may propose or concur with Amend- rado would agree to my unanimous ments as on other Bills. appropriate vehicle that the Parlia- consent agreement, which I repeat. Bills Raising Revenue Originate in the House mentarian views is appropriate, this Mr. President, I ask unanimous con- amendment will be made part of. I ask The House on various occasions has re- sent that on the next appropriate vehi- turned to the Senate bills which the Senate cle that is viewed appropriate by the unanimous consent. had passed which the House held violated its Mr. WARNER. I have to object. prerogatives to originate revenue measures. Parliamentarian, this amendment be The PRESIDING OFFICER. Objec- The following types of proposals origi- made in order for an up-or-down vote tion is heard. nating in the Senate were returned by the with no second-degree amendments. Mr. MCCAIN. I thought the Senator House or decided by the Senate to be an in- Mr. WARNER. Mr. President, I ob- from Virginia would object. So I will fringement of the House’s constitutional ject. ask another unanimous consent agree- privilege with respect to originating revenue The PRESIDING OFFICER. Objec- ment, that in case this amendment legislation: tion is heard. (1) Providing for a bond issue; does cause it to be blue-slipped, it be in (2) Increasing postal rates on certain class- Mr. MCCAIN. We have just totally order on the next appropriate vehicle, es of mail matter; disclosed what this is all about. This is as determined by the Parliamentarian, (3) Exempting for a specific period persons not about the defense of the Nation. that a vote be held on this amendment from payment of income taxes on the pro- This is a defense of a corrupt system with no second-degree amendments. I ceeds of sales of certain vessels if reinvested which, in the view of objective observ- ask unanimous consent. in new ship construction; ers, has made a mockery of existing Mr. WARNER. Mr. President, I ob- (4) Providing for a tax on motor-vehicle campaign finance laws, which has fuels in the District of Columbia and other ject. I object, Mr. President, on behalf District of Columbia tax measures; caused Americans to become alienated of the leadership of the Senate. (5) Agricultural appropriation bill in 1905 from the system. The PRESIDING OFFICER. Objec- with a particular amendment on revenue We were worried about Chinese tion is heard. thereto; money in the 1996 elections. Under the June 8, 2000 CONGRESSIONAL RECORD — SENATE S4775 present system of 527, Chinese money, stitutional provision as it relates to out for the 1998 mid-term election was drug money, Mafia money, anybody’s taxation. 36 percent—the lowest for a nonpresi- money can come into American polit- It has been a matter of privilege dential election in 56 years. Congress ical campaigns, and there is no reason since the inception of this Republic. has a responsibility to take steps to re- to disclose it. That privilege is determined by the verse this trend. So now here we are with 100 Members House in the course of resolutions. If The first step should be to require of this Senate all saying we need full this bill goes over, then they adopt a the disclosure of contributors to tax- disclosure, using a constitutional fa- resolution. We know from consultation exempt organizations. The Senate cade which is not correct as a reason to there are Members of the House who must act to close this loophole and we vote against this amendment and vote will absolutely take that resolution to must do it now. I urge my colleagues to it down. the floor, and there is no doubt that support this amendment. I say again, for the third time, if it is this bill will be blue-slipped, and it will The PRESIDING OFFICER. Who a constitutional objection, and that ob- be torpedoed and go to the bottom of yields time? jection is legitimate, then the Senator Davy Jones’ locker. Mr. WARNER. Mr. President, I yield from Virginia and the Senator from I yield the floor. such time as my distinguished col- Colorado have no reason to object to Mrs. FEINSTEIN. Mr. President, I league desires. this amendment being made part of the rise in support of the amendment of- The PRESIDING OFFICER. The Sen- next appropriate vehicle which is fered by the Senator from Arizona to ator from Colorado. deemed appropriate by the Parliamen- require the disclosure of donors to tax- Mr. ALLARD. I thank the Senator tarian. And by so objecting to that exempt groups who engage in political from Virginia. unanimous consent agreement, their activities. These groups use an obscure Mr. President, I came to the floor to defense or their argument that some- provision of the Tax Code—section talk about the importance of the au- how we are harming the Defense au- 527—to shield the identity of contribu- thorization of the Department of De- thorization bill does not have credi- tors and use the funds to make anony- fense. This is an important piece of leg- bility. mous attacks on candidates for public islation. I am not here to impugn the Mr. President, I do not want to yield office. motives of some of the other Members Section 527 organizations represent all the time. I would be glad to engage of the Senate or to try to the latest attempt to bypass campaign in this. But I wondered what would mischaracterize what their reasons finance laws and pour undisclosed happen last night after we proposed might be for coming to the floor. money in the electoral process. There this amendment for full disclosure. I This is a good piece of legislation. is no official public information about wondered. I wondered what the defense Senator MCCAIN from Arizona is cer- the number of such groups, who their against cleaning up at least to some tainly a hero in my mind; he continues officers are, where the money is com- degree, allowing the American people to be that. I know he is trying to do ing from, and how it is being spent. what he thinks is best for this country. to know who are contributing to Amer- Section 527 of the Tax Code was en- I respect that. I think we have before ican political campaigns in unprece- acted to provide candidates, political us a very important piece of legisla- dented amounts of money, would be. parties, and PAC’s with special tax tion. We should not put it at risk. I repeat, one more time, I yield to no treatment. These groups are required This is an authorization bill that in- one in this body as to my advocacy for to register with the Federal Election creases, by some $4.5 billion, defense our Nation’s defense and the men and Commission and disclose contribution spending over what the President pro- women in the military. But if we want and expenditure information. to give these men and women in the In recent years, however, the IRS has posed. It is a 4.4-percent increase in military confidence in their Govern- ruled that organizations which intend real terms over what we spent last ment, we should have fully disclosed to influence the outcome of an election year. If there is anything we have ne- who it is that contributes to the polit- but do not expressly advocate the elec- glected over the last several years in ical campaigns. tion of a candidate qualify as a polit- the budget, it is our defense. I yield the floor. ical organization but are not required We have been obligating our troops Several Senators addressed the to file with the FEC. These groups can overseas. In fact, if we look at the Chair. raise and spend as much money as they record, between 1956 and 1992, our The PRESIDING OFFICER. The Sen- want to influence an election, but the troops were deployed some 51 times. ator from Virginia. public has no information on who or Between 1992 and today, we had the Mr. WARNER. Mr. President, the dis- what they are. same number of deployments. At the tinguished Senator from Arizona and I This is precisely the sort of activity same time we are increasing our reli- go back a very long way. When I was that makes the political process appear ability on our fighting men and Secretary of the Navy, he was incarcer- corrupt and undemocratic. The Amer- women, we are cutting their budget. I ated as a consequence of his heroic ican public is becoming increasingly think that is inexcusable. service in Vietnam. His father was disenchanted and uninterested in elec- It is time Congress recognized what among if not the most valued adviser I toral process because they feel their the problem is that the President of had during the turbulent period of that voices are being drowned out by soft the United States in particular recog- war when I had the responsibility for money donations to political parties. nizes: We are not appreciating the serv- the Department of the Navy. That was In the case of soft money, however, ice of our men and women in the for over 5 years, 1969 through 1974. at least the amount of the contribution Armed Forces. I have the highest personal regard for and the name of the group or person With this legislation, we begin to ap- my friend and my colleague, whom I who is making the donation must be preciate the dedication and hard work have worked with from the day he re- registered with the Federal Election of the men and women who have been turned to the United States of America Commission. These groups spend un- serving us in the Armed Forces. Again, to be welcomed quite properly as a limited amounts of money and none of I thank Chairman WARNER for allowing hero. it has to be disclosed. This insidious hi- me another opportunity to speak in I know for a fact that he has always jacking of the campaign finance sys- strong support of this essential bill for foremost in his mind, every day that he tem must be corrected. our men and women in the Armed draws a breath, every day the great It is a simple fact that the American Forces. Lord of ours gives him the strength to public believes that large contributions This bill is a fitting tribute for those take up his responsibilities, the welfare are made to influence decisions being who served, are serving, and will serve of the men and women of the Armed made in Washington. They are becom- in the armed services in the future. Forces. I find it very awkward to be in ingly increasingly cynical of the proc- The defense bill is simply too impor- a position to be in opposition to my ess and fewer and fewer people are par- tant to be mired in political goals but friend, but the rules are quite clear of ticipating in elections. should show them respect and provide the House that it is a matter of privi- In 1996, voter turnout was 48.8 per- them the best defense authorization lege of the House regarding the con- cent—the lowest level since 1924. Turn- bill we possibly can. S4776 CONGRESSIONAL RECORD — SENATE June 8, 2000 The fiscal year 2001 Defense Author- In the Department of Energy’s environ- Although it might seem incredible, there is ization Act is a bipartisan effort. For mental management account, we de- no national monument to recognize those the second year in a row, we have re- crease the authorization by $132 mil- who served our country in Second World War. The Iwo Jima sculpture near Arlington versed the downward trend in defense lion. However, I will stress that this Cemetery is sometimes thought as holding spending by increasing this year’s bill still increases the environmental that distinction, but it actually commemo- funding by $4.5 billion over the Presi- management account by more than rates the Marine Corps alone. There has long dent’s request for a funding level of $250 million over last year’s appro- been an effort to build something to serve as $309.8 billion. priated amount. a focal point dedicated to the memory of As the Strategic Subcommittee Again, I will mention a few impor- what our entire country and its armed forces chairman, we held four hearings. The tant highlights of the authorization went through—the memory of what was lost first hearing was on our national and bill outside of the Strategic Sub- and of what was won—and this project is fi- nally nearing the construction phase. theater and missile defense programs. committee. There are many significant I had the honor of listening to former U.S. The second hearing was on our na- improvements to the TRICARE pro- Senator Bob Dole recently talk about his life tional security space programs. We had gram for active-duty family members. and service in the 10th Mountain Division a third hearing, the first congressional The bill includes a comprehensive re- during World War II. To the many roles this hearing on the newly-created and tail and national mail order pharmacy undeniably great man has had over the much-needed National Nuclear Secu- program for eligible beneficiaries, no years—Senate Majority Leader, president rity Administration, NNSA, and we had enrollment fees or deductible, resulting and vice president nominee, Congressman, and W.W.II platoon leader—he has added a fourth hearing on the environmental in the first medical entitlement for the fundraiser for the national World War II Me- management programs at the Depart- military Medicare-eligible population. morial. As we remember those who sacrificed ment of Energy. I am very happy with the extensions to make D-Day a success, I think it is en- In response to the needs we have and expansions of the Medicare sub- tirely appropriate to pass along his request heard during the hearings, the Stra- vention program to major medical cen- to me for support from my fellow Coloradans tegic Subcommittee has a net budget ters and the number of sites for the in raising the needed funds to complete this authority increase of $266.7 million Federal Employees Health Benefits most worthy memorial. above the President’s budget. This in- Construction on the memorial is scheduled Demonstration Program. Yesterday, to begin soon on the National Mall in a pow- cludes an increase of $503.3 million to the Senate, by a vote of 96–1, supported erful location between the Washington the Department of Defense account and Warner-Hutchinson, which eliminated Monument and Lincoln Memorial on Vet- a decrease of $263.3 million to the De- the law that forced military retirees erans Day, 2000. But the $100 million goal has partment of Energy accounts. out of the military health care system still not quite been reached, and that money There are two provisions I will high- when they became eligible for Medi- needs to be raised to complete the memorial light which pertain to the future of our care. Now they have all the rights and project. The memorial was conceived to be pri- nuclear forces. The first relates to the benefits of any other retiree. great debate we had on Tuesday and vately supported. This is how many other With regard to the workers at the monuments that line the Washington Mall— Wednesday regarding the amendment Department of Energy, we provide em- the Vietnam and Korean War memorial, and by Senator KERREY and the second de- ployee incentives for retention and sep- the Washington and Lincoln memorials, for gree by Senator WARNER. The original aration of Federal employees at clo- instance—were financed. The government provision requires the Secretary of De- sure project facilities. These incentives has given support in the form of land and fense, in consultation with the Sec- are needed in order to mitigate the an- will contribute operation and maintenance retary of Energy, to conduct an up- ticipated high attrition rate of certain requirements as well, but the remaining dated Nuclear Posture Review. It was funding still needs to be found. Federal employees with critical skills. The preliminary design features a lowered in 1994 that we had the last Nuclear Just today, we accepted a very impor- plaza surrounding a pool. The amphitheater- Posture Review. However, with the tant amendment which established an like entrance will be flanked by two large adoption of the Warner amendment, employee compensation initiative for American flags. Within two granite arches at there is not in place a mechanism by Department of Energy employees who the north and south ends of the plaza, bronze which the President may waive the were injured as a result of their em- American eagles hold laurels memorializing START I force level requirements. ployment at Department of Energy the victory of the W.W.II generation. Fifty- The second provision requires the sites. six stone pillars surrounding the plaza rep- resent the 48 states and 8 territories that Secretary of Defense, in consultation As the Strategic Committee chair- with the Secretary of Energy, to de- comprised the U.S. during W.W.II; collec- man, I believe this bill is the only vehi- tively, they symbolize the unit and strength velop a long-range plan for the cle to provide such an initiative for of the nation. sustainment and modernization of U.S. these workers and their families. I If we look closely, everyone of us knows strategic nuclear forces. We are con- think that is very important. This bill someone who served our country during cerned that neither Department had a is the only vehicle to provide such ini- World War II. Be it a father, uncle, brother, long-term vision about their current tiative for those workers and their sister, neighbor or friend, I encourage you to contribute to this cause in their honor. It is modernization efforts. Both of these families who work at the Department provisions are important pieces of the time the ‘‘great generation’’ had a great me- of Energy sites. morial to honor their sacrifice and service to puzzle for the future of our nuclear On Tuesday, this bill added an addi- our country. weapons posture. tional piece of funding for a memorial Information on the project can be obtained A few budget items I will highlight which should have already been built. through the National World War II Memo- include an increase of $92.4 million for The amendment added $6 million for rial, 2300 Clarendon Blvd., Suite 501 Arling- the airborne laser program that re- the World War II memorial. ton, Virginia 22201 or at wwiimemorial.com quires the Air Force to stay on the I will include for the record a copy of and 1–800–639–4WW2. budgetary path for a 2003 lethal dem- the opinion editorial I wrote con- Mr. ALLARD. Finally, I want to onstration and a 2007 initial oper- cerning the World War II memorial. I mention my strong support for the ational capability; an increase of $30 ask unanimous consent that that be Smith amendment, of which I am a co- million for the space-based laser pro- printed in the RECORD. sponsor. This amendment would pro- gram; a $129 million increase for na- There being no objection, the edi- hibit the granting of security clear- tional missile defense risk reduction; torial was ordered to be printed in the ances for DOD or contractor employees an increase of $60 million for Navy RECORD, as follows: who have been convicted and sentenced for a felony, an unlawful user or addict theaterwide; and an extra $8 million for TIME HAS COME TO HONOR THE ‘‘GREATEST the Arrow system improvement pro- GENERATION’’ WITH A GREAT MEMORIAL to any controlled substance, and any gram; and for the tactical high energy (By Senator Wayne Allard) other criteria. To be brief, our U.S. na- tional security is too important to risk program, an increase of $15 million. June 6 marked the 56th Anniversary of D- For the Department of Energy pro- Day, the greatest battle fought by what has by granting clearances to felons. We grams, we increase by $87 million a become known as the ‘‘greatest genera- are all concerned about personal program within the NNSA, which is an tion’’—the men and women who served our rights, but when it comes to security increase of $331 million over last year. country in World War II. issues, these must override all others. June 8, 2000 CONGRESSIONAL RECORD — SENATE S4777 Mr. President, I thank Chairman days a week. I watched as a handful of tired of the vitality of our democracy under WARNER for the opportunity to point pilots sat down for ‘diner’ at 10:30 p.m. on a assault not from the kinds of foreign out some of the highlights in the bill Sunday night. Hungry and tired, they want- enemies that the Department of De- which the Strategic Subcommittee has ed it no other way. I had the privileged of joining Captain Winnefeld in honoring the fense authorization bill is aimed at oversight of and to congratulate him ‘Sailor of the Day,’ Machinist Mate 1st Class protecting us against, but in some and Senator LEVIN for the bipartisan Michael Gibbons, for spending three conserv- senses, an assault from ourselves. We way in which this bill was developed. I ative days repairing the main condensation have allowed our political system—par- ask all Senators to strongly support S. pump which is critical to the propulsion ticularly the post-Watergate reforms 2549. One of Congress’ main responsibil- plant, taking only a few 30 minutes breaks to that were adopted to put limits on how ities is to provide for the common de- sleep. I witnessed the same degree of com- much people could give to campaigns, fense of the United States. I am proud mitment in a separate part of the ship as to require full disclosure of those con- of what this bill provides for our men Aviation Boatswains May 2nd Class Andre Farrell showed me how the a cables on the tributions—to be evaded, eroded, made and women in uniform. flight deck operate and are maintained a mockery of. The result is that the We must not be blinded by political below. His task for the past two days was to people of this country rightly conclude motives when it comes to our men and create the metal attachment which holds the that money buys access and influence women in the armed services. All of the one of the four arresting tailbook cables to- and affects our Government, and it issues that come before the Senate are gether and his voice was filled with pride as turns millions of them off from the critical, but I hope that when it comes explained the entire 8 hours process. Be- process. to this bill, we will remember why we tween giving orders to his crew, he pointed The vitality of this democracy, which are doing this. This bill is not for us out a few tiny air bulles that formed during is the pulsating virtue and the essence the cooling process of the metal attachment. and our political goals, but for our of America that generations of our sol- young men and women in the armed Although he started his shift at 4:30 a.m. and probably won’t sleep for the next 24 hours, he diers have fought and died for, is under services. smiles and tells me it will be redone, that it attack domestically. I see this bill as a tribute to the dedi- must be perfect—lives of our pilots are at The question is whether we will re- cation and hard work of these young risk if it is not. The amazing thing is, they spond, whether we will defend our de- men and women—the same men and all do it with a smile. mocracy. We have had terrible con- women I had the opportunity to visit a When I think about Armed Forces Day, I troversies here on the floor over this few weeks ago on the U.S.S. Enterprise. think about two events I experienced on the question, focused particularly in recent At this time, I ask unanimous con- Enterprise. First, are the sailors from across Colorado who has down for breakfast with months and years on the work that the sent that a piece I wrote regarding that Senators from Arizona and Wisconsin visit and dedication be printed in the me in the enlisted mess hall, who gleamed with pride for the job they do and the impor- have done—Senators MCCAIN and FEIN- RECORD. tant role they play in our nations defense. GOLD—particularly trying to focus in There being no objection, the mate- Second, was the ‘‘Town Hall meeting’’ I held, on soft money. The controversies have rial was ordered to be printed in the where I responded to questions and concerns not produced yet the 60 votes we need RECORD, as follows: ranging from military health care to social to adopt a change. But even in the case ARMED FORCES DAY 2000—A TRIBUTE TO OUR Security, from members of the crew. These of soft money, though it clearly vio- MEN AND WOMEN IN UNIFORM one on one interactions were extremely valu- lates the intention of the law, which is (By U.S. Senator Wayne Allard) able to me and I learned as much from these to limit contributions, there is disclo- Saturday, May 20th was Armed Forces Day events as the crew did. and I can think of no better time to honor I have never witnessed a more dedicated or sure. So that part of the post-Water- those who serve this great country in the hard working group of people than the draw gate reform is still honored. United States military. The millions of ac- of the U.S.S. Enterprise. It makes me proud Now we have the appearance of these tive duty personnel who have so unselfishly when I realize that the ‘‘Big E’’ crew is rep- 527s, stealth PACs—spending enormous dedicated their lives to protecting freedom resentative of the millions of American mili- amounts of money in advertising, buy- deserve the highest degree of respect and a tary personnel throughout the World. Never- ing time for what has become ‘‘Big mind that many of them could be paid more day of honor. Brother’’ propaganda over TV to influ- I recently had the privilege of being in- money for less work work in a civilian job, vited to tour the U.S.S. Enterprise during a may not get eight hours sleep each night or ence voters, without letting them or training mission off the Florida coast. My see their for weeks at the time—they have those who are the targets of those ad- experience aboard Enterprise reminded me of those sacrifices for the country they love. vertisements or the opponents of those the awesome power and strength of the I hope that Coloradan’s joint me join me in for whom they are being placed know United States military. But more impor- using Armed Forces Day to thank those who who is paying for them, how much are tantly it reminded me of the hard work and are serving in the best military force in the they paying, and where is the money world. sacrifice of the men and women serving in coming from. Is it coming from Amer- our armed forces. Mr. ALLARD. Mr. President, I ask The U.S.S. Enterprise was commissioned on ica? Is it coming from abroad? for a strong vote on this bill in order to So a bipartisan group of us—breaking Sept. 24, 1960 and was the world’s first nu- get the much needed and well-deserved clear-powered aircraft carrier. This incred- through the division on party lines ible ship is the largest carrier in the Naval resources to our military personnel. that has characterized too much of this fleet at 1,123 feet long and 250 feet high. Mr. President, I yield the floor. debate about campaign finance reform The PRESIDING OFFICER. The Sen- While walking along the 4.47 acre flight deck and too much debate here generally— with Captain James A. Winnefeld, Jr., Com- ator from Wisconsin is recognized. Mr. FEINGOLD. Mr. President, I ask earlier this year, proposed two re- manding Officer, it was amazing to learn sponses. The amendment before the that ‘‘The Big E’’ remains the fastest com- unanimous consent that Senator REID batant in the world. of Rhode Island be added as a cosponsor Senate now is the second of those re- Spending two days touring the Enterprise of the amendment. sponses. It simply requires disclosure. showed me what a hard working and knowl- The PRESIDING OFFICER. Without It doesn’t end the mockery of saying edgeable military force we have. As I moved one thing to the Federal Elections through the ship I was greeted with enthu- objection, it is so ordered. Mr. FEINGOLD. Mr. President, I Commission and another to the IRS— siasm, as sailors explained the ship’s equip- yes, I am in the business of influencing ment and their role as part of the Enterprise yield 8 minutes to the Senator from crew. At full staff, the ‘‘Big E’’, as it is affec- Connecticut. elections, so I deserve the tax exemp- tionately known, has over 5,000 crew mem- The PRESIDING OFFICER. The Sen- tion; or, no, I am not, so I don’t have to bers from every state of the union, most of ator from Connecticut is recognized. register under the campaign finance whom are between 18 and 24 years old. These Mr. LIEBERMAN. I thank the Chair laws. All this amendment does is ask young adults are charged with maintaining and my friend from Wisconsin. I ask for disclosure. and operating the largest air craft carrier in unanimous consent that Senator FEIN- Where is the money coming from? the world and guiding multi million dollar STEIN of California be added as a co- Who is giving it? Who is running these airplanes as they land on a floating runway. sponsor of the amendment. organizations? Who is coming in to try I was in awe of these men and women who to influence the sacred right of vot- work harder and have more responsibility The PRESIDING OFFICER. Without than many people do in a lifetime. objection, it is so ordered. ing—the franchise that is at the heart ‘‘The Big E’’ is a ship that never sleeps, it Mr. LIEBERMAN. Mr. President, we of our democracy? I had hoped that operates twenty four hours a day, a seven have watched the steady deterioration this amendment, which is reasonable, S4778 CONGRESSIONAL RECORD — SENATE June 8, 2000 moderate, and only invoking the ideal and let’s rise to the moment. Let’s do involved and the balance of interests of the right to know, would not evoke something correct and courageous involved. controversy on the floor. here. Let’s adopt this amendment and I am so incensed by the proliferation. So I am disappointed at the response agree together, arm in arm, that if the We are using military terms, quite ap- today and disappointed particularly House refuses to take the bill with this propriately, on this campaign finance that it comes from those who appar- amendment on it, we will strip it off amendment. I note the House chose to ently support the essence of the and find the next appropriate vehicle, use appropriately a militaristic term— amendment. I understand this question having spoken for this amendment to ‘‘invasion’’—when talking about their of an objection—the so-called blue-slip attach this principle and to advance privileges. objection being raised in the House be- the health and vitality of our democ- But our democracy is so much under cause, technically—though really in a racy. No less than that is at stake here. threat from the corrosive spread of very minimal way, if at all—this may I yield the floor. money in our system that I think we affect revenue. This is about political The PRESIDING OFFICER (Mr. have a moment of opportunity here to freedom, about electoral reform, about VOINOVICH). The Senator from Virginia. get together to pass this amendment disclosure to the public. It is hardly at Mr. WARNER. Mr. President, I would and make the statement; in other all, if at all, a revenue measure. like to ask a question of my colleague. words, a procedural vote on this. My I understand the fear that if this I will charge the time of the entire col- dear friend and chairman in the House amendment passes, it may be objected loquy to that under my control. on this very matter on another bill a to in the House, and as my distin- As always, the Senator from Con- week or so ago fell short of passage on guished chairman from Virginia, who I necticut is fair and straightforward, a motion to recommit, I believe, by dearly love and respect, said before, it and clearly in his dissertation to the barely 10 votes. could sink this bill, which I enthu- Senate he said, yes, there is a vestige I am not prepared to make a judg- siastically support, to the bottom of that this blue-slip procedure could send ment about how the House will vote on the ocean, such that hardly Davy Jones it to the bottom to Davy Jones’ Lock- this matter. But I think we have a could rescue it. Here is my response to er, which I accept. chance to speak. that, respectfully: I hope not. I say I read from Descher’s House Prece- I pledge to the Senator from Vir- that this amendment is so important dents, which is the ‘‘bible’’ that guides ginia, the distinguished chairman of and gives us such a unique opportunity the House. the Armed Services Committee, under in the recent history of this body to This is fascinating. Listen to the whose leadership this committee on come together across party lines and to title: ‘‘Invasion of House Jurisdiction which I am honored to serve had a very do something in the direction of cam- or Prerogatives.’’ busy and productive year resulting in paign finance reform that it is worth Isn’t that interesting? this bill. I can’t imagine that any putting it on the bill. I say, as one of Invasion of the House prerogative to origi- Member of this Chamber would deny a the proponents of this amendment, nate revenue-raising legislation granted by unanimous consent request. If, in fact, that if, in fact, the fears expressed here article I, section 7, of the Constitution raises the House saw this as an invasion of are realized, which is that in the House a question of privilege of the House. their privilege and stopped the Depart- the bill is blue-slipped, objected to on I have studied all of this very care- ment of Defense authorization bill, we constitutional grounds that it is a rev- fully. Once that question of privilege is would come back here and take this enue-raising measure and should start raised, the Senate is left to their inter- amendment off, and find another vehi- in the House, then we can do what has pretation. cle for it. been done with many bills, including Colleagues are clearly putting for- I appeal to my chairman just finally the DOD authorization bills, in past ward this amendment with the best of on this point. I appreciate very much years—bring it back here under unani- intentions. I said I would support the his statement that he supports the sub- mous consent. Who would object to amendment in any other venue but stance of the amendment. If he pro- bringing it back? Take this amendment this. It does raise it, and the House will ceeds on the course of a constitutional off, send the bill back, and play the not allow it. I can recite dozens of objection based on House prerogatives, role. precedents. A year or two ago, they They may continue referring to the I appeal to him to find a way to join sent a blue slip to us on S. 4, the thrift metaphor of Davy Jones rescuing the with us, since we agree on the merits of savings accounts for sailors, soldiers, bill, but let’s not, on a technical basis, this amendment, to get a guarantee and marines. miss the opportunity to take one sig- that the Senate will be able to speak as I am saying to my dear friend: Why nificant step to defend our democracy soon and as clearly as possible on the should we take the risk, given the few against the insidious forces of unlim- next available bill to at least require legislative days left, and given all the ited, secret cash that are corrupting it disclosure of contributions and sources work? It is interesting. Our committee and distancing millions of our fellow of contributions to these 527 stealth has had 50 committee hearings and 11 citizens from the process itself. PACs. Mr. President, how much time re- markup sessions. That is a year’s work Mr. WARNER. Mr. President, I thank mains on the time yielded to me? by 20-plus members of our committee my colleague. When I regain the floor The PRESIDING OFFICER. The Sen- and by the staff, paid for by the Sen- later I will talk about how long 527 has ator has 1 minute of his 8 minutes. ate, out of taxpayers’ funds. All of that been around. The Senator from Con- Mr. LIEBERMAN. I thank the Chair. is for naught if this bill goes down. It necticut sounds as if it has just come Some may ask why disclosure is so im- would be the first time in 40 years. on the horizon. It has been around. I portant. Well, the Supreme Court has I say to my colleagues: No matter don’t know why we are taking it up spoken about the appearance of corrup- how strongly you feel about the merits today when it has been around for tion. Here, there is the profound sus- of this bill, consider our own constitu- some time. picion of corruption; but without infor- tional responsibility to provide under I yield the floor. mation, we don’t even have the ability the Constitution for the men and The PRESIDING OFFICER. Who to know whether there is corruption, women of the Armed Forces. yields time? let alone to have the appearance of cor- I say to my colleague: I would like to Mr. WARNER. Mr. President, I yield ruption—big money, secret money, per- know what his reasoning is to take this such time as my colleague from New haps not even American money, raised risk. The Senator from Connecticut is Hampshire may require. by elected officials, raised by left-lean- not known as a risk taker. The PRESIDING OFFICER. The Sen- ing, right-leaning ideological groups, Mr. LIEBERMAN. Mr. President, I ator from New Hampshire. raised by political groups, and trade will not respond to the description of Mr. SMITH of New Hampshire. Mr. and economic groups, do nothing but the Senator from Connecticut. But let President, I thank my colleague from undermine our system. The least that me say, if there is a risk, here is a risk Virginia, the chairman of the Armed we can ask is for disclosure. that has a remedy. The reason the Sen- Services Committee. The ‘‘U.S.S. WAR- Mr. President, I appeal to my col- ator from Connecticut is prepared to NER’’ has been under siege on the floor leagues, let’s break the reflex action take the risk is the balance of equities for the last few days, but, as usual, he June 8, 2000 CONGRESSIONAL RECORD — SENATE S4779 holds up well under hostile fire and is not the appropriate place to do it. Is the years ahead but also address the keeps his ship on course. it within the rules of the Senate to do cultural issues in the military that If anyone needs to be reminded, this it? Yes. In that sense, I suppose you dampen our ability to become a true is a debate supposedly about the bill to can say it is appropriate. But is it the space power. fund the operation of our armed serv- right thing to do on a military budget I will mention one other item before ices. It is a good bill for our military. and on the defense budget of the United I yield the floor. I have an amendment It doesn’t do everything we would like, States? I don’t think so. I think it does I have offered that has not yet been but it certainly makes a vast improve- not dignify the debate. I think it re- voted on. I will highlight it for a ment over what we have been doing. flects badly on the Senate. That is my minute. The amendment was modeled I rise to show support for that bill. honest opinion. on the restrictions which have been As a member of the committee, I I know the frustrations. We have had placed on gun ownership. It says if you helped to write it, and also to show debates on campaign finance and the are a felon, you don’t get a security support for my chairman who has en- proponents of campaign finance reform clearance. That is the essence of it. It dured some hostile fire, I think, un- have lost, repeatedly. I understand the is pretty well refined. The language is fairly. frustration. I have been on the losing a little tighter than that so the defini- During the recess last week, the side on many of debates many times. I tion of ‘‘felon’’ is restricted. Members had the opportunity to re- look forward to the day some of the de- It is very interesting that under cur- member those who fought for the free- bates will have a majority to win. rent law you can have access to some dom that we enjoy in this Nation, and Maybe that is the approach we ought of the highest ranking military secrets, remember those who paid the ultimate to take, rather than, with all due re- about some of the biggest weapons in price in giving their lives. That was the spect, dragging this defense bill into America’s arsenal, but you can’t buy a Memorial Day recess. this debate. handgun. What does that say about the I think in deference to those and to I will highlight a couple of other security clearances we are issuing, if those who now serve us, I think we things. As chairman of the Environ- you can’t have access to a pistol or ought to stay focused, as the chairman ment and Public Works Committee, rifle, but you can have access to the has tried to do here, on the issue at this bill has $1.27 billion for environ- most lethal weapons in America’s arse- hand. This is not a debate about cam- ment restoration. I thank the chair- nal? It is happening now. Murderers, paign finance, nor should it be. We owe man for his outstanding leadership in robbers, and pedophiles are getting se- it to the soldiers, sailors, and airmen putting this together, as well as Sen- curity clearances, and they couldn’t who serve today, who will serve in the ator LEVIN. have access to a handgun. I think it is future, and to those who have already The bill also authorizes additional pretty interesting that we are in this served, to get this bill passed, and to do funds for programs important to New situation. so quickly. Hampshire and the Nation. These pro- My amendment, which, hopefully, I think we should be reminded that grams address unfunded military re- will be added to the bill, prohibits secu- this bill authorizes over $300 billion in quirements, continue or enhance cur- rity clearances for persons actually defense spending—a 4.4-percent real in- rent promising Department of Defense sentenced to over a year—in essence, a crease—reversing some 14 years of ne- programs, or support the technology felon. If you plead, bargain down a sen- glect. base needed for future military sys- tence to under a year, you can still You can go down the list: But air- tems. Inclusion of these additional never own a firearm but you could, craft, helicopters, submarines, surface funds is testament to the technical ex- without my amendment, get a security ships, many other weapons systems, pertise and successful competition for clearance. and missile defense, on and on—not to DOD contracts of defense companies I hope we will pass my amendment. I mention addressing some real critical and institutions in my home State of look forward to a vote on that amend- needs in readiness. New Hampshire. ment. If it is accepted, that will be The bill adds about $1.5 billion for In addition to authorizing a $350 mil- fine. If it is not accepted, I look for- key programs in readiness, including lion increase for important missile de- ward to the vote. ammunition, spare parts, maintenance, fense programs that I support, this bill I urge my colleagues to support this operation, and training. This is very provides important funds that the legislation, to refrain from the debate important. President neglected in his budget that that might delay the passage of this I think it is below the dignity of are important for the U.S. to maintain legislation, and send a message to our those who have served and will serve its leadership in military space power. troops that we care about them, we are and who are serving to reduce this de- It authorizes $25 million for the Kinetic ready to help their readiness, we are bate to something other than what the Energy Anti-Satellite (KE–ASAT) pro- ready to help with the new weapon sys- issue is at hand. That is what disturbs gram that will provide a last-resort tems they need, and we are ready to me. ‘‘hard-kill’’ capability for the U.S. to give them the pay raise they deserve. I understand and fully respect the protect our troops from enemy surveil- I yield the floor. right of any colleague to offer an lance. It authorizes an additional $15 The PRESIDING OFFICER. The Sen- amendment that is within the rules, million for the Space Maneuver Vehi- ator from Wisconsin. and I respect it. But I also don’t think cle to leverage the NASA X–37 invest- Mr. FEINGOLD. I ask unanimous it is good judgment to do it. ment in an area that also holds great consent Senators DURBIN, BRYAN, and This bill is going to modernize our promise for military applications. It BOXER be added as cosponsors to the forces. It will allow us to develop the also authorizes an additional $12 mil- amendment. technologies that we need to address lion for micro-satellite technology that The PRESIDING OFFICER. Without the threats that we face in the coming demonstrates key future space-control objection, it is so ordered. century in areas such as missile de- concepts. Mr. FEINGOLD. I yield to the Sen- fense. The bill also pays a fitting tribute to ator from New Jersey. My colleague, Senator ALLARD, who our former President Ronald Reagan Mr. TORRICELLI. Mr. President, I chairs the subcommittee I used to and his vision for our nation’s missile state my regret over the position in chair on strategic forces, has done an defense by renaming the Kwajalian which we find ourselves with Senator outstanding job in addressing that, as missile test range in his honor—a facil- WARNER. There is no one in this insti- have so many of my other colleagues. ity we use to test and refine our mis- tution more committed to the Armed This will allow us to address the qual- sile defense concepts making an NMD Forces. His legislation deserves being ity of life of our service men and deployment possible today. supported. women and their families. There is a Finally, it includes additional tasks I regret this amendment has become 3.7-percent pay raise in this bill. for the Space Commission which is just a complication. However, it is a neces- I am not commenting on the impor- getting started not only to assess the sity. This is an extraordinary moment tance or lack of importance of the organizational and managerial changes in the national political process. Make other issues that we debate here. But it needed to ensure U.S. space power in no mistake, if this Senate fails to deal S4780 CONGRESSIONAL RECORD — SENATE June 8, 2000 with the problem of 527 organizations Nation not to engage in this practice of appointee of President Clinton, agree- and their influence in the American po- 527s, not to coordinate with them, be- ing, in my committee, that we as a Na- litical process, what little remains of cause it is unethical and it is illegal— tion are in the most threatened posi- campaign finance laws in this Nation denounce them. tion we have been in in the history of will collapse before our eyes. If we have learned anything by the America. So we need to turn this thing The Justice Department may be in- soft money example and other excep- around. This is the first year in 14 vestigating foreign contributions and tions that have been taken to the pre- years we are able to start turning the the media may be discussing soft vailing campaign finance laws, it is corner and rebuilding a deteriorated money, but the Members of the Senate when a precedence is established and a system. know that the newest and largest chal- campaign expenditure enters the polit- At the National Training Center-Ft lenge to the integrity of the American ical culture, it expands exponentially. Irwin, units coming to the NTC today political financial system are the 527 This may be our last opportunity be- have not had enough time to train at organizations. It would be difficult for fore the 2000 elections to close this new their home stations to allow them to most Americans to even believe the avenue of expression through large, un- maximize the training opportunities. scale of the problem. It is not a new regulated, undisclosed political con- This means that the units are leaving problem. In 1996, $67 million was intro- tributions. the NTC less proficient than those who duced to the American political sys- Make no mistake, if we fail to do so, went thru the rotations in previous tems through these organizations; 2 we do not simply invite the abuses of years. years ago, it was $250 million. It could the last few elections, we may create a At Ft. Bragg, according to the base easily be hundreds of millions of dol- political system where we return to the commander, O&M funds have never lars in the ensuing months if the Sen- type of campaigns before Watergate, been so tight. Commanders are being ate does not act. where no one knew where the money forced to make choices and trade-offs It is a contradiction with everything was coming from, who was providing it, that their predecessors never faced. In- this Congress on a bipartisan basis has and what was being spent. sufficient Base-Ops funding has forced attempted to do to preserve some in- What little remains of this campaign commanders to rob from training ac- tegrity in the American financial polit- finance system will collapse before our counts. Insufficient RPM funding has ical system in the last 30 years. The do- eyes, not in future years, but in future resulted in the degradation of facilities nors to these organizations are secret. weeks. This Senate has failed to agree in which the military personnel work They are not necessarily American. upon comprehensive campaign finance and live. They use tax deductions. They distort reform. While I regret that failure, I at Maintenance on barracks is so bad the national political debate. Every- least understand it. There are legiti- that every time it rains, one building leaks into the rooms where the troops thing we are now investigating is legal mate constitutional arguments, dif- sleep, and even into the armory where if they are done through these organi- ferences in philosophy and politics. their weapons are stored which dam- zations: foreign governments, illegal There can be no legitimate dif- ferences on outlawing these undis- ages those weapons. organizations, individuals who simply At the Norfolk Naval Base, the Navy closed, unregulated 527 organizations. want to distort the system through the is experiencing an increase in the cross This should be bipartisan and it should exclusive use of their own money. decking of equipment and munitions as Some of these organizations may not be a deep commitment upon which we less modern systems are available to be organizations at all. It could be a act immediately. outfit all the hulls. In addition, sup- I am proud to join with Senator single individual writing $1 million or plies and spare parts are insufficient to a multimillion-dollar check in the dis- LIEBERMAN in his amendment as a support the surging of the Navy to guise of an organization. Compounding sponsor. I urge the Senate to act before meet its 2 MTW requirements. the problem, adding insult to injury, it is too late. The consequences of inac- Insufficient steaming days and flying they are reducing it from their taxes. tion are enormous, and reconstructing hours are amongst the biggest readi- Only a few days ago, in the State of this system, if indeed these organiza- ness concerns within some Navy units. New Jersey, two Republican primaries tions proliferate in the ensuing At the San Diego Naval Base, on av- were influenced by these organizations. months, will be extremely difficult to erage, 20 percent of the deployed planes Candidates were campaigning, raising impossible. I urge the Senate to act. on the carriers are grounded awaiting funds, gaining support, and these orga- I thank the distinguished Senator parts or other maintenance require- nizations with secret donors began from Wisconsin for the time and for his ments. Furthermore, the cannibaliza- their advertising campaigns. Not a sin- support for our amendment. tion of aircraft has gone up by 15% gle voter knew who they were, where The PRESIDING OFFICER. The time over the last three carrier deploy- they came from, what the moneys were of the Senator has expired. ments. about. They only heard the advertise- The Senator from Virginia. There have been notable reductions ments. Mr. WARNER. Mr. President, I yield in the mission capability and the full In some respects, this is not a policy 5 minutes to my distinguished col- mission capability rates of Naval air- question; it is a law enforcement prob- league from Oklahoma. craft over the past 4 years. This is true lem. If these organizations coordinate The PRESIDING OFFICER. The Sen- for the deployed and the non-deployed with candidates and their campaigns, ator from Oklahoma. squadrons. it already violates laws. It is incum- Mr. INHOFE. Mr. President, I regret At the Nellis Air Force Base, reduc- bent upon the Justice Department to we are doing this today. I can only tion in Red Flag exercises from 6 to 4 investigate them and prosecute them if speak for myself and not others, but if means that fewer pilots can participate necessary. you wanted to do away with 527s for ev- each year. The new goal is to move pi- I trust on this day while the Senate erybody and not leave anybody out, I lots thru Nellis once every 18 months debates this issue, the Justice Depart- would do it and do it in a heartbeat. vs. once every year. The high ment will meet its responsibilities. But But not on this bill. Everybody knows OPTEMPO of the forces—deployments if they are not coordinated, they are the consequences of putting something are up fourfold while the force is down legal. That burden falls on us. such as this on this bill. I hope in this by a third—has been the principle rea- I regret the difficulty this causes for very brief period of time —I was hoping son for the reduction in exercises. Senator WARNER on this very impor- to have more time—to at least address Regarding Marine Corps Air Ground tant piece of legislation. His constitu- how significant this thing really is and Combat Center-29 Palms, conditions at tional argument may be sound regard- what we are talking about. 29 Palms and the Marine Corps in gen- ing the reaction of the House of Rep- Mr. President, I have said this since eral: money is low; ammo is short; and resentatives. But the consequences of 1995. Our country is facing the greatest spare parts are scarce. ‘‘The level of not acting are enormous. As chairman threat it has faced in its entire history. training and readiness has diminished, of the Democratic Senatorial Cam- But it is not just me saying this. Now it is not what it was in Desert Storm.’’ paign Committee, I have urged every we have George Tenet, who is the Di- At Camp Lejuene, modernization Democratic senatorial candidate in the rector of Central Intelligence and an delays have a serious readiness impact. June 8, 2000 CONGRESSIONAL RECORD — SENATE S4781 Equipment is more costly to maintain, I say to colleagues, 527 has been on most of whom are hostile to Repub- less capable, and spare parts cannot al- the books since 1975 and here we are licans. ways be obtained. In particular, the dealing with it today: Mr. WARNER. Mr. President, I wish CH–46 is wearing thin. Some replace- Organizations presently exempt from tax to inform all Senators I have sub- ment parts are no longer available. One on exempt function income, which includes mitted an amendment to the desk. I Marine officer estimated that if a Gulf contributions for political purposes. cannot bring it up as a second-degree War size operation erupted today, only The McCain amendment would lift amendment at this point in time, but I about 50 percent of Marine units would this exemption for 527 organizations have submitted the following amend- be qualified to deploy. which do not provide certain informa- ment. I represent, as manager of this I can tell you, the problems are in all tion to the Secretary of the Treasury. bill, at the first opportunity when this these areas. We have retention prob- Thus, a 527 organization which elects bill resumes, I will put this amendment lems because we do not have adequate not to disclose would be taxed. on. I read it: accounts being funded. The various So it is a revenue measure. There is (Purpose: To express the sense of the Senate military installations are taking no doubt about it. It would be taxed on that all tax-exempt organizations engaging money out of one account and putting previously exempt income, thus raising in campaign activities, including organiza- it in another account. So at Fort revenue. I do not know what more tions organized under section 527 of the In- Bragg, for example, they have not been clear example can be made, how this ternal Revenue Code of 1986, should make able to maintain their barracks. When thing will be blue-slipped by the House. meaningful public disclosure of their ac- tivities) it rains, the troops have to lie down on The Senate is invading. At the appropriate place, insert the fol- the equipment to keep it from rusting. I yield to the Senator from Ken- We have a crisis in terms of cross-deck- lowing: tucky. SEC. ll. SENSE OF THE SENATE REGARDING ing at Norfolk as well as on the west Mr. MCCONNELL. Mr. President, I DISCLOSURES BY TAX-EXEMPT OR- coast. say to my friend from Virginia, he is GANIZATIONS. So we have very serious problems, entirely correct. This is the wrong (a) FINDINGS.—The Senate finds that— and these problems can only be met place for this amendment. But for (1) disclosure of political campaign activi- with this bill. I will just quote one those Senators who are not persuaded ties is among the most important political reforms; thing out of the DOD Quarterly Readi- that the fact that this is the wrong ness Report: (2) disclosure of political campaign activi- place for this amendment is enough to ties enables citizens to make informed deci- Readiness deficiencies are most readily vote against it, I think it is important sions about the political process; and visible in the later deploying and non-de- to understand that this is a rather lim- (3) certain tax-exempt organizations, in- ploying forces, some forward deployed and cluding organizations organized under sec- first-fight-forces are also experiencing these ited disclosure amendment. Among the tion 527 of the Internal Revenue Code of 1986, difficulties. groups that are not covered in the 527 are not presently required to make meaning- What they are saying is, for several amendment the Senator from Virginia and others have been discussing are ful public disclosures. years we are able to take all our assets (b) SENSE OF THE SENATE.—It is the sense and concentrate them in areas that are groups such as the Sierra Club and the of the Senate that all tax-exempt organiza- behind the lines in favor of the forward AFL–CIO. tions engaging in political campaign activi- deployed. Now even the forward de- Mr. WARNER. Mr. President, let’s ties, including organizations organized under ployed are having a problem. clarify this. The Senator is talking section 527 of the Internal Revenue Code of I can remember in our committee, about the McCain amendment now? 1986, should be held to the same standard and Mr. MCCONNELL. I am, indeed. I am required to make meaningful public disclo- the committee I chair, the Readiness sure of their activities. Subcommittee, we had the four chiefs talking about the McCain amendment. The Senator from Virginia was making That will be before the Senate hope- in there. I asked them the question: If fully before the day is out. you were going to have to take a reduc- the point that even if it were otherwise a desirable thing to do, this is the Mr. MCCAIN. Will the Senator yield tion someplace to increase your mod- for a question? ernization or some other accounts, wrong place to do it and runs the risk of having this bill blue-slipped in the Mr. WARNER. Yes. would it be in force strength, mod- Mr. MCCAIN. I ask what force of law House. ernization, quality of life, and so forth? that sense-of-the-Senate amendment On the substance of the McCain Up until a couple years ago, the Ma- will have and what the prospects are issue, virtually everybody in the Sen- rines would always say ‘‘quality of life, that these organizations that are cur- ate is in favor of enhanced disclosure, because the Marines don’t need quality rently engaged in these activities will greater disclosure. That is hardly a of life.’’ Now we are not even hearing be motivated by a sense-of-the-Senate controversial subject. But to single out that from them. We are facing a crisis amendment? at a time when this country is in the 527s only, I would say to my col- Also, will the Senator from Virginia most vulnerable position in which it leagues—to single out 527s only leaves be willing to add to that sense-of-the- has ever been. out such groups as the Sierra Club and Senate amendment that on the next I think we should really be looking the AFL–CIO, which do not operate appropriate vehicle, as deemed appro- at the overall picture and the fact we under section 527. priate by the Parliamentarian, the have something very serious going on I have long believed we ought to have McCain-Feingold-Lieberman amend- right now. We need to address it with broad, comprehensive disclosure. I ment be made in order for a vote with this bill. This defense authorization would be in favor of addressing this no second-degree amendments? bill turns the corner for the first time issue this year. But we ought to do it I ask that question because we clear- in 14 years. It is being held hostage in a comprehensive way, I say to my ly know that, without the force of law, right now on a matter that has nothing friend from Virginia, not leave out there is no way these people are going to do with defending America. some of the major players on the to comply with a sense-of-the-Senate Mr. President, I think we need to get American political scene, many of amendment. on with the bill and away from extra- whom are on the airwaves right now, I hope the Senator, to give it any neous, nongermane amendments. beating up Republican candidates for meaning whatsoever, will at least have The PRESIDING OFFICER. Who the Senate. that same sense-of-the-Senate amend- yields time? From the more comprehensive ap- ment state unequivocally that we in- Mr. WARNER. Mr. President, we nor- proach, it is my understanding the tend to enact this sense-of-the-Senate mally rotate and I was prepared so to Senator from Virginia may well have amendment into law, because that is do. Does the Senator wish to speak? If an alternative to offer that would give the only way we can force these people not, I will ask my colleague from Ken- all of us an opportunity to go on record to comply. I am sure the Senator from tucky some technical questions on my in favor of a more evenhanded, com- Virginia understands and appreciates time. I yield myself such time as I prehensive, across-the-board disclosure that. need. provision that would not eliminate My question is, Will the Senator be There are several technical issues re- some of the principal players on the willing to modify his sense-of-the-Sen- lating to this amendment. American political scene—ironically, ate amendment to make it in order S4782 CONGRESSIONAL RECORD — SENATE June 8, 2000 that on the next appropriate vehicle, as People are creating these 527 organi- The amendment before us would re- deemed by the Parliamentarian, there zations because, and only because, they quire section 527 organizations to file a will be an up-or-down vote on the influence or attempt to influence an tax return, something they are not re- McCain-Feingold-Lieberman amend- election. That is why they are exempt quired to do now, and disclose the basic ment without any intervening amend- but then ignore the FEC’s require- information about their organization ments or second-degree amendments? ments that people who organize for the as well as their contributors over $200. Mr. WARNER. Mr. President, as my purpose of influencing an election have In late January of this year, the staff colleague knows full well, it will not to disclose. of the Joint Committee on Taxation re- have the force of law, but it is an ex- We cannot in good conscience stand leased a study of the Disclosure Provi- pression by this body. I have consulted by and permit this process, this cha- sions Relating to Tax-Exempt Organi- with the majority leader. He will ad- rade, which is doing so much damage zations. In that study, the bipartisan dress the issue. It is within his preroga- to the public, to continue. staff addressed section 527 organiza- tive to determine at what time matters On this so-called blue-slip question, tions, and the JCT staff recommended of this import are brought up. I yield first, the Senate should not agree to a adoption of an amendment to section the floor. House interpretation that something 527 similar to the language we now Mr. MCCAIN. Mr. President, I yield like this is a revenue raiser when it is have before us. The JCT staff specifi- myself 30 seconds. The majority leader not a revenue raiser. We should not cally recommended: is well known for his advocacy for cam- simply accede to that, No. 1. That is a 1. That 527 organizations be required paign finance reform. I doubt seriously broad interpretation which the House to ‘‘disclose information relating to if anyone believes that the Senator uses to have a larger prerogative than their activities to the public . . .’’ from Virginia, by propounding a sense- the Constitution provides. 2. And that 527 organizations ‘‘be re- of-the-Senate amendment that is not Secondly, we do not know that there quired to file an annual return even if binding legally in any way and will dis- is going to be a blue slip. We do not the organizations do not have taxable appear in the mist of time as a myriad know that. The House, I believe, has to income and that the annual return of other sense-of-the Senate amend- adopt a position. This is not something should be expanded to include more in- ments have—I think it is time the Sen- which is done informally. formation regarding the activities of ator from Virginia got candid with this Thirdly, if the House does blue-slip the organization. body. The Senator from Virginia this matter, there is plenty of prece- The JCT report said, ‘‘This rec- should either come on board and stop dent for the matter then coming back ommendation is consistent with the this egregious violation of everything to the Senate and the Senate removing recommendation that all tax returns in which we believe or state his opposi- the language in question. relating to tax-exempt organizations tion to it. Please do not think any- This is being used as an excuse not to should be disclosable.’’ one—anyone—will believe that a sense- adopt a critically essential amendment As the 2000 campaign evolves that we of-the-Senate amendment will have if we are going to even begin to restore get closer to November, the American any impact on the present practices public confidence in the elections in public is going to be seeing the con- which most observers in America be- this country. sequences—the real life consequences lieve are corrupt. This last suggestion by our good of this loophole in our campaign fi- The PRESIDING OFFICER. The Sen- friend, the chairman, that there could nance laws. Candidates from both par- ator from Wisconsin. be, instead of a law being passed, sense- ties are going to be hit with ads by Mr. FEINGOLD. I yield 4 minutes to of-the-Senate language which is not groups with names that sound like the Senator from Michigan. law, is not binding, does not have the civic organizations but which in reality Mr. LEVIN. Mr. President, the sec- force of law, but even in its own lan- are nothing more than well-financed tion 527 loophole is driving elections guage simply suggests to organizations political opponents whose sole purpose and their financing deeper and deeper that they adopt some meaningful dis- is to influence an election. But the into the muck. We cannot stand by closure of activity, is meaningless, not public will not be able to determine with the values we hold as Americans meaningful. We should not stand by who the people are behind the organi- and watch elections driven deeper and and permit this charade to go on any zational name. It could be one person, deeper into the muck. That is what is longer. one union, one corporation, or an asso- happening with this 527 loophole. It is While we do not know the universe of ciation of unions, interest groups, or tearing this system to shreds. The soft these organizations, because they do corporations. An organization with a money loophole has already cut a huge not even have to register with the In- name like Citizens for Safety could hole in the campaign finance system. ternal Revenue Service, we do know have as its sole contributor a leader of This section 527 loophole just simply that this is a bipartisan problem that organized crime. We would never know. tears this system to shreds. It allows requires and deserves a bipartisan solu- The examples are endless. unlimited contributions and, even tion. I urge my colleagues to support this worse than the soft money loophole, it Section 527 was created by Congress amendment. Unfortunately, it does not allows undisclosed unlimited contribu- in the 1970s to provide a category of tax stop the unlimited aspect of these se- tions, stealth contributions, and the exempt organizations for political par- cret contributions, but it does bring press reports already tens of millions ties and political committees. While these contributions out in the open. of dollars of these contributions are to- contributions to a political party or The PRESIDING OFFICER. The Sen- tally off the campaign finance radar political committee are not tax deduct- ator from Virginia. screen. ible, Congress did provide for a tax ex- Mr. WARNER. Mr. President, I yield The only way people can use this is emption for money contributed and 5 minutes to the distinguished Senator by trying to take inconsistent posi- spent on political activities by an orga- from Pennsylvania. tions on two laws. The Internal Rev- nization created for the purpose of in- The PRESIDING OFFICER. The Sen- enue Code defines an organization sub- fluencing elections. At the time Con- ator from Pennsylvania. ject to tax exemption under section 527 gress established the tax exemption, it Mr. SANTORUM. Mr. President, I as an organization which influences or assumed that such organizations would strongly oppose this amendment for attempts to influence the election of be filing with the FEC under the cam- two reasons: No. 1, on its substance. If any individual to any Federal office. paign finance laws for the obvious rea- everyone is concerned about the dam- That seems pretty clear. The Federal son that the language for both cov- age to the political system and the Election Campaign Act defines a polit- erage by the IRS and coverage by the damage to the public and the violation ical committee which is subject to reg- FEC were the same—‘‘influencing an of things in which we believe, of orga- ulation by the Federal Election Com- election.’’ Consequently, it was as- nizations running independent expendi- mission as an organization that spends sumed that section 527 did not need to tures, then cover everybody who does or receives money for the purpose of in- require disclosure with the IRS, since it. If my colleagues are only concerned fluencing any election for Federal of- the FEC disclosure was considerably about certain political groups and not fice. more complete. concerned about other political groups June 8, 2000 CONGRESSIONAL RECORD — SENATE S4783 that may happen to favor their polit- political advantage. You will put a Would the Senator from Wisconsin be ical position, then this is all about pol- chilling effect on some groups and willing to do that as well? The fact is, itics and not about reform. ‘‘Katie bar the door’’ on the others. If this is most egregious, because there is Let’s be clear. This is a rifle shot on that is what you want, if what you no reporting whatsoever in this new- this bill. This does not cover labor want is political advantage, you got it. found cornucopia, which would allow unions, this does not cover the Sierra Vote for it and kill both fairness in the Mafia, drug money, Chinese money, Club, this does not cover the trial law- public discourse and disclosure, which I any other kind of money, to come into yers, all of which are the major funders am for. American political campaigns undis- of the other side of the aisle. I will vote for an amendment—but closed. If that is what the Senator from I am one of those Senators up for re- not on this bill because I think it will Pennsylvania believes is honesty, then election who is going to be at the butt hurt this bill—at some time. I hope the I plead guilty. end of the expenditures of those very leader brings up this issue. But make Mr. FEINGOLD. In response to the same groups, and no one over there will sure we cover everybody. Make sure we question of the Senator from Arizona, be outraged by the ‘‘damage to the do not pick our friends: You don’t have the Senator from Pennsylvania, fortu- public,’’ these groups do. They are only to say anything. You don’t have to dis- nately, is plain wrong about the issue concerned about the damage to the close anything. And by the way, you of whether this covers other groups. As public that groups that do not favor guys who we really don’t like, we are the Senator from Arizona said, in my them do. going to get you. We are going to chill opening remarks, I say to the Senator We heard so much: We need to talk your contributions. We are going to from Pennsylvania, I pointed out that honestly with the public. Let’s talk make you report everything. this doesn’t just cover the Sierra Club. honestly with the public. We are rifle That is what this is about, folks. If The Sierra Club has said it has a 527 or- shooting here. We are killing the we are talking about honesty here, tell ganization to use very large donations American political process by picking the truth. What does your amendment from wealthy individuals totaling $4.5 winners and losers. do? That is the truth. So I am happy to million. At the same time, the second reason debate the truth. The truth is, I will How can the Senator from Pennsyl- I oppose this bill is because we are kill- support an amendment that is broad. I vania even begin to say that we have ing the Defense authorization. will support an amendment that pro- not included groups on both sides? The So we have two losers here. We have vides disclosure for everybody who en- amendment is evenhanded. the political process—the big loser—be- gages in political campaigns but not As the Senator from Arizona has cause here we are in Congress picking pick my friends over my enemies. pointed out, there were reports of winners and losers. And the second, we I would not vote for a bill that just groups from both the right and the left have the Defense authorization proc- picks my friends. Even you said we are using this loophole. Any group claim- ess, which I, as a subcommittee chair- not going to cover those organizations, ing this loophole would have to dis- man, and like my colleague from Ar- Senator, that help you; we are just close. So it is simply false that it kansas, a subcommittee chairman, we going to cover the guys who do not would not include them. put a lot of time and effort into this help you, I would vote against it. Do Mr. SANTORUM. Will the Senator bill because we understand, as the you know why? Because we should not yield for a question? chairman of the Readiness Sub- be doing that. That is wrong. You want Mr. FEINGOLD. We have limited committee, Jim INHOFE, said, we put in to talk about breeding cynicism? Bring time. a lot of effort trying to craft a bipar- up an amendment that calls for disclo- I also point out that the AFL–CIO tisan bill. sure which excludes the groups that has also said it is willing to make fur- We don’t have too many coming to favor you and punishes the ones that ther disclosure itself as long as busi- the floor these days. It is a bipartisan don’t, that brings cynicism to the proc- ness is willing to do the same. I would bill. I have worked with my ranking ess. invite the other side to actually offer a member, JOE LIEBERMAN. We have I yield the floor. real amendment—not a sense of the worked together in concert to put to- The PRESIDING OFFICER. The Sen- Senate, but a real amendment—to try gether a bill we can all support—and ator’s time has expired. to address this. we all did support in committee —that Several Senators addressed the It is simply untrue that we are not really meets the needs of our military, Chair. covering groups on both sides. I specifi- The PRESIDING OFFICER. The Sen- that addresses some of the critical cally mentioned the Sierra Club and ator from Wisconsin. issues we had in our subcommittee. We $4.5 million to cover that. Mr. MCCAIN. Can I engage the Sen- Mr. President, I yield the floor. had to deal with the transformation of ator for 30 seconds? the Army. I know everybody in this Mr. FEINGOLD. Yes. Mr. WARNER. I yield to the Senator Chamber is concerned about how we Mr. MCCAIN. Mr. President, appar- from Pennsylvania. transform the Army. ently the Senator from Pennsylvania Mr. SANTORUM. I ask the Senator There are some very critical deci- does not agree with the Bush cam- from Kentucky, does the Sierra Club sions we made in this bill that affect paign, in which, according to an AP run some of their campaign expendi- the future of our armed services, and story, Bush says: tures through their (c)(4), not through particularly the Army, that I don’t be- Plenty of left-leaning groups led by the their 527 group? lieve will be made correctly if we do AFL-CIO help Democrats. Mr. MCCONNELL. I say to my friend from Pennsylvania, if this bill passed, not pass this bill. The AP goes on to say: There are some critical issues in the 527s that do only issue advocacy would So far for Gore, the Sierra Club, an envi- area of the Joint Strike Fighter. We ronmental group and one of the first to cre- have to publicly disclose their donors. made tough decisions that will not be ate a 527 spin-off, is in the midst of an $8 mil- But other tax-exempt groups that do met if we do not pass this bill. lion ad campaign aiding Democrats running exactly the same kinds of issue ads, A lot of people say we can wait. The for Congress and attacking Bush on the envi- such as 501(c)(4)s, such as the Sierra House may not blue-slip this. The ronment. Club, and 501(c)(5)s, such as the AFL- House voted on this issue. They voted I don’t know where the Senator from CIO, would not have to publicly dis- it down. We know what they will do on Pennsylvania has been, but I will be close their donors. this issue. The fact is, even if that is glad to show him ample testimony that So the problem is, if the idea is to not the case, this is not the right this comes from both the left and right have comprehensive disclosure, we amendment. This is not the right way equally. So the evidence is obviously have left out a huge percentage of to address this issue. contrary to that. those who are involved in political ac- If you care about the ‘‘corruption of I would also hope that the Senator tivity. The two that I mentioned hap- the system’’ that these organizations from Pennsylvania would join the Sen- pen to almost always be in support of do, cover everybody. If you care about ator from Wisconsin and me where the candidates on the other side of the gaining political advantage, vote for next amendment would be one that in- aisle. It would also not include the this amendment because you will gain cluded all organizations. American Trial Lawyers Association. S4784 CONGRESSIONAL RECORD — SENATE June 8, 2000 It would not include groups such as mean that the Senate would be origi- revenue. The McCain-Feingold- Public Citizen, and environmental nating a piece of tax legislation. This Lieberman amendment is merely a re- groups. As I mentioned, organized is in direct violation of the Constitu- porting requirement. It requires that labor, all of whom would be exempt. tion. Rest assured, the House will not those with a certain status report spec- As I understand, the point of the accept it and will refuse the bill when ified actions. sense-of-the-Senate amendment of the we seek to send it to them. Hence, the Second, the House’s decision to blue- distinguished chairman of the Armed adoption of this amendment will kill slip a bill, to refuse to consider a bill, Services Committee which would be of- this Defense bill just as assuredly as if is an act of discretion on the part of fered, as I understand it, after a motion we voted it down. the House of Representatives. It does to table the McCain amendment is ap- We must not lose sight of the fact not happen automatically. It requires proved, would call for a comprehensive that there is no higher priority than the House to pass a resolution to put approach. The majority leader is going our nation’s defense. This bill provides this blue-slip into place, and the House to address the issue of when to do that. much-needed funds for it. It gives a de- can choose to consider this measure if It is my opinion—I know he will an- served pay raise to our armed forces— it wants to. nounce it is his opinion—we ought to allowing them to enlist and retain the Third, the Senate can and must be its do that this year in this session be- all-volunteer force that stands on per- own judge of what it considers to be cause disclosure is, as the Senator from petual watch over our nation. It pro- ‘‘bills for raising revenue’’ within the Arizona has pointed out, an area where vides for spare parts that will keep our meaning of the Constitution. The Sen- we have been largely in agreement. It Armed Services in service. ate does not have to adhere slavishly is a question of making sure that this Now, I’d like to move to my second to the most wildly blown interpreta- is the right kind of disclosure and not point, provision of the proper vehicle. tion of what somehow constitutes bills a kind of selected partial disclosure The House has passed a tax bill that for raising revenue, or else in the end which happens to have the practical ef- deals with taxpayer rights and disclo- the Senate would never be able to send fect of leaving out, in my view, most of sure of information for tax-exempt or- to the House of Representatives any the major players who engage in issue ganizations. That bill, known as the bill the House didn’t favor. Someone in advocacy in this country. ‘‘Taxpayer Bill of Rights 2000,’’ is in the House, anyone, could raise a The PRESIDING OFFICER. The Sen- the Finance Committee. charge, however baseless, that the bill ator from Virginia. The taxpayer rights legislation will was a bill for raising revenue and then Mr. WARNER. I yield 2 or 3 minutes be the vehicle for proposals to curtail just somehow stop it dead in its tracks. to my distinguished colleague, the corporate tax shelters, which both the In this regard, I note it is deeply chairman of the Finance Committee. majority and the minority staffs of the ironic that some in this majority are Mr. ROTH. I thank the distinguished Finance Committee have been working suddenly becoming so zealous about en- chairman of the Armed Services Com- to draft. The taxpayer rights legisla- forcing the House’s prerogatives to mittee for this grant of time. tion will be the appropriate vehicles originate bills for raising revenue. The I rise today to make two announce- for this amendment. I support in- House has a longstanding tradition of ments about the proposed amendment. creased disclosure. Section 527 needs to considering all appropriation bills to The first announcement is that the be amended. It is my intention to move be bills for raising revenue within the Department of Defense authorization such legislation later this year. meaning of the Constitution. If the bill is not the proper vehicle for the Mr. WARNER. Mr. President, may we Senate were to send the House an S- issue raised by raised by this amend- have the time allocation remaining be- numbered appropriations bill, the ment. tween the proponents of the amend- House could blue-slip that bill as well. The second announcement is that ment and the Senator from Virginia. Of late, the majority has shown a great there will be a proper vehicle for the The PRESIDING OFFICER. The Sen- enthusiasm for taking up S-numbered issue. ator from Virginia has 3 minutes re- appropriation bills notwithstanding Let’s explore my first point, that is, maining. this threat. The majority cannot have whether this defense bill is an appro- Mr. WARNER. I thank the Chair. it both ways on this point. priate vehicle for this amendment. The PRESIDING OFFICER. The Sen- I ask unanimous consent that a list- This amendment increases the ator from Arizona has 51⁄2 minutes re- amount of disclosure that certain tax maining. ing of instances when the Senate has exempt organizations that are orga- The Senator from Wisconsin. considered such bills that the House nized under section 527 of the Internal Mr. FEINGOLD. Mr. President, this would have considered ‘‘bills for raising Revenue Code have to make if they are amendment is not about politics. I as- revenue’’ be printed in the RECORD at not subject to the disclosure require- sure my colleagues, this amendment the conclusion of my remarks. ments under the Federal Election Cam- covers all groups regardless of their The PRESIDING OFFICER. Without paign Act. politics. Not only do we not cover the objection, it is so ordered. To do this, the amendment will sub- AFL-CIO, we don’t cover the Chamber (See Exhibit 1.) ject these tax exempt organizations to of Commerce. The National Right to Mr. FEINGOLD. Finally, Mr. Presi- tax on the contributions they receive if Life, as with those aspects of the Si- dent, the most powerful argument they do not follow disclosure require- erra Club that are 501(c)(4), has to pub- against the opponents’ attempt to hide ments similar to the disclosure re- licly disclose through a tax return behind the fig leaf of this sham con- quirements set out in the Federal Elec- whether they are constituted in that stitutional objection is that their tion Campaign Act. manner. The argument and the at- famed concern for the prerogatives of While the objective of the amend- tempt to somehow suggest that the the House of Representatives will not ment is increased campaign finance rules will be one way for some groups fool anyone. This is a vote on campaign disclosure, the amendment is framed in rather than others is simply false, as finance reform, pure and simple. In the the context of a Tax Code change, were the other points made by the Sen- end, when colleagues go back home and which is a revenue measure. ator from Pennsylvania. when a constituent asks them why Under the Constitution, all revenue This is an appropriate place to raise they opposed campaign finance reform, measures must originate in the House this issue. if they answer, Well, it might have had of Representatives. If the revenue Let me take a moment to respond to a blue-slip problem, I don’t think the measure did not originate in the House, the trumped up charge that the Senate explanation is going to work very well. then any member could subject the bill cannot consider this amendment be- That is not cover. The fig leaf is trans- to a ‘‘blue slip,’’ thereby voiding the cause the House might blue-slip the parent, and the people will see right entire bill, not just the part of the bill bill. I think some people are trying to through it. that is a revenue measure. use this charge as a fig leaf for voting This is a vote about campaign fi- Make no mistake, regardless of its against campaign finance disclosure. nance reform, pure and simple. I urge merits, this amendment will kill this My first response to my opponent’s at- my colleagues to support this common- bill. If adopted, this amendment would tack is that this is not a bill for raising sense amendment, and I yield the floor. June 8, 2000 CONGRESSIONAL RECORD — SENATE S4785 EXHIBIT 1 Rather interesting. Knowledge will forever govern igno- INSTANCES WHEN THE SENATE HAS CONSID- Mr. President, I yield 1 minute to rance and a people who mean to be ERED BILLS THAT THE HOUSE OF REP- each of my colleagues, the Senator their own governors must arm them- RESENTATIVES WOULD CONSIDER ‘‘BILLS FOR from Arkansas and the Senator from selves with the power which knowledge RAISING REVENUE’’ Alabama. gives.’’ S. 2603, Legislative Branch Appropriations The PRESIDING OFFICER. The Sen- In clearer terms, Francis Bacon con- Act 2001, considered May 24–25, 2000. ator from Arkansas. veys the same principle in the saying, S. 2522, Foreign Operations, Export Financ- Mr. HUTCHINSON. Mr. President, I ‘‘Knowledge is Power.’’ ing, and Related Programs Appropriations am for campaign finance reform. I Mr. President, the passage of this Act, 2001, motion to proceed considered May 18, 2000. voted for cloture on the McCain-Fein- amendment would help arm the people S. 2521, Military Construction Appropria- gold bill, and I would do it again. with the knowledge they need in order tions Act, 2001, considered May 11 and 15–18, I think this has merit, but it is the to exercise their civic duty and sustain 2000. wrong time, the wrong vehicle, the our popular government. S. 625, Bankruptcy Reform Act of 1999, wrong scope. If this is the U.S.S. War- I have also long believed in Justice with amendment number 2547 proposed by ner, this is the torpedo that could sink Brandeis’ statement that, ‘‘Sunlight is Senator Domenici to increase the Federal it. That is wrong. said to be the best of disinfectants.’’ minimum wage and protect small business There are too many important things People deserve to know before they considered November 8–10, 16–17, and 19, 1999, step into the voting booth which indi- and January 26 and 31 and February 1–2, 2000. in the bill to destroy it. There is health S. 1650, Departments of Labor, Health and care for our military retirees forever. viduals or organizations are sponsoring Human Services, and Education, and Related By a 96–1 vote yesterday, we put that the advertisements, mailings, and Agencies Appropriations Act, 2000, consid- in. There are retail and mail order phone banks they may see or hear from ered September 29–30 and October 1 and 6–7, pharmacy prescription benefits. I don’t during an election. We need to shine 1999. want to face those military retirees some sunlight on these secretive Sec- S. 1283, District of Columbia Appropria- and say: We thought this was a good tion 527 organizations so that people tions Act, 2000, considered July 1, 1999. vehicle for campaign finance reform. will know who or what is trying to in- S. 1282, Treasury and General Government Appropriations Act, 2000, considered June 30 There is the thrift savings plan, fluence their vote. and July 1 and 13, 1999. TRICARE remote, a 3.7-percent pay I have watched with growing dismay S. 1234, Foreign Operations, Export Financ- raise. the increase in the number of troubling ing, and Related Programs Appropriations It is wrong to kill this bill for a non- examples of problems in our current Act, 2000, considered June 30, 1999. germane campaign finance provision. campaign finance system. These prob- S. 1233, Agriculture, Rural Development, There will be an opportunity. We lems have led to a perception by the Food and Drug Administration, and Related should do it, but we should not put a public that a disconnect exists between Agencies Appropriations Act, 2000, consid- nongermane provision such as this on themselves and the people that they ered June 21–22, 24, 28–29 and August 2–4, 1999. have elected. I believe that this percep- S. 1217, Departments of Commerce, Justice, an important DOD bill. and State, the Judiciary, and Related Agen- Mr. SESSIONS. Mr. President, I have tion is a pivotal factor behind the dis- cies Appropriations Act, 2000, considered worked with Chairman WARNER for turbingly low voter turnouts that have July 21–22 and 26, 1999. nearly a year on this bill. It is time to plagued national elections in recent S. 1143, Department of Transportation and pass this bill. If we put this non- years. Related Agencies Appropriations Act, 2000, germane Internal Revenue Code It is time to restore the public’s con- motion to proceed considered June 24 and 28, amendment on it, it will be blue- fidence in our political system. It is 1999. slipped by the House as a revenue bill. time to increase disclosure require- S. 1206, Legislative Branch Appropriations ments and ban soft money. It is time to Act, 2000, considered June 16, 1999. It will come back like a rubber ball off S. 1205, Military Construction Appropria- the wall. work together to pass meaningful cam- tions Act, 2000, considered June 16, 1999. This is not what we are here for. This paign finance reform. S. 1186, Energy and Water Development is not a campaign finance vote. It is a I urge my colleagues to support the Appropriations Act of 1999, considered June vote involving the defense of these McCain amendment. 14–16, 1999. United States of America. That is what Mr. WARNER. Mr. President, is there S. 1122, Department of Defense Appropria- we need to do. I support the chairman. any time remaining? tions Act, 2000, considered June 7–8, 1999. I believe this is a good bill. The PRESIDING OFFICER. The Sen- S. 544, Emergency Supplemental Appro- Mr. JEFFORDS. Mr. President, I rise ator from Virginia has 30 seconds re- priations Act for Fiscal Year 1999, considered maining, and the Senator from Arizona March 18–9, 22–23, 1999. today to speak in support of the McCain amendment on Section 527 or- has 2 minutes. S. 2237, Department of the Interior and Re- Mr. WARNER. I will let the Senator lated Agencies Appropriations Act, 1999, con- ganizations. I would first like to thank from Arizona proceed. sidered September 8–10 and 14–16, 1998. Senator LIEBERMAN and Senator The PRESIDING OFFICER. The Sen- S. 2334, Foreign Operations, Export Financ- MCCAIN for their work in focusing the ator from Arizona. ing, and Related Programs Appropriations attention of the nation on the prob- Mr. MCCAIN. Mr. President, I will Act, 1999, considered September 1–2, 1998. lems Section 527 organizations are cre- S. 2159, Agriculture, Rural Development, quote from the Washington Post on Food and Drug Administration, and Related ating in our campaign finance system. June 4, this Sunday: Most people don’t know what a Sec- Agencies Appropriations Act, 1999, consid- Both parties use these section 527 commit- ered June 18 and July 13–16, 1998. tion 527 organization is, and that is un- tees. Failure to disclose is the insidious, ulti- S. 1768, 1998 Emergency Supplemental Ap- derstandable, it is a highly complex mate corruption of a political system in propriations Act for Recovery From Natural issue. But what many people do under- which offices, if not the officeholders them- Disasters, and for Overseas Peacekeeping Ef- stand is that our campaign finance sys- selves, are increasingly bought. At least they forts, considered March 23–26, 1998. tem is broken and that we must do could vote for sunshine, or is the truth too The PRESIDING OFFICER. The Sen- something to fix it. embarrassing for either donors or recipients? ator from Virginia. A recent report by Common Cause re- Mr. President, we have heard some Mr. WARNER. Mr. President, I pick inforces the point that there are seri- very interesting arguments and discus- up on my distinguished colleague’s ous loopholes in our campaign finance sions about whether it is appropriate, statement. This is a bill about cam- system. as to whether it favors one side or an- paign finance reform. What relevance We must close the loophole allowing other. There isn’t an American who is is that? What germaneness is that to so-called ‘‘Stealth PAC’s’’ organized well informed who does not know that the armed services? I read from the under Section 527 of the tax code, to this system has lurched completely out CONGRESSIONAL RECORD of May 18 of hide their donors, activities, even their of control, when people are allowed to this year when the Byrd-Warner bill very existence from public view. engage in the political system and give was put on the MILCON bill. The Sen- Many years ago, James Madison said, unlimited amounts of money and have ator from Arizona said: ‘‘A popular government without pop- it undisclosed. Its inclusion in the military construction ular information is but a prologue to a The reason this is on this bill, I say appropriations bill is highly inappropriate. tragedy or a farce or perhaps both. to the chairman of the Armed Services S4786 CONGRESSIONAL RECORD — SENATE June 8, 2000 Committee, is that we have been un- through the lists and see which can be Warner: USMC Procurement. able to propose an amendment on any accepted and which ones are a problem, Warner: Close in weapons system. bill so far. or maybe will not be offered, and which Warner: Close in weapon system modifica- This has been the first opportunity. I ones will have to have debate or votes. tions. Warner: Gun mount modifications. regret doing so. But I was willing to I ask unanimous consent that the list Warner: A–76 Study. enter into a time agreement to get this I now send to the desk be the only re- Warner: Anti-personnel obstacle breaching done. I must tell my friend we will con- maining first-degree amendments in system. tinue on this issue until we resolve the order for the DOD authorization bill Warner: Info Security Scholarship. objections that may exist concerning other than second-degree amendments Warner: Future years defense budget it. It is too important. If we are con- which must be relevant to the first de- (DOE). cerned about these men and women in gree. Warner: 12 Relevant. T. Hutchinson: Revise BAH. the military—and he and I share that The PRESIDING OFFICER. Is there T. Hutchinson: Uniform Resource Process. concern—then we should also be con- objection? Stevens: Alaska Territorial Guard. cerned about giving them the kind of Without objection, it is so ordered. Snowe: Amend Sec. 2854 to authorize in- Government and political system they The list of amendments is as follows: terim lease. can be proud of. Today, if they are in- Stevens: Environmental fines. Roberts: DOE Computer Export Controls. formed about it, they are ashamed. B. Smith: Security Clearances. Snowe: NMCI. I yield back the remainder of my B. Smith: Relevant. Inhofe: Relevant. Crapo: DOE Construction. time. Inhofe: Air Logistics Technology. Chafee: UUV’s. Inhofe: Ammo Risk Analysis Capability The PRESIDING OFFICER (Mr. Thomas: Transferring of Veterans’ Memo- Research. DEWINE). The Senator from Virginia is rials. Lott: Keesler Hospital Repairs. recognized. Jeffords: National Guard Education. Bennett: Altas uranium milling site. Mr. WARNER. Mr. President, I thank Brownback: NCAA gambling. Lott: Weather proofing. my colleague for the courtesies he has DeWine: TARS. Bennett: Critical Infrastructure Protec- extended me. I said clearly, given the DeWine: Air Force Technology Institute. tion. opportunity, I would vote with him. DeWine: Air Force Museum. McCain: 2 Relevant. DeWine: Air Force planning. McCain: 1 Gambling. But this time I say to my old sailor Stevens: Increase funding for FUDS. McCain: Internet. friend, man your battle station, tor- Fitzgerald: overhead out of arsenal bids. McCain: 5 Campaign Finance. pedoes are on the horizon headed for Murkowski: payment rates for doctors. McConnell: 3 Campaign Finance. the port bow of the armed services an- Gramm: relevant. Grams: Reserve Grade Level Exemptions. nual authorization bill. Gramm: export controls. Voinovich: Workforce Realignment. I yield the floor. Gramm: relevant. Mack: U.S. Foreign Policy. Mr. President, I suggest the absence Bennett: transfer of Naval Oil Shale Re- McCain: Assistance to Service Members in of a quorum. serve #2. Claims Process. Enzi: export controls. Johnson/Sarbanes: Export Administration. The PRESIDING OFFICER. The Helms: 3 relevant. Johnson: Genetic Pharmaceutical Access. clerk will call the roll. Gorton: relevant. Johnson: Medical Prescription Drugs. The assistant legislative clerk pro- Thompson: Information Management. Johnson: Livestock Packers. ceeded to call the roll. Thompson: Gov. contracts. Kerrey: Missile Defense. Mr. REID. Mr. President, I ask unan- Thompson: Export Admin. efficiencies. Kerrey: National Guard. imous consent that the order for the Domenici: nuc. cities. Cleland: Plaid. quorum call be rescinded. Domenici: directed energy. Cleland: Relevant. The PRESIDING OFFICER. Without K. Hutchison: uniform services health care Feingold: National Guard/Reserve Duty systems. Pay. objection, it is so ordered. K. Hutchison: access to health care. Feingold: Trident Missiles. Mr. REID. Mr. President, I ask my K. Hutchison: Balkans. Feingold: McCain-Feingold CFR. friend from Virginia, may we enter K. Hutchison: DoD Schools. Feingold: McCain-Feingold-Lieberman 527. into a unanimous consent request that Inhofe: DoD to review qui ram cases. Feingold: Extension of Law Enforcement the time on the next amendment not Bennett: Computer export controls. Public Interest Conveyance. start running until the leader, who will Domenici: Melrose and Yakima ranges. Feingold: McCain-Feingold CFR. be here, finishes his work? Domenici: R&D Projects (4). Durbin: Missile Defense Testing. Enzi: Control tower, Cheyenne, WY. Mr. WARNER. That is in order. I ask Durbin: Registration Deadline in OPM re: Gramm: Retransfer of former naval ves- Student Loan Repayments. that the time consumed by the quorum sels. Murray: Abortion in the Military. call not be borne by the next amend- Grams: Land conveyance, Winona, MN. Murray: Air National Guard. ment coming up. Grams/Sessions/et al: Military Reserve Eq- Feinstein: Relevant. The PRESIDING OFFICER. Without uity. Feinstein: Relevant. objection, it is so ordered. Inhofe/Robb: Apache Readiness. Robb: Land Conveyance for the National Mr. REID. I suggest the absence of a Inhofe/Nickles: Industrial Mobilization Ca- Guard Intel Center. quorum. pacity. Robb: Resource Management Program. Kyl: NIF funding. Kennedy: School Hate Crimes. The PRESIDING OFFICER. The Lott: Concurrent Service—CNR/CTO. Kennedy: Environmental UXO Detection clerk will call the roll. Lott: Acoustic mine detection technology. Technology. The assistant legislative clerk pro- Santorum: Funding for AV–8B. Kennedy: HMO. ceeded to call the roll. Hatch: HI–B’s. Kennedy: Minimum Wage. Mr. LOTT. Mr. President, I ask unan- Hatch: FALN. Lautenberg: Safe Streets & Schools. imous consent that the order for the Hatch: Hate crimes. Reid: Relevant. quorum call be rescinded. Lott: 2 relevants to any amendment on Reid: NCAA Gambling. The PRESIDING OFFICER. Without list. Reid: NCAA Gambling. Warner: Marine Corps Heritage Center. Reid: NCAA Gambling. objection, it is so ordered. Warner: Indemnification of transferees of Reid: NCAA Gambling. Mr. LOTT. Mr. President, I know we closing defense properties. Reid: NCAA Gambling/Civil Rights. are now prepared to go to the debate on Warner: National Commission on Cuba. Reid: Date of Registry. the next amendment. But I do have a Warner: Report on bioterrorism. Daschle: Relevant. unanimous consent request to make Warner: NIMA/technical. Daschle: Relevant to Any on List. and some brief comments. Warner: Technology for mounted maneuver Daschle: Immigration, Technology Job For the information of all Senators, forces. Training. the two managers have previously ex- Warner: APOBS. Daschle: Immigration, Technology Job changed amendment lists on each side Warner: Agreed-to package of provisions Training. with Govt. Affairs Committee. Daschle: Immigration, Education Access. of the aisle. Senator DASCHLE and I Warner: MK–45 maintenance and the MUCT Daschle: Immigration, Education Access. have talked about the need to get some site. Wellstone: CFR. finite list identified so that our whips Warner: Land conveyance, LA Air Force Wellstone: Ag. Concentration. and the managers can begin to work Base. Wellstone: Domestic Violence. June 8, 2000 CONGRESSIONAL RECORD — SENATE S4787 Wellstone: Welfare Tracking. of what amendments we would have to Mr. DASCHLE. Mr. President, I ask Wellstone: States Rights to Enact Public take time on. unanimous consent that reading of the Financing. This is not part of the unanimous amendment be dispensed with. Wellstone: Mental Health Equitable Treat- consent request. We are not locking in The PRESIDING OFFICER. Without ment Act. Wellstone: Relevant. on that—neither I nor Senator objection, it is so ordered. Wellstone: Relevant. DASCHLE. But we have to find some (The text of the amendment is print- Kerry: Environmental and Public Health way to try to work through this list ed in today’s RECORD under ‘‘Amend- Compliance. and, hopefully, be able to conclude this ments Submitted.’’) Dorgan: SoS Air at’l Guard F 16A. bill. I know Senator WARNER would Mr. DASCHLE. Mr. President, it is Dorgan: B 52. like to do that. with some reluctance that I come to Dorgan: Cuba Ag. Sanctions. I wanted to make those observations. the floor this afternoon—reluctance be- Dorgan: Relevant. I ask Senators on both sides to, if you cause we had hoped that this would not Schumer: Money Laundering. be necessary. We had hoped that the Schumer: Critical Infrastructure. can, withhold your amendment if it is Conrad: EB 52 Aircraft. not essential. Please do that, because action taken by the Senate—now al- Conrad: Global Missile Early Warning. there is no way we can do 200, or 100, or most a year ago—would have provided Conrad: Relevant. 50 amendments and complete this us with an opportunity to have finished Bryan: National Guard. work. by now the work begun more than a Bryan: Relevant. I yield the floor. year ago. The Senate acted in a way Harkin: WIC Troops Families. Mr. DASCHLE. Mr. President, let me that we felt was not as acceptable as Harkin: Generals Jet Procurement. we would have liked. The House acted Harkin: Secrecy Policy. second what the majority leader has Harkin: Health Care. just said. I appreciate the fact that he in a way that met the expectations of Boxer: Executive Planes. has taken this bill to the floor under many of us. On a bipartisan basis the Boxer: Transfer Amendments. the regular order. I have indicated a House passed a bill to protect patients’ Boxer: Use of Pesticides on Bases. desire to work with him to complete rights in ways that I think lives up to Boxer: Privacy of DoD Medical Records. work on this bill under regular order. the expectations not only of those of us Torricelli: Relevant. Again, as I always do, I thank the as- who have advocated this legislation Torricelli: Relevant. but of the American people and many Bingaman: Education Partnerships. sistant Democratic leader for his ef- Bingaman: Labs. forts in trying to narrow the scope and others who care deeply about these cir- Bingaman: Relevant. the list. cumstances. Levin: Organ Transplant. We have to start here. Now we know It was our hope that the conferees, Levin: Relevant. what the universe is. Unfortunately, I over the course of the last 12 months, Levin: Relevant. think the universe includes the ‘‘kitch- could have resolved differences and we Reed: Date of Registry. en sink’’ in this case. I think it is im- could have sent this legislation to the Lieberman: Campaign Finance/Criminal President by now. That has not hap- Enforcement. portant to try to eliminate the ‘‘kitch- en sink’’ and other matters that may pened. Dodd: Veterans Gravemarkers. Under the circumstances, we are left Dodd: Firefighter Support. or may not be essential to take up. I Dodd: Cuban Commission. think there are nonrelevant matters with no choice but to come to the floor Byrd: Bi-Lateral Trade. that could be taken up under very and once again have the debate and Edwards: SoS Special Pay. short time constraints, as we are about press the issue—to try to say with as much definition as we can that this Edwards: SoS Hurricane Floyd. to do. We need to finish the bill as well. Landrieu: Study of Deep Submergence Sub- legislation must pass; that this legisla- I certainly plan to work with the ma- marine System. tion must be sent to the President; jority leader to see that we accomplish Landrieu: Special Assault Aircraft and In- that this legislation must be signed that over the course of the next couple flatable Boats. into law. Landrieu: Relevant. of days. The urgency of our effort could not Landrieu: Relevant. Mr. WARNER. Mr. President, I thank be better represented than by what we Landrieu: Relevant. our two distinguished leaders. No mat- see on the charts immediately behind Mr. LOTT. Mr. President, there are ter how diligent the managers are— me. The first chart shows what is hap- almost 200 amendments, I think, on there is this question, particularly his- pening to patients day by day as this this list. A large number of them are torically, on this bill that Senator Congress fails to act. The Patients’ Bill not related to the national security of LEVIN and I have worked on for some 22 of Rights affects thousands and thou- our country. They are not related to years—only the leadership can come sands of people on a daily basis—thou- the Defense authorization bill. There down and get that list of amendments. sands of people who go into hospitals are two amendments now pending that I thank them very much for that. and clinics hoping that they might be are not related to national security. We will now deal with that as expedi- able to get the care they so desperately I am very concerned about how long tiously and as fairly as we can. need. this could go on and what these amend- I thank the Chair. The PRESIDING OFFICER. Under This chart says it all when it comes ments are. They do run the usual to what happens to patients as a result range, from the HMO amendment, to the previous order, the hour of 3 p.m. having arrived, the Democratic leader of our inaction. campaign finance amendments, to min- Thirty-five thousand Americans on a is recognized to offer an amendment imum wage, and a whole long list of daily basis fail to get the kind of care relevant to HMOs on which there will unrelated or nongermane amendments. they absolutely have to have to restore I knew when we moved to this legis- be 2 hours of debate equally divided. The Democratic leader. their health. lation this would be possible. I wanted Thirty-five thousand people are de- AMENDMENT NO. 3273 to see how we could do, see if progress nied specialty care in instances when could be made, see if a little steam per- (Purpose: To amend the Public Health Serv- doctors have prescribed it. haps could be let off here. This is im- ice Act, the Employee Retirement Income Thirty-one thousand are forced on a portant legislation, so we are going to Security Act of 1974, and the Internal Rev- enue Code of 1986 to protect consumers in daily basis to change doctors—we are have to work through these amend- managed care plans and other health cov- not talking about what has happened ments and cut them down to a reason- erage.) over the course of the last 12 months. able number. Senator DASCHLE and I Mr. DASCHLE. Mr. President, under We are saying every single day in the have discussed the possibility, after we the order, I send an amendment to the United States of America that 31,000 get these amendments and see how we desk. people are forced to change doctors, are doing, that we set the bill aside and The PRESIDING OFFICER. The against their will in many cases. go to the Department of Defense appro- clerk will report. Eighteen-thousand are forced to priations bill, with the understanding The legislative clerk read as follows: change medication. that when that was completed, we The Senator from South Dakota (Mr. Fifty-nine thousand a day, as a result would come back to the authorization DASCHLE) proposes an amendment numbered of the inaction in the Congress—a num- bill, and then we would have some idea 3273. ber exceeding the second largest city in S4788 CONGRESSIONAL RECORD — SENATE June 8, 2000 the State of South Dakota—are sub- We thank you for making this technical You can’t say it any more directly jected to more pain and suffering and a change. We hope that this important legisla- nor any more powerfully than that— worsening of their condition. tion enjoys as much bipartisan success on whether it is the sponsors of the House- Those aren’t our figures. Those are the Senate floor today as it did on the House passed bipartisan bill, or whether it is floor last year. figures from the California Managed With every good wish. those in the trenches on a daily basis Care Improvement Task Force and Sincerely, who recognize the importance and the other reputable organizations that JOHN D. DINGELL. urgency of this issue and have asked us have analyzed the cost of the inaction CHARLIE NORWOOD. to address it posthaste, or whether it is in the Congress over the course of the Mr. DASCHLE. Mr. President, the the thousands of people out there being last year. letter simply calls upon the Congress denied health care on a daily basis. The A second way to look at this issue is to act. It says: commitment we must make to those doctors’ perceptions of our inaction. who are left in the lurch must be re- The number of doctors each day who We are pleased that you are bringing the bipartisan compromise bill that we passed stated and reemphasized. The only way see patients with a serious decline in overwhelmingly in the House last October to to restate and reemphasize our com- health as a result of health plan abuse the Senate floor today. mitment to their need is to pass this is striking. They want us to act. bipartisan bill this afternoon as part of Fourteen-thousand people are denied That is from the sponsors of the this vehicle. coverage of recommended prescription House-passed legislation. I share the view expressed by some drugs as a result of our inaction. The doctors so directly involved in Ten-thousand are denied coverage of that we don’t want to slow down this our critical health care needs are also needed diagnostic tests. bill. We just had that discussion on an- Seven-thousand are denied referral to asking the Senate to act today. other amendment. I recognize that. It needed specialty care. I ask unanimous consent that a is for that reason that we have ex- Six-thousand are denied overnight statement released by the American pressed a willingness to limit the de- hospital stay, and 6,000 are denied re- Medical Association be printed in the bate on this amendment to no more ferral to mental health and substance RECORD. than 2 hours, with an hour on each abuse treatment. There being no objection, the state- side. One could just sit down after that ment was ordered to be printed in the We want to move this legislation. and say the Senate must act. Let’s RECORD, as follows: But we also want to move the defense vote. I think those numbers are as AMERICAN MEDICAL ASSOCIATION, bill. We can do that by limiting the compelling a reason as I have heard June 8, 2000. amount of time, and we have volun- about the importance of this body act- AMA CALLS ON SENATE TO PASS NORWOOD- tarily accommodated those who wish ing on this legislation, as we should DINGELL PATIENTS’ RIGHTS BILL AS AMEND- to move this legislation quickly by al- have acted now more than 12 months MENT TO DOD REAUTHORIZATION lowing the time limit on this amend- ago. We have not acted. And tens of ‘‘The Senate must give Americans the pa- ment. tient protections they want and need thousands of people are paying a price I think it is very clear why we are of- now.’’—Thomas R. Reardon, MD, AMA Presi- fering this amendment, when you look that they shouldn’t have to pay be- dent. cause we have not acted. ‘‘The AMA strongly supports attaching the at what it does and why it is so impor- I have been encouraged by cor- Norwood-Dingell patients’ rights bill to the tant and the pressing need for it. respondence that we have been sent DoD reauthorization bill. Patients and phy- Again, I emphasize it was passed on a just in the last few hours: One from the sicians have worked for more than half a strong bipartisan vote in the House of sponsors of the legislation on the decade on a bill to protect patients—and now Representatives. House side, Congressman CHARLIE NOR- is the time to make that bill a law. When you look at this chart, it lays ‘‘Patients and their physicians have waited WOOD, and Congressman JOHN DINGELL. out in a very short and succinct man- too long. The Senate must give Americans ner the differences between what—on a I will simply read an excerpt, and ask the patient protections they want and need unanimous consent the entire letter be now—not just a bill, but a real law that pro- bipartisan basis the House has sup- printed in the RECORD. tects patients. ported and many of us now support in There being no objection, the letter ‘‘Patients and physicians are frustrated the Senate—versus what our Repub- was ordered to be printed in the with the lack of progress in the House-Sen- lican colleagues in the Senate have ad- RECORD, as follows: ate Conference committee. We will aggres- vocated as their response to the need sively pursue all opportunities until mean- HOUSE OF REPRESENTATIVES, for a Patients’ Bill of Rights for the ingful patients’ rights legislation is signed COMMITTEE ON COMMERCE, country today. Washington, DC, June 8, 2000. into law. First and foremost, protecting all pa- ‘‘A Republican staff counterproposal put Hon. EDWARD M. KENNEDY, forward June 4 is unacceptable, making it tients and making sure that everybody U.S. Senate, Washington, DC. little better than the HMO Protection Act has access to protections is a funda- Hon. TOM DASCHLE, passed by the Senate last summer. That bill mental difference between the bipar- U.S. Senate, Washington, DC. was a sham. Now the Senate has a chance to tisan plan and the Republican plan. We DEAR SENATORS KENNEDY AND DASCHLE: We make it right. protect all patients; they don’t. are pleased that you are bringing the bipar- ‘‘A May NBC/WSJ poll found that patients’ Holding plans accountable is the sec- tisan compromise bill that we passed over- bill of rights was the most important health whelmingly in the House last October to the ond criteria by which we judge whether issue among registered voters. A recent Kai- or not we are truly interested in solv- Senate floor today. We appreciate your will- ser/Harvard poll found that an overwhelming ingness to fix a technical drafting error in 80% of Americans support patients’ rights ing this problem. the point of service provision. legislation, including the right to sue health Accountability has to be the first or The change we have requested is a tech- plans. second priority if we are truly going to nical correction to ensure that all individ- ‘‘The AMA-endorsed Norwood-Dingell bill, resolve these problems and address the uals covered by employer-sponsored health overwhelmingly approved by the House on a concerns raised by millions of Ameri- insurance plans, including self-insured plans, bipartisan basis last fall, acknowledges the cans. would be able to choose a point of service op- people’s clear call for meaningful protec- tion. This option would allow patients to The bipartisan plan holds insurance tions. Patient protections should not be a companies accountable. Unfortunately, choose the doctor who best met their med- partisan issue. Republicans and Democrats ical needs. This change would not otherwise must work together to address well-docu- the Republican plan does not. affect what we believe is an important provi- mented problems. Definitions of medical necessity are a sion. As you know, the point of service provi- ‘‘Rhetoric is not enough. The Senate must very complex and increasingly dis- sion in the Norwood-Dingell bill clearly do the right thing and pass the Norwood-Din- turbing way with which the insurance states that the patient, not the employer or gell provisions.’’ companies eliminate access to good the health plan, would bear any extra cost associated with this provision. Additionally, Mr. DASCHLE. Mr. President, this is quality care. point of service is not required to be offered an excerpt from the statement: We ensure unfair definitions of ‘‘med- in instances where enrollees have a point of Rhetoric is not enough. The Senate must ical necessity’’ used by insurance com- service option through another health insur- do the right thing and pass the Norwood-Din- panies don’t prevent patients from get- ance issuer or group health plan. gell provisions. ting needed care. Our bipartisan plan June 8, 2000 CONGRESSIONAL RECORD — SENATE S4789 addresses that issue. The Republicans that protects all patients and holds all use themselves; delay and deny pa- do not. HMOs and other health plans account- tients the care they need. Guaranteed access to specialists is able for their actions. Every day that It is just as wrong for Congress to also an issue that so many people be- the conference on the Patients’ Bill of delay and deny these needed reforms as lieve needs to be resolved. We address Rights fails to produce agreement on it is for HMOs to delay and deny need- it. The Republicans barely address it at meaningful patient protections, 60,000 ed care. It is wrong for HMOs to say all. more patients endure added pain and that a patient suffering a heart attack We can go down the list. Access to suffering, and more than 40,000 patients can’t go to the nearest hospital emer- OB/GYN, access to clinical trials, ac- report a worsening of their condition gency room. It is wrong for Congress cess to nonphysician providers, choice as a result of health plan abuses. not to take emergency action to end of providers, point-of-service, emer- For more than 3 months, we have this abuse. It is medical malpractice gency room access, prohibition of im- participated in a charade of a con- for HMOs to say that children with proper financial incentives. On all of ference that refuses to make progress rare cancers can’t be treated by a these issues and many more, there is a on these basic issues. We have tried to qualified specialist. And it is legisla- clear choice between what the Repub- reach agreement with the Republican tive malpractice for Congress not to licans have proposed and what the bi- leadership on the specific patient pro- end this abuse. It is wrong for HMOs to partisan plan adopted in the House re- tections that are critical to ending deny access to patients to clinical quires. abuses by HMOs and other managed trials that could save their lives. And Time is running out. We have about care plans. But the Congress has failed it is wrong for Congress not to guar- 21 legislative days between now and the to guarantee patients even the most antee that the routine costs of partici- August recess. We have about 15 legis- basic protections. This is not rocket pating in these lifesaving trials are lative days when we come back from science. It is long past time for this covered. the August recess. We have fewer and Congress to stop protecting HMO prof- The Clinton administration an- fewer days with which to resolve these its and start protecting patients’ nounced yesterday that Medicare will differences. The time has come now to health. cover the medical costs for senior citi- simply take what has been passed in The House passed a strong bipartisan zens participating in clinical trials. theHouse, pass it in the Senate, add it bill last year to give patients the Congress should demonstrate equal to this bill, get it to the President, and rights they need and deserve. It has the leadership and do the same for all pa- send a clear message that our commit- support of more than 300 leading orga- tients. ment to resolving these issues could nizations representing patients, doc- The House-Senate conference has not be stronger. tors, nurses, working families, small made almost no progress on issues of Our commitment has not eroded. We businesses, religious organizations, and vital importance to patients across are determined to deal with this issue many others. America. The slow pace is unaccept- this year on a bipartisan basis. We join The House bill has overwhelming bi- able. After many weeks, despite the with our House colleagues in address- partisan support. One in three House rhetoric from the Republican con- ferees, only two issues have been set- ing the issue in a comprehensive way. Republicans voted for this legislation. tled. They were virtually identical in That is what this amendment does. President Clinton would sign that bill both bills. While there seems to be con- That is why we hope on a bipartisan today, this afternoon. Unfortunately, ceptual agreement on a few more provi- basis we can make an unequivocal the Republican leadership in Congress sions, we have yet to reach agreement and the Republican conferees appear to statement about our commitment for on the actual legislative language. The have no intention of reaching a con- resolving this matter first and fore- critical issues of holding health plans most in this context today. ference agreement that can be signed responsible for their actions and assur- I am deeply appreciative of the ex- into law. ing that every American with private We have repeatedly asked the Repub- traordinary leadership provided, once insurance is protected have not even lican conferees to produce an offer on again, by the senior Senator from Mas- been discussed seriously. sachusetts. No one has committed the critical issues that need to be re- Staff of the Republican conferees more time and effort and has dem- solved such as whether all patients will have provided proposals that they por- onstrated more leadership on an issue be protected by the reforms and wheth- tray as a step towards consensus. than he. On behalf of the entire Demo- er patients can sue for injuries caused Those who support genuine patient cratic caucus, I am extraordinarily by HMO abuses. Republican staff sub- protections on both sides of the aisle grateful to him, appreciative of his mitted a document on Sunday night are committed to making real progress leadership and his determination to re- which they claim is a starting point, towards a successful resolution of the solve this matter in a successful way but it falls far short of what is needed differences between the Senate bill and before the end of this session of Con- to start a serious discussion. That isn’t the bipartisan House bill. However, the gress. only our opinion. That happens to be GOP proposals fall far short of what is I yield the floor. the opinion of the principal Republican needed to give patients the protections The PRESIDING OFFICER. Would sponsors in the House of Representa- they need. With a minor exception, yield time? tives. their proposal would essentially main- Mr. DASCHLE. I yield such time as We continue to hope that the con- tain the current gaping loophole that the Senator from Massachusetts de- ference can be productive, but so far it allows so many health plans to escape sires. has been an endless road to nowhere. responsibility when they make deci- Mr. KENNEDY. Mr. President, I yield The clock is ticking down on the cur- sions that cause injury or death of the myself 12 minutes. rent session of Congress. It is time to patient. At the outset of this debate, I express take stronger action. Make no mis- The Republican author pretends to my sincere appreciation to the leader- take, we want a bill that can be signed indicate a sudden willingness to hold ship on both sides, particularly on our into law this year. There is not much health plans accountable in some cir- side, Senator DASCHLE, as well as to time left. We need to act and act now. cumstances, but the American people Senator LOTT, to permit an oppor- The gap between the Senate Repub- would be shocked to see the details of tunity to vote on a matter which I lican plan and the bipartisan legisla- this proposal. It is a sham. It is little think is of central concern and impor- tion enacted by the House in the Nor- more than a slap on the wrist for HMOs tance to families all across this coun- wood-Dingell bill is wide. And the in- that refuse to comply with the law. It try. I think the timing of this is enor- transigence of the Republican con- does nothing to address the vast major- mously significant for the reasons we ferees is preventing quality progress. ity of cases in which patients are in- will point out in the time available The protections in the House-passed jured or killed because of the health this afternoon. bill are urgently needed by patients plan abuses that arbitrarily deny or The American people have waited across the country, yet the Republican delay needed care. more than 3 years for Congress to send leadership is adopting the practice of It is riddled with restrictions and the President a Patients’ Bill of Rights delay and denial that HMOs so often limitations. It would protect employers S4790 CONGRESSIONAL RECORD — SENATE June 8, 2000 from liability when they were the ones medical decisions will be made by doc- basically saying let’s pass the House- who made the decisions that led to in- tors and patients, and not insurance passed bill. We are now in conference. I jury or death. In countless cases where company accountants. am somewhat resentful of some of the persons were injured or even killed by The amendment establishes impor- statements that were made by our col- the wrongful actions of their health tant protections for all patients, in- leagues. They said the conference was a plan, there would be no remedy. cluding coverage for emergency care at charade. Tell that to the members of It would force patients to go through the nearest hospital, access to needed the conference who have worked, Mem- an external appeals process, even if the specialty care, transitional care for bers and staff, over 400 hours this disputed benefit could no longer help certain patients, direct access to ob- year—probably more time spent in this the patient because the injury was irre- stetrical and gynecological care, cov- conference than any other conference, versible or because the patient has erage for routine costs of life-saving maybe, in years. died. clinical trials, prohibition of improper They said there is intransigence on Our amendment requires patients to HMO financial incentives and HMO gag the part of the Republicans. Not so. Re- exhaust the external appeals process clauses on physicians, and many other publicans have made significant com- before turning to the courts, but there protections. promises and adjustments in willing- is a key exception that allows patients It establishes a fair, prompt, inde- ness to try to see if we cannot close the who have already been harmed, or the pendent appeal process for all decisions gap on two extremely different bills. family members of those who are involving medical judgments. It holds The House passed a bill called the Nor- killed, to go directly to the court. Few, health plans accountable by holding wood-Dingell bill. Now we have Sen- if any, patients would ever be helped by them liable in cases where patients are ator KENNEDY saying, we don’t care the Republican proposal. It gives the injured or killed by HMO abuses. It what is going on in the conference, appearance of a remedy without the re- protects employers from liability, with let’s just pass the House bill. He tried ality. an exception only if they actually par- to pass it before in the Senate. It was The Republican proposal on the scope ticipate in the decision that results in not successful. I doubt he will be suc- of the patient protections is another injury or death in the particular case. cessful today. As a matter of fact, if he smokescreen. It does nothing to pro- It prohibits punitive damages if the did not have this amendment on the vide realistic guarantees for any indi- HMO follows the recommendation of floor today, we would probably be in vidual not covered by the original Sen- the independent reviewers. conference, trying to work out some of ate Republican bill. In fact, the pro- The Senate stands, today, at a major the differences. posal would reduce current protections crossroad for millions of patients So we really have to ask ourselves, for millions of Americans in many across this Nation. We have an oppor- are the Democrats interested in an HMOs by explicitly preempting State tunity to provide long-overdue protec- issue or political theater—and that is exactly what this is. This does not laws. The result is that teachers, farm- tions for all Americans in managed change a thing. Senator KENNEDY a ers, firefighters, police officers, small plans. We have an opportunity to hold couple of weeks ago said, ‘‘I am just business employees, and many others HMOs accountable for their abuses. For going to warn you, maybe I’ll have to would be turned into second-class citi- the first time, the Senate has the op- take it to the floor.’’ I said, fine, you zens with second-class rights. portunity to vote on the bipartisan Here is the list: 23 million to 25 mil- compromise that passed the House are going to find out the House can probably pass Norwood-Dingell again lion State and local employees. These overwhelmingly last year. and it will not pass the Senate. Does are the teachers, these are the fire- Last October, the House passed the that help resolve the differences? I fighters, these are the police officials, Patients’ Bill of Rights. Month after don’t think so. these are the nurses, these are the doc- month after month, the Senate has re- fused to give patients across the Na- We made an offer. I heard some com- tors. They are effectively excluded ments made: Well, that offer was a cha- from the GOP coverage. Not so under tion the protections they deserve. Today, at long last, the issue is out of rade; or it wasn’t any good, or didn’t the Norwood-Dingell proposal. I don’t mean anything. We made some com- know why they want to have second- the back rooms where it has been stalled for so long. The issue is in the promises. The only thing we have class citizens with second-class rights heard back—we didn’t get a written re- for those individuals. All Americans open, and it is time for the Senate to vote. sponse. All we heard is verbally, it did deserve protection against HMO not do very much. abuses. No patient should be denied I withhold the remainder of our time. The PRESIDING OFFICER. Who Wait a minute, we have done a lot. If adequate protection because of where yields time? you are interested in patient protec- they live or where they work. The minority has used 24 minutes. tion, we have done a lot. We have The Republican claim that they have Mr. DASCHLE. Mr. President, I des- agreed that everybody who has an em- offered a serious compromise rings hol- ignate the distinguished Senator from ployer-sponsored plan would have an low for the millions of patients across Massachusetts as my designee for pur- external appeal. If they are denied this country who deserve protection for poses of managing the remaining time. health care by their HMO, they have an their rights, their health, and their The PRESIDING OFFICER. Who external appeal, an independent appeal lives. We are committed to passing a yields time? decided by physicians, that would be bill that protects all patients. At this The Senator from Oklahoma. binding. If for some reason the HMO point, the conference does not seem to Mr. NICKLES. Mr. President, I yield would not agree to that binding deci- be willing to produce a bill that will do myself 5 minutes. sion, they could be sued. the job, so we intend to pursue other The PRESIDING OFFICER. The Sen- Let me read to you Senator KEN- options to enact these critical protec- ator is recognized. NEDY’s comments in the beginning of tions. Mr. NICKLES. Mr. President, I wish the discussion. This is Senator KEN- President Clinton has repeatedly to respond to my colleague, first to say NEDY: urged the conference to complete work I very much regret our colleague from I think the overriding issue—and others on a strong bill he can sign into law. Massachusetts is bringing this amend- have spoke about it, is really whether we are That bill should include the key provi- ment to the DOD authorization bill. I ultimately going to have the important med- sions of the Norwood-Dingell measure. heard the minority leader say we want ical decisions which affect families in this It should not be delayed by controver- to pass the DOD bill, but there is cer- country made by the doctors and by the fam- sial and unrelated tax or other pro- ilies and the medical professionals, or wheth- tainly no evidence of that when you in- er they will be made by a bureaucrat. That posals. troduce this bill, totally extraneous to is really the heart of it. There are other pro- Our amendment contained the House- DOD, campaign finance, and other un- visions that are relevant to that and to mak- passed bipartisan consensus reforms related matters. It appears as if defense ing the basic and fundamental right a re- written by Georgia Republican CHARLIE doesn’t matter. We have an ality, but that is really the heart of the NORWOOD and Michigan Democrat JOHN unaccomplished agenda. whole situation. DINGELL. It says we are putting pa- Have we voted on these matters be- We have done that. Senator KENNEDY tients first, not HMO profits. It says fore? Yes, we have. Senator KENNEDY is said we haven’t agreed upon anything. June 8, 2000 CONGRESSIONAL RECORD — SENATE S4791 But we have agreed that doctors will We absolutely, positively should The PRESIDING OFFICER. Objec- have the ultimate decision. draw the line and say: Let’s not do any- tion is heard. Who yields time? An independent appeals process, inde- thing that does damage to the good Mr. NICKLES. I yield 7 minutes to pendent of any plan? We have agreed health care system we have. It is not the Senator from Texas. upon that. He says that is the main perfect, but we should not be passing The PRESIDING OFFICER. The Sen- thing. Now he is saying that is not legislation that is going to increase the ator from Texas. good enough. number of uninsured. We should not be Mr. GRAMM. Mr. President, under I am just very displeased, I guess, passing legislation that is going to dra- the very able leadership of Senator that language be used that there is in- matically increase the cost and make NICKLES we have worked on this con- transigence, we had no choice but to it unaffordable for a lot of Americans. ference report more than 400 hours bring this to the floor. If anybody We passed legislation in this body with more intense effort than any con- wanted to pass a bill and have it be- and the House that makes health care ference of which I have ever been part. come law, this is the last thing they more affordable. We passed tax provi- From time to time many of our col- should do. And have press conferences sions giving every American, not just leagues have said to Senator NICKLES: blasting the process. This process has those who work for a large corporation, The Democrats do not want a bill; they been open. This process has been bipar- tax benefits, tax deductions. That is want a political issue. Why don’t we tisan. This process has tried to reach positive. That is the reason we called write a bill and pass it with Republican across and bridge differences and com- our bill Patients’ Bill of Rights Plus. votes? promise. Yet they say, we don’t care We want to make health care more Our dear colleague and leader, Sen- what you have done. As a matter of affordable for all Americans. We want ator NICKLES, has said: No, I want to fact, did they offer the compromise, an to increase the number of insured try to do this on a bipartisan basis. appeals process that has been agreed to Americans. Unfortunately, the Ken- I think what Senator KENNEDY has by Democrats and Republicans? No, nedy bill, the Norwood-Dingell bill will proven today in a cynical political act they came back and said, we want the do the opposite; it will increase the is that no good deed ever goes House bill, an inferior product com- number of uninsured. We do not want unpunished. We are not here today be- pared to what we have agreed to in the to do that. We want to do the opposite. cause we are not making progress. We appeals process, far inferior. We want to help people get insurance. are here today because we are making It is the same with some of the pa- The legislation before us has no pro- too much progress. We are here today tient protections. We have strength- vision to help finance health care costs because we are on the verge of writing ened patient protections upon which for those people who do not have it. We a bill, but it is a bill that Senator KEN- we have agreed. Did they offer that? did in our bill. We had it in the House NEDY is not for. No. They want to go back to the House. bill that passed the House. Senator KENNEDY has said: If you will It is an insult to the Senate to say: We I have one other comment. The Presi- just let lawyers get into the patient have a conference, but we are not going dent said he would veto the bill that treatment room and, if you will just let to take anything from the conference; passed the House and he would veto the people file lawsuits, he will be happy. we will disregard the Senate; we are bill that passed the Senate. People say: We want to put the focus on getting just going to take the House position. The President will sign this bill. The health care, and one gets that from Any chairman of any committee doctors and not lawyers. should think about that: Yes, you are President stated he would veto the bill that passed the House, and the Presi- In an effort to accommodate and working on a conference; we will insist reach a bipartisan compromise, Sen- we adopt the other body’s position, as dent said he would veto the bill that ator NICKLES proposed allowing HMOs if it is superior. What about the other passed the Senate. Unfortunately, a lot to be sued. What does Senator KENNEDY body’s position? What about the Nor- of people are more interested in poli- say? It is not enough. Senator KENNEDY wood-Dingell bill? That is bipartisan; tics and maybe political theater and does not just want to sue HMOs, he people know it has unbelievable unlim- seeing if they can scare people. Maybe wants to sue employers. To that we say ited liability. they think that will be to their polit- We are criticized because we want to ical advantage. I very much resent no, we are not going to sue employers. exempt employers. that. Health insurance is provided on a vol- I yield myself an additional 4 min- I want to pass a good, constructive untary basis, and we do not want em- utes. Patients’ Bill of Rights bill this ses- ployers to drop their health insurance In the Senate bill, we have liability sion, this year. The sooner the better. for their workers. We are worried about against HMOs, but we protect employ- Keep out the politics. Let’s see if we millions of Americans losing their ers. Senator KENNEDY says that is not can pass a bill that has a good external health insurance. Senator KENNEDY is good enough; we want to be able to sue appeals process; a bill that does keep not worried about that; the Democrats employers. HMOs accountable. Let’s protect em- are not worried about that because As a former employer, if we make ployers. Let’s not do something that they have their plan. employers liable for unlimited punitive will increase the number of uninsured. And here it is. Do my colleagues re- damages, class action suits, the whole Let’s not do something that will dam- member this, the Clinton health care works, we are going to have a lot of age the system. I am afraid the process bill? Do my colleagues remember what employers saying: I don’t have to pro- our Democratic colleagues are pulling they wanted to do? They wanted the vide health care; I will drop it. Employ- right now is going to be very disruptive Government to take over and run the ees, here is some money; I hope you to the conference. health care system. Today, Senator will buy health insurance. I am going to pledge we will pass a KENNEDY is very worried about HMOs, Some employees will and, unfortu- bill out of conference this year, and I but let me read something about how nately, a lot of employees will not. We hope it is one both Houses will pass and their health care purchasing collec- will have a dramatic, draconian in- the President will sign that will in- tives would work in his bill with Presi- crease in the uninsured. crease patient protections for all dent Clinton. The Norwood-Dingell bill, by CBO es- Americans and also keeps health care If a patient went to a doctor and timates—and I think it is grossly un- affordable and attainable for millions asked for treatment for your sick derestimated—increases health care of Americans. child, and the doctor thought your costs, one estimate, by 4.1 percent; an- I yield the floor. child should have it, under the Clinton other estimate of the Democrat bill is The PRESIDING OFFICER. Who plan if the Government health board over 6 percent. Health care costs are al- yields time? The Senator from Nevada. ruled no, the doctor could be fined ready going up 10, 12, 14 percent. Add Mr. REID. Mr. President, I ask unan- $50,000 for providing that health care to another 4 or 6 percent on top of that. imous consent that of the time Senator your sick child. We are talking about a 16-, 18-percent DASCHLE used—he used 12 minutes—10 If you said: My baby is sick, I want increase in health care costs, and we of the 12 minutes be considered leader the health care but the Government will have millions more join the ranks time. will not pay for it, their health care of the uninsured. Mr. NICKLES. I object. bill said if the doctor provided it and S4792 CONGRESSIONAL RECORD — SENATE June 8, 2000 you paid him, he went to prison for 15 conference that I have seen since I tient protections. He may not know we years. That is their idea of HMOs they have been in Congress. He deserves bet- spent weeks on the appeals process. We like, one HMO run by the Government. ter treatment. I believe Republicans negotiated in a bipartisan fashion. That is not our idea. We reject it, and ought to be outraged about this. And I I think to refer to somebody outside we will fight it until it is dead. They am outraged. I have worked hard on the conference trashing the conference will never give up on it. They do not this conference. is a little extraneous. The conferees care if they destroy the health care We are going to produce a good prod- know that we worked in a bipartisan system of this country. They do not uct. I am happy to have people judge way to come up with the appeals proc- care if millions of people are uninsured me at the polls on it. I believe when ess. because they know how to insure them: you ask people do they want employers Ask Dr. FRIST. Ask other people who Insure them by having the Government to be sued, I think they are going to participated in the conference. To have take over the health care system. We say no. Senator KENNEDY wants them an outsider say, ‘‘Oh, we haven’t done say no. to be sued. I say no. Let the American much, it is time to pass the House In our bill, we expand coverage. We people decide in November. bill,’’ I think is disingenuous. gave tax deductibility to the self-em- I reserve the remainder of my time. Mr. KENNEDY. Will the Senator ployed. We want to give tax deduct- The PRESIDING OFFICER. Who yield on that point? ibility for buying health insurance if a yields time? Mr. NICKLES. Not on my time. company does not provide it. Why Several Senators addressed the The PRESIDING OFFICER. If the should General Motors get a tax deduc- Chair. Chair could, just to remind the Mem- tion for buying health care but your The PRESIDING OFFICER. The Sen- bers of the Senate, the time is con- family does not? We try to encourage ator from Massachusetts. trolled by the Senator from Massachu- people to buy long-term care insur- Mr. KENNEDY. I yield myself half a setts and the Senator from Oklahoma. ance, so we make it tax deductible. Who yields time? minute. Mr. KENNEDY. I yield 5 minutes to We want to give people choices, so we Mr. NICKLES. Will the Senator yield have medical savings accounts. Yet in the Senator from Maryland. for a moment? Ms. MIKULSKI. Mr. President, I rise this legislation before us, there is not Mr. KENNEDY. Yes. to support Senator KENNEDY and my one mention of tax deductibility for Mr. NICKLES. Mr. President, I ask colleagues in moving forward on this health insurance, not one mention of unanimous consent that the minority issue on a very strong Patients’ Bill of expanding coverage, not one mention leader’s statement be charged against Rights. of expanding freedom by letting people his leadership time, and I ask that my In the debate the question was, Do use tax-free money to buy health insur- statement be charged against our lead- you remember the Clinton plan? I sure ance. Why not? What does Senator er’s time. do. I remember it with fondness. I wish KENNEDY have against the self-em- The PRESIDING OFFICER. Is there we had passed it because we would not ployed getting the same treatment as objection? be in this mess that we are in today. General Motors, or people who do not Without objection, it is so ordered. When the Clinton plan was before the work for an employer that can provide The Senator from Massachusetts. Senate, they said: We can’t pass it. It health insurance getting a tax deduc- Mr. KENNEDY. I yield myself 30 sec- is going to create a big bureaucracy. It tion? We know why he has against it. onds, and then 5 minutes to Senator is going to shackle the decisionmaking He does not want people to spend their MIKULSKI. by physicians. And it is going to lead money on health care. He wants the Mr. President, we know a stall when to rationing by proxy. Government to spend the money for we see one. This conference is a stall. What do we have now with this mess them. That is what this issue is about. And we know when we are on an end- that we are rendering in the delivery of As much as we have tried to write a less road to nowhere. That is where we health care? This plan, the way health bipartisan bill, unfortunately, this is are. It isn’t the Senator from Massa- care is being given in this country now, an election year. We are proving it chusetts saying it. It is here. It is the was created by a group called the Jack- right here on the floor of the Senate. Republican principal leader in the son Hole group. It might have been cre- We are going to reject this amendment, House of Representatives, CHARLIE ated by the Jackson Hole group, but and I hope we will come to our senses. NORWOOD, I say to the Senator. He is for most patients they go through a I hope that we will go back into con- the one who is saying it: black hole trying to get the medical ference and write a bill and bring it to ‘‘The Senate had eight months to develop a treatment they need. the floor, a bill that does not allow em- concise alternative to the House liability Where do we find ourselves? Doctors ployers to be sued, a bill that holds proposal,’’ says NORWOOD, ‘‘and if all they unionizing, hospitals closing, and the HMOs accountable, a bill that lets peo- have to show is a three page staff-level letter American people up in arms. There is a ple buy health insurance with tax-free that could mean anything and everything, reason for this. This is because our de- dollars, and then let Senator KENNEDY it’s impossible to take this conference proc- livery system has turned into a bureau- ess seriously.’’ vote no. But I believe that America cratic-rationing-by-proxy nightmare. will vote yes. And this is about choices. Dr. NORWOOD is trained in the right This is why we are trying to move Senator KENNEDY protests that we profession. He is a doctor and he is a this legislation. are not making progress. We are not dentist; and he knows how hard it is to This legislation we are talking making progress in the wrong direc- pull teeth around here. That is what we about—Norwood-Dingell—passed the tion. That is what Senator KENNEDY is have been trying to do with our Repub- House in October 1999 by a vote of 275– unhappy about. We are not going to sue lican conferees. 151. That is bipartisan. The Senate employers. We are going to provide tax Several Senators addressed the moved quickly to have conferees in Oc- relief to people to buy health care. We Chair. tober. The House did it in November. are going to hold HMOs accountable. The PRESIDING OFFICER. Who But we did not have our first bipar- We are not going to let the Govern- yields time? tisan meeting until February 23. The ment take over and run health care. Mr. NICKLES. I yield myself 1 first Members’ meeting wasn’t until As for the principle of compromise, I minute. March. So I am very frustrated by the am willing to compromise and go part The PRESIDING OFFICER. The Sen- slow and stodgy pace of these delibera- way, as long as we are going in the ator from Oklahoma. tions. right direction. But I do not have any Mr. NICKLES. For the information of Our progress has been minimal and interest in compromising, in going part my colleague, Dr. NORWOOD is not on meager. The snail’s pace of the con- way in the wrong direction because this conference. Dr. NORWOOD may or ference leads me to conclude that un- that means we have further to go in may not know that we worked very less we act quickly, we are not going to going in the right direction. hard to come up with the appeals proc- have time in this session. I congratulate the chairman of this ess to which we basically have agreed. It is high time we deal with this conference. He has done a great job. He Dr. NORWOOD may or may not know issue. No more delays. No more par- has provided the best leadership on any that we agreed basically on a lot of pa- liamentary derailment. It affects the June 8, 2000 CONGRESSIONAL RECORD — SENATE S4793 health care of every American who is Mr. NICKLES. Mr. President, I yield third goal being a corollary of that, to in a managed care plan. They want us 7 minutes to the Senator and doctor have the decisionmaking back in the to take action. They want us to take it from Tennessee. hands of physicians working with their now. The PRESIDING OFFICER. The Sen- patients. That can be achieved in the But while this is not about political ator from Tennessee. very near future if we forget this stunt, posturing, this is about people in pain: Mr. FRIST. Mr. President, I rise in this political theater of introducing the 57-year-old man with prostate can- opposition to the Daschle-Kennedy amendments to be debated over a cou- cer whose HMO denies him access to a amendment for a number of reasons, ple of hours that we already debated Government-approved clinical trial; but basically it has been already de- with the bill already defeated 6 months the 35-year-old mom who had a stroke bated and defeated by this body after a ago. and whose employer switched plans in week of discussion and debate. And it Why is this bill so bad? Why is the the middle of her rehab so she cannot will be defeated today. amendment before us so disappointing get back on her feet and back with her I do wish to make three points over to me? There are many reasons; I will family and back on her job. Think the next several minutes. No. 1, the of- address two. about the woman who has to talk to fering of this amendment today, I do No. 1, let’s come back to the indi- three insurance gatekeepers before she believe, all of a sudden, puts it in polit- vidual patient. It just may be that you gets to see her OB/GYN. ical theater, almost in a stunt-like en- fall into that category where your When we embarked upon this, I said vironment as an election issue. No. 2, chances of getting your hypertension I wanted to fight for patients, not prof- this amendment is underlying, I be- treated are less under this bill or your its. Health care decisions should be lieve, a bad bill that could very nega- diabetes managed or your cancer diag- made in the consulting room by a doc- tively influence the quality of care in nosed or the leukemia of your child tor, not in the boardroom by insurance this country, and for sure it will drive treated. Why? Because under this executives. Patients need continuity of people to the ranks of the uninsured. amendment, under this bill which has care. They should have the right to re- No. 3, the bill is inadequate, as has al- been introduced today, probably some- ceive treatment that is medically nec- ready been mentioned. where around a million people are like- essary and medically appropriate, It doesn’t address the basic rights of ly to lose their health insurance today using the best practices and, yes, hold- patients. The right of access to care is by this single amendment. Will it be ing their health insurance plans ac- not addressed. you, or will it be a constituent back First, I hope this is not just political countable with the right to sue, if nec- home? We need to look them in the eye theater, but I tend to think it is. It essary. and say: Are you going to be one of makes me believe some people simply The Norwood-Dingell plan essentially those million people who, because of don’t want a bill. They want to politi- gives us an external appeals process be- the amendment voted upon today, are cize it by introducing today an amend- fore you get into court. This would re- going to lose their health insurance? ment on a totally unrelated, under- solve this. lying bill. We will see how it plays out How can I say that so definitively? It has been 8 months since the Nor- over the next couple of hours. Because we know this amendment will wood-Dingell bill passed the House of To me personally, as a physician, as cost four times what the Senate-passed Representatives. I think it is high time a Senator, as one who believes we bill will cost in terms of an increase in we move on this. I say to my col- must, can, and will, because the Amer- premiums. The estimated increase in leagues on the other side of the aisle, ican people expect us to, produce a premiums under the bill which passed we have worked so closely together in strong Patients’ Bill of Rights, what is this body is about 1 percent. Under the expanding the opportunity for medical most disappointing to me is I am afraid bill that was initially proposed by Sen- breakthroughs. I could name names as what is happening is the good faith ef- ator KENNEDY, it would go up around 4 we go around in which I worked with forts being made by this Congress, percent, four times what is provided in each and every one of you to really be where we are spending, as Senators, the underlying bill. Ask your con- able to enhance and improve NIH, and hours every day, not just over weeks stituent back home: How do you feel even double the funding in certain but months on this bill, that this is about possibly being one of those peo- areas—certainly Dr. FRIST in his work going to destroy, poison, the good-faith ple who no longer can afford their in- there; Senator SUE COLLINS and her efforts and progress that are being surance and, therefore, go without wonderful work on diabetes; and we made in the conference where we take health care? could go around; the leadership that a Senate bill that has already passed No. 2, if you think your child is get- Senator JEFFORDS has had even in con- through this body and a House bill that ting the care he or she deserves today ducting hearings. has passed that body and, in a bipar- and if you decide that they are not, Why can’t we come together to push tisan, bicameral way, develop a bill what do you really want? What you for the breakthroughs, where we have that can and will be passed this year by want is to be able to take that child to had more scientific and medical break- the Congress. a doctor and have them say, yes, we throughs in our country, so people We are making real progress in merg- will treat the child now. If they say, have the health care they need, to have ing a 250-page bill on this side and a no, you want to go to a quick appeals access to the very breakthroughs that 250-page bill on the House side. I am process, not in some courtroom 3 years the American people paid for and was afraid today’s action, the introduction later but today, shortly. If you dis- invented in their own country? of this bill, is playing politics with an agree, then you want to go to another If we are going to make the 21st cen- issue that, to me, as a physician, trans- physician unaffiliated with the plan. tury a real century of opportunity, lates down to affecting the care of indi- That is what our underlying conference then I think we need to start now with viduals, of children, of families. By bill does. ensuring that every single American doing so, we are gambling with the Unfortunately, the bill being intro- has access to the health care that is lives and the health of those individ- duced today by Senators DASCHLE and medically necessary or medically ap- uals, many of whom are barely scrap- KENNEDY has these perverse incentives propriate as mandated by their physi- ing by, barely able to afford the insur- that, instead of going through that cian. ance they have, much less able to af- process of internal appeals and exter- This is really a life and death deci- ford increased premiums which this nal appeals and an independent physi- sion. The clock is ticking. This session bill, the amendment, will clearly do. cian making a final decision, you are of Congress is closing. I hope when it is Our goal must be, ultimately, when encouraged, through incentives, to go over that we can have a bipartisan leg- someone needs care, to get the care directly to the courtroom and file a acy where we have passed a Patients’ they need and deserve in a timely way. lawsuit. We need to ask: Do you want Bill of Rights. A second goal, a goal in the con- the care you deserve when you need it I yield the floor. ference that we discuss in each of our or when your child needs it or would The PRESIDING OFFICER. Who meetings, is to get the HMOs out of the you rather spend your time in a court- yields time? business of practicing medicine; with a room weeks, months or years later? S4794 CONGRESSIONAL RECORD — SENATE June 8, 2000 In the conference bill, we have strong improve the quality of care you re- sumers and people back in our homes? internal appeals, strong external ap- ceive, not decrease that quality of care. Or do we represent just a few large in- peals, an independent physician mak- The PRESIDING OFFICER. Who surance companies who only control ing a final decision. We address quality yields time? most of these big managed care compa- of care for you and your family right Mr. KENNEDY. Mr. President, I yield nies? I think we should be on the side now. We address access to the care you 3 minutes to the Senator from Min- of the consumers and families. need now. We address timely decision- nesota. I yield the floor. making in the underlying conference The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- bill. We have those disputes settled by ator from Minnesota. ator from Maine is recognized. independent physicians, doctors mak- Mr. WELLSTONE. Mr. President, I Ms. COLLINS. I yield 6 minutes off of ing the final decision. They are the say to my colleague from Tennessee, I the manager’s time. Mr. President, I ones with the best science, the best am glad to hear him talk about in- will start by commending the conferees creasing the number of people who are medical evidence out there deciding on this legislation for their tremendous uninsured. With all due respect, I don’t medical necessity, not what is in the hard work. They have worked very hear a lot from Senators on the other original plan. hard to resolve many of the issues in- My third and final point is that this side about the need to have health se- volved in this very complex bill, and bill is inexcusably and embarrassingly curity for all Americans. That, truly, they have made tremendous progress. I inadequate. It does not cover the provi- is the unfinished agenda. find it incredible that we are not allow- Secondly, on the playing politics of sion which will be in the conference ing the conference time to complete its it, I don’t want to turn around and say bill, and that is access. Right now, work when they have, indeed, made he is playing politics with it, but peo- such progress. there are 44 million people without ple in the country are wondering how health insurance. Since President Clin- The Senate-passed bill accomplishes long they are supposed to wait. three major goals: First, it would pro- ton has been in office, 8 million people This is all about quality health care. tect patients’ rights and hold HMOs ac- have lost their health insurance net. It All of our citizens want to be covered, countable for providing the care they has gone from 36 million to 44 million not just the small number in the Re- promise. As Senator FRIST says, our while President Clinton has been in of- publican bill. All of the citizens in our legislation would get people the care fice. We must address that. country want to make sure that the The PRESIDING OFFICER (Mr. GOR- doctors are making the decision and they need when they need it. You TON). The Senator’s time has expired. there is independent review of their de- should not have to hire a lawyer and Mr. NICKLES. I yield the Senator an cisions. That is not in the Republican file a lawsuit and wait years in order to additional 2 minutes. bill. All of the people in our country get the health care you need. Instead, Mr. FRIST. The underlying con- want to make sure that when they need our bill has a quick appeals process to ference bill addresses many issues to purchase prescription drugs or they help people get the care they need which go well beyond the amendment need to see a specialist, a doctor who when they need it, without resorting to being introduced today. By voting for can give them and their children the an expensive lawsuit. the Daschle amendment today, we are best quality care possible, they will be Second, our legislation would im- basically saying these issues, which are able to do so. That is not in the Repub- prove health care quality and out- in the original Senate bill and are lican bill. comes. being discussed in conference today, We have been waiting and waiting—3 Third—and this is the critical dif- are not important: Access; provisions months, 4 months, I don’t know how ference between the two approaches such as the above-the-line deduction many months—for the conference com- being discussed today—our legislation for health care insurance costs; accel- mittee to act. With all due respect, would expand, not contract, access to erating the 100-percent self-employed people in Minnesota and people in the health care. The fact is that costs mat- health insurance deduction; expansion country want to bring some balance ter. We cannot respond to the concerns of medical savings accounts; a new back into this health care system. about managed care in a way that re- above-the-line deduction for long-term They don’t want it run by the big in- sorts to unduly burdensome Federal care insurance; a new additional per- surance companies. controls and excessive lawsuits that sonal exemption for caretakers, all of They don’t want it just run by the drive up the cost of insurance so that which make those 44 million people big managed care companies. They we cause people to lose access to health more likely to have insurance in the want us to be responsive to their con- care altogether. That is the crux of future. cerns. This is a vote about who we rep- this debate. Genetic discrimination: The prohibi- resent. Do we represent these large in- We have a growing number of unin- tion of having genetic testing be used surance companies and large managed sured Americans in this country. There against you when you apply for insur- care companies, the vast majority are 44 million uninsured Americans— ance, it is not in the Daschle-Kennedy owned by just a few large insurance the highest number in a decade. In my bill today. It is in the conference bill, companies, and increasingly home State of Maine, 200,000 Mainers the underlying bill passed by the Sen- corporatize, industrialize, and insensi- are without insurance. I have met with ate. tive medicine or do we support a health so many employers who have told me We have heard over the last several care system that is responsive to the that if the Kennedy legislation passes, months that 80,000 people a year die be- people we represent—the people back they will drop their health care plans. cause of medical errors or lack of pa- home, the mothers, fathers, and chil- They simply cannot afford to be ex- tient safety concerns. That is going to dren who want good quality health posed to endless costly lawsuits in re- be in the conference bill because it was care, who want to be able to go to the turn for providing a health care ben- in the underlying Senate bill which did doctor that will help them, who want efit. pass this body. A vote for the amend- good quality treatment when they need Just yesterday, I met with a manu- ment today is a vote that these issues it. facturer from Maine who has 130 em- should not be part of the basic Pa- That is what this is all about—pa- ployees. He is a good employer. He pro- tients’ Bill of Rights. tient protection and protection for the vides an excellent health care plan. But Let us not play politics. Let us con- caregivers, the providers, the doctors. he told me that if he is going to be ex- tinue to do what we have been doing Demoralized caregivers are not good posed to endless liability and endless over the last several weeks and caregivers. The reason the AMA and lawsuits, then he will no longer provide months; that is, advance, taking the other professionals support this is they that health insurance to his employees. 250-page bill passed here, the 250-page want to be able to practice the kind of Many other employers will respond the bill passed in the House of Representa- medicine they thought they would be same way. tives, bringing them together in a bi- able to practice when they went to So the problem is, if we pass the Ken- partisan, bicameral approach that nursing school or medical school. nedy bill, we will drive up the cost of comes back to looking that patient in Really, this is a real simple propo- health insurance that will make it fur- the eyes and saying: We are going to sition: Are we on the side of the con- ther out of reach for those uninsured June 8, 2000 CONGRESSIONAL RECORD — SENATE S4795 Americans who already can’t afford Mr. President, the significance of this It provides access to a clear internal health insurance, and we will add to debate, in my view, is this: The Nor- and external review process for denial the number of uninsured Americans be- wood-Dingell bill—the Daschle amend- of benefits. cause of employers being forced to drop ment here—is a good bill. It would pro- It holds plans accountable in the coverage. I can’t imagine that that is a vide coverage for 161 million Ameri- event of death or injury. result we want. We should be seeking cans, as opposed to the 48 million A key issue in this debate and re- ways to expand access to health insur- Americans covered by the Republican flected in several parts of the Daschle ance, not imposing additional costs and Senate bill. The beauty of what is hap- amendment is who decides: Is it the new burdens that make it even more pening here today is that if the Senate doctor in consultation with the patient difficult for employers—particularly were to enact this bill, to pass this bill, or is it an HMO bureaucrat, a green small businesses—to provide this im- we would have health care reform in eyeshade? Under this amendment it is portant benefit. the United States. The bill would go di- the medical expert who knows the pa- Mr. President, let me also comment rectly to the President, it would be tient and who decides, not the plan. on the scope of this bill. Time and time signed, and the job would be done. This means that doctors decide which again, I have heard our colleagues on Instead, the concern of many of us is drug works best; doctors decide which the other side of the aisle say, oh, this that this is simply not going to hap- treatment is appropriate; doctors de- bill doesn’t protect millions of Ameri- pen. And we have a chance to make it cide when specialty care is needed; doc- cans. The fact is that every single happen today. I contend that no one tors decide how long someone will stay American who is under an employer should go out there and say they are in the hospital. plan, under our legislation, would have for health care reform and not vote for For example, this amendment re- the right to an appeals process as set a bill that has the opportunity to be- quires health plans that have forth in this bill. And that applies come a reality. That bill is the House- formularies to cover drugs that are not whether or not the plan is under a passed Norwood-Dingell bill, and we on a plan’s formulary, if the doctor be- State regulation or in a State self- have that chance today. lieves the non-formulary drugs are funded plan. That appeals right—which After the consideration of the bill on medically necessary. It also requires is the heart of our legislation, the sin- the floor last year, I went to Cali- plans to refer patients with a serious or gle most important reform to ensure fornia. California has the largest pene- complex illness to a specialist for care. that people get the care they need tration of managed care in the Nation. If a patient’s condition requires the use when they need it—applies across the I called together the CEOs of the big of a specialist that is not available board. managed care companies and the Cali- through the health plan, this amend- Where the legislation differs is on the fornia Medical Association. We pro- ment requires that plans cover serv- question of whether we should pre- posed four things to them—four very ices, at no additional cost, through a empt—just wipe out—the good work simple things. One of them was the def- non-participating specialist. Both pro- that State governments have done in inition of ‘‘medical necessity.’’ visions are essential for persons living the area of patient protection. States The Senator from Tennessee just with a life-threatening or chronic ill- have acted to provide specific con- said: It is important to get the HMOs ness. out of the business of practicing medi- sumer protections without any prod or Restoring medical decision-making cine. That is what I tried to do in the mandate from Congress. In fact, 47 to those trained to make medical deci- debate on the floor when the Senate States have already passed legislation sions is at the heart of this debate. bill was up—to change the medical ne- prohibiting gag clauses from being in- Doctor after doctor in my state talks cessity provisions to make sure doctors cluded in health insurance plans. about how their decisions are chal- Why do we need to preempt that good decide what is medically necessary, not lenged, countermanded, second- work? We should recognize that it isn’t insurance companies. guessed, and undermined by HMOs, to a one-size-fits-all approach, that, in- So I thought I would go to them and the point that they can hardly practice deed, a health insurance mandate in ask them to voluntarily make changes medicine. one State may not be appropriate in in how medical necessity is deter- another. For example, the State of mined, in medically necessary drugs Another important provision says Florida, which has a high rate of skin and in two other areas. There was a lot that patients can continue treatment cancer, provides for direct access to a of discussion and several meetings. The with their doctors for at least 90 days if dermatologist. That isn’t a big problem bottom line is that they are unwilling plans have terminated their contract. in my State. Yet we have other needs. to change. The bottom line is that they A plan must continue to cover treat- Each State has been able to tailor its did not come forward with a plan. ment for pregnancy, life-threatening, health insurance plan. The bottom line is I believe we are degenerative or disabling diseases and Indeed, it has been States that have going to be in this situation where diseases that require special medical been responsible for the regulation of Americans are dissatisfied with the care over a prolonged period of time insurance for over 50 years. I daresay level of managed care provided to them with the terminated provider. they have done a far better job in pro- by their plans until we pass a basic The amendment also requires plans tecting the consumers of their States law. to cover the routine costs of clinical than we would have if we turned over What law could be more basic essen- trials, costs like blood work, physician the regulation of insurance to the tially than Norwood-Dingell? Let’s charges and hospital fees. Clinical Health Care Finance Administration. look at what it does. trials are research studies of new strat- Do we really want to have Washington It assures nearby emergency room egies for prevention, detection and regulating health insurance in each of treatment for emergencies. That is treatment of diseases for which pa- the 50 States? That is what the Ken- common sense. tients volunteer. These trials often in- nedy bill would do. It provides access to specialists for volve analyzing new treatments, like There is a better way. We should patients needing specialty care. promising new drugs, for diseases such enact a Patients’ Protection Bill of In my view, that is a no-brainer. If as cancer. This provision is needed be- Rights this year. We should protect a you need it, you should get it. cause a major deterrent to participa- bill that is like the Senate bill. I am It provides access to drugs not on the tion in trials is that insurers refuse to confident that, given time, the con- plan’s formulary, if medically nec- cover the day-to-day costs. For exam- ferees will accomplish that goal. essary. ple, in the case of cancer, only 3–4 per- Thank you, Mr. President. It provides the ability to stay with cent of adult cancer patients (40,000 The PRESIDING OFFICER. Who your physician at least 90 days or until people out of 1.2 million diagnosed) are yields time? treatment is complete if a doctor ter- enrolled in cancer trials. Mr. KENNEDY. I yield 3 minutes to minates his/her contract with your Another provision of the amendment the Senator from California. plan and you require specialized care. would allow patients to go to the clos- Mrs. FEINSTEIN. Mr. President, I It provides coverage of the routine est emergency room during a medical thank the Senator from Massachusetts. costs of clinical trials. emergency without having to get a S4796 CONGRESSIONAL RECORD — SENATE June 8, 2000 health plan’s permission first. Emer- dress some of the complaints we were The PRESIDING OFFICER. The Sen- gency room staff could stabilize, screen hearing from patients and doctors in ator from Vermont. and evaluate patients without fear that California. They met several times Mr. JEFFORDS. Mr. President, I plans will refuse to pay the costs. early this year. have been in Congress now for 25 years. According to the University of Cali- I asked them to try to reach agree- During that period of time, I have sat fornia, Los Angeles, Health Insurance ment on at least four issues. on dozens of conference committees. I Policy Program: ‘‘Californians are con- One, medical necessity: Include clear am, as most people know, somewhat fused about where they should turn for language in contracts between plans towards the middle of the political help in resolving their problems and and providers on medical necessity. I spectrum. Thus, I am trying to make most are not satisfied with the resolu- suggested the language like that that I sure we don’t do something which I tion of their problems. There is a need proposed in the Senate which defined think would be so counterproductive to for a clear grievance procedure and ‘‘medically necessary or appropriate’’ the progress we want to make in the independent review of health plan deci- as ‘‘a service or benefit which is con- health care area if we pass this amend- sions to try to prevent adverse health sistent with generally accepted prin- ment. outcomes to the extent possible.’’ ciples of professional medical prac- We have made substantial progress in The Daschle amendment requires tice.’’ this conference committee. We are plans to have both an internal and ex- Two, payment of claims: Because at near agreement on all of the critical ternal review for benefit denials. The the time, 50 percent of physicians and issues: Access, liability, and scope. It review must be conducted and com- 75 percent of California medical groups has not been an easy process. pleted by a medical professional within were reporting serious delays in pay- Under the guidance of BILL FRIST and 14 days or 72 hours in the case of an ments by plans, I asked them to agree others, we have established for the first emergency. For external reviews, the on a system for promptly notifying time a principle that every American is reviewer must have medial expertise doctors when patients’ leave plans and entitled to the best medicine. That is a and a determination must be made an assurance of prompt payment of new standard. It is a high standard. It is guaranteed when it is most needed within 21 days after receiving the re- claims. Three, low premium rates: According through the process we have set up quest for a review. In the case of an to a 1999 Price Waterhouse Study, Cali- while the patient is ill. It is not as Nor- emergency, that decision must be made fornia has one of the lowest average wood-Dingell would provide, and that within 72 hours. per member premium rates per month is the best lawsuit after the patient is Senator DASCHLE’s amendment would dead or suffering from ineffective care. also allow patients to sue health insur- in the country ($120 monthly) in the Ironically, that standard which they ance plans in state courts for denials or commercial managed care market- would use for that is a lower standard delays in coverage if the internal and place. Of this, doctors receive around than certainly best medicine but one external review process has been ex- $35 for actual patient care. Payments which is generally practiced in the hausted first, unless injury or death in California are 40% less than those in area. has occurred before the completion of the rest of the country. Over 75% of medical groups are in serious financial Those who are looking at it from a the process. Plans complying with an legal perspective should recognize that external review decision would not be trouble in my state. I suggested that they develop pay- a higher standard is going to be more subject to punitive damages. Addition- ment rates to providers that are suffi- protective than the standard that is ally, employers who were not involved cient to cover the benefits provided in being advocated by the other side. Yet in a claim decision would be exempt an enrollee’s contract, rates that thus we reasonably establish in the present from such legal action. This provision are actuarially sound. draft reasonable availability of liabil- helps patients keep their health plan Four, formularies: Finally, physi- ity through the courts, including even, accountable for the decisions made cians were telling me that it is dif- under certain circumstances, punitive about their health. ficult to find out which drugs are and damages when appropriate. That is a Another key issue before us is who is are not on plans’ formularies and that step we have somewhat reluctantly covered. Under this bill, all 161 million it was difficult to get exceptions from taken, but we have done it in a way insured Americans would be protected. formularies for patients when drugs that I don’t think in any way interferes This is a vast improvement over the not on the formulary were medically with what we want to do in the bill. Senate bill which only covers 48 mil- necessary and more effective than Finally, which is very important be- lion Americans. How can we say one those on the formulary. fore I go into some other aspects, the group deserves protections and another I had hoped they could work out bet- cost of the bill that we had will be very does not? ter methods for letting doctors know small relative to that which is pro- The words of this Californian provide which drugs are on the plans’ posed by the opponent. It would be an accurate and poignant summary of formularies and to agree on a uniform probably less than 1 percent. For every the problem. Kit Costello, president of method for allowing exceptions to 1 percent that we increase the cost the California Nurses Association, said: formularies when nonformulary drugs over $300,000—this came from the AFL– Most Americans see a confusing, expensive, are medically necessary. CIO—people lose their health insur- unreliable and often impersonal assembly of There were several meetings in Janu- ance. We are looking at alternatives medical professionals and institutions. If ary and February. It is now June. Even that go up as high as 6 percent on the they see any system at all, it is one devoted other side, meaning almost 2 million to maximizing profits by blocking access, re- though there were several constructive ducing quality and limiting spending . . . all discussions, little resolution was people would lose their health care. at the expense of the patient....Who’s in reached. I will strongly support Senator NICK- charge of my care? The average American And so, without voluntary action by LES’ motion to table the amendment believes that health insurance companies the industry, legislation is all the more offered by Senator DASCHLE. Under the have too much influence and exert too much necessary. able leadership of our chairman, Sen- control over their own personal care—more I hope the Senate passes this amend- ator NICKLES, I am committed to work- than their doctor, hospital, the government ment today and sends it to the Presi- ing with the other conferees from the or they themselves, sometimes more than all dent for signature. Senate and the House of Representa- of them combined. The PRESIDING OFFICER. Who tives to find agreement on responsible Mr. President, people should not have yields time? legislation to regulate managed care to fight for their health care. They pay Mr. NICKLES. Mr. President, what is plans. But any new protections cannot for it out of their monthly paycheck. It the time remaining? significantly increase the cost of should be there for them when they The PRESIDING OFFICER. The Sen- health coverage and cause more Ameri- need it. ator from Oklahoma has 37 minutes; cans to become uninsured. Last fall, after the Senate completed the Senator from Massachusetts has 34. The House-passed legislation, which consideration of the HMO bill, I con- Mr. NICKLES. Mr. President, I yield Senator KENNEDY is attempting to add vened a group of HMO officials and to the Senator from Vermont 7 min- to the Department of Defense reauthor- health care providers in an effort to ad- utes. ization bill, mandates that the Health June 8, 2000 CONGRESSIONAL RECORD — SENATE S4797 Care Financing Administration enforce States have taken the lead in providing the state-regulated insurance market and the new insurance standards in those needed regulation of managed care entities. threaten the viability of the markets and States that decide not to adopt the The reforms at the state level have enjoyed any reforms associated with these markets. bi-partisan support and have been successful. These proposals undermine HIPAA by cre- Federal laws. To date, 23 States have If states had the ability to provide these pro- ating incentives for healthy groups to leave refused to enact one or more of the pro- tections to people who receive their health the state-regulated small group market, only visions contained in the Health Insur- care benefits from self-funded ERISA plans, to return when someone becomes ill. This in- ance Portability and Accountability we would surely have done so. We have asked centive for adverse selection would be disas- Act and its amendments. For almost for the privilege on many occasions. trous, compromising state reforms and rais- half the country, HCFA is the agency Today we see federal legislation that will ing health care costs for many small firms largely preempt these important state laws and individuals. that consumers must turn to for help Fraud and abuse. MEWAs have become no- in enforcing these new Federal insur- and replace them with federal laws that we submit the federal government is ill-pre- torious for their history of fraudulent activi- ance mandates. The House-passed bill pared to monitor and enforce. None of them ties. The House-passed bill would undermine would continue this pattern and accel- would provide additional resources to the federal legislation that specifically gave erate the creation of a dual system of U.S. Department of Labor or to the U.S. De- states the authority to oversee MEWAs. A overlapping State and Federal health partment of Health and Human Services to policy adopted because federal regulation insurance regulation that will only hire and train staff to implement the many had proven ineffective in preventing abuses. complex provisions of these bills. Under the proposed legislation, many cause confusion for consumers and in- MEWAs could become exempt from state efficiency for plans. PREEMPTION OF STATE LAWS AND STATE regulation by becoming federally certified as The National Conference of State REGULATION OF MANAGED CARE ENTITIES Association Health Plans (AHPs). The pro- Legislatures (NCSL) agrees with me on It is widely believed that the pending legis- posal does not provide sufficient protections this important point. In NCSL’s action lation creates a federal floor and would not for employees and employers against victim- preempt state laws that are more protective policy on managed care, they state: ization by unscrupulous plan sponsors. of consumers. We are not certain that is Mr. JEFFORDS. Mr. President, [T]he Senate-passed version of the ‘‘Pa- true. Unless state legislatures adopt legisla- tients’ Bill of Rights’’ generally preserves tion that mirrors the federal legislation, Vermont has passed many of the con- the traditional role of States as insurance state insurance commissioners would not be sumer protections contained in the two regulators, and focuses most of its attention authorized to continue to regulate managed bills. However, it has not enacted all. on the federally regulated, self-funded care entities under any preempted state As Vermont’s employers struggle with ERISA plans. laws. In come cases ironically, state insur- 20-percent to 30-percent premium in- In sharp contrast to their support for ance commissioners would be unable to en- creases, and the State adjusts to the the Senate bill’s applicability, they be- force existing state law that would have af- departure of a major carrier, the Gov- lieve the Norwood/Dingell bill: ‘‘[W]ill forded these same individuals needed protec- ernor and the State legislature have largely preempt these important State tions. As a result, after passage of the fed- agreed to a moratorium on the passage eral legislation, the regulation of managed of additional consumer protections. laws and replace them with Federal care entities could be largely a federal affair. laws that we submit the Federal Gov- Again, we believe the current federal infra- Under the House approach, the ernment is ill prepared to monitor and structure for the oversight and enforcement Vermont legislature’s decision would enforce.’’ The National Conference of of health insurance regulations is inad- be overridden, and they would be forced State Legislators goes on to say: equate. The federal government will not be to pass additional congressional insur- ‘‘[T]he Federal Government will not be able to deliver on the promise and may very ance mandates. We in Congress cannot able to deliver on the promise and may well prevent states from delivering on theirs be working at cross-purposes with re- very well prevent States from deliv- regarding patients rights. spect to our States, which are best po- ering on theirs regarding patient ACCESS TO HEALTH INSURANCE PROPOSALS sitioned to understand the needs of the rights.’’ NCSL strongly opposes proposals that ex- local health care markets. This is not Mr. President, I ask unanimous con- empt association health plans (AHPs), an issue of States’ rights—it is an issue Health Marts and certain multiple employer of who is best situated to determine sent to have the full text of the Na- welfare arrangements (MEWAs) from critical tional Conference of State Legislatures what’s right for our States. state insurance standards. These proposals On Sunday, House and Senate Repub- policy statement be printed in the would permit more small employers to es- lican staffers offered new proposals on RECORD. cape state regulation and oversight through managed care legislation in the key There being no objection, the mate- an expansion of the ERISA preemption. areas of liability, scope, and access. rial was ordered to be printed in the States have tailored their health care re- The offer would provide for a new Fed- RECORD, as follows: forms to fit local health insurance markets and to address the concerns of local con- eral cause of action in ERISA to allow ACTION POLICY, MANAGED CARE REFORM sumers. for lawsuits for failure to comply with NCSL supports both the establishment of The impact on federal insurance reforms. the decision of the independent med- needed consumer protections for individuals The federal government, through the enact- ical reviewer. receiving care through managed care enti- ment of the Health Insurance Portability On the issue of scope, the Republican ties. We also support the development of and Accountability Act of 1996 (HIPAA), conferees offer the new protections public and private purchasing cooperatives made an effort to stabilize and improve con- and other innovative ventures that permit sumer protections (through state regulation) would be extended to ‘‘all 193 million individuals and groups to obtain affordable of these markets. Enactment of AHP/MEWA Americans covered by health insur- health coverage. We strongly oppose preemp- provisions in any form would undermine ance.’’ We believe that this should be tion of state insurance laws and efforts to these efforts. We are particularly concerned achieved through a combination of expand the ERISA preemption. The appro- about: (1) the impact on state small group Federal and qualified State protections priate role of the federal government is to: and individual insurance markets; and (2) that takes into account a consider- (1) ensure that individuals in federally-regu- the opportunity inadequate regulation pro- ation of market composition and fee lated plans enjoy protections similar to vides for fraud and abuse. These concerns are for services issues. We have yet to hear those already available in most states; (2) es- in addition to our larger concerns about the tablish a floor of protections that all individ- back from the Democrats on our offer. ability of the federal government to ade- I don’t underestimate the difficulty uals should enjoy; and (3) to provide ade- quately regulate an expanded health insur- quate resources for monitoring and enforcing ance market. of our task—especially in the three federally-regulated provisions. The Senate- The impact on state insurance markets. critical areas of the external appeals passed version of the ‘‘Patient Bill of Recent state reforms have guaranteed small process, the appropriate remedies when Rights,’’ generally preserves the traditional employers access to health insurance and the external appeals process fails, and role of states as insurance regulators, and fo- have made coverage more affordable for the scope of the legislation. cuses most of its attention on the federally many small businesses by creating large in- Fortunately, we can, I believe, pro- regulated, self-funded ERISA plans. Individ- surance rating pools. These large pools as- vide the key protections that con- uals who receive their health care through sure that all small firms can obtain coverage sumers want at a minimal cost and these plans have not benefited from the state at reasonable rates, regardless of the health laws enacted to provide needed protections of their employees. The success of these without disruption of coverage—if we for individuals who receive care through state small group reforms, however, depends apply these protections responsibly and managed care entities. It is appropriate and on the creation of a broad base of coverage. where they are needed—without adding necessary for the Congress to address the By expanding the exemption provided in significant new costs, increasing litiga- needs of these individuals. ERISA, the House-passed bill would shrink tion, and micro-managing health plans. S4798 CONGRESSIONAL RECORD — SENATE June 8, 2000 Our goal is to give Americans the which I urge my colleague to support— they will have to eliminate the kind of protections they want and need in a is incredibly sound and sensible. It health care they have. That is a big package that they can afford and that gives people the kind of protection employer with a lot more capability we can enact. This is why I hope we they want. than the small employers. will be successful in our efforts to de- Senator FRIST understands well that We cannot derail a process that is velop a conference committee report a child needs a pediatric cardiologist; working, a process that worked for our that provides a true Patients’ Bill of an adult needs an adult cardiologist. country for years and years and years, Rights, which can be passed and signed An adult’s fist is not the same as a one that solves difficult problems such into law by the President. child’s fist. They require different as this, one that brings into consider- The PRESIDING OFFICER. Who kinds of surgery. In the bill the other ation all of the parts of this vast coun- yields time? side proposes, that would not be pos- try—not just a solution that a few peo- Mr. KENNEDY. Mr. President, I yield sible. They could not go out of their ple in Washington came up with. We to the Senator from West Virginia 3 plan to get that kind of help. In our have to get the opinions of the people minutes. bill they could. of this country included in the bill. The PRESIDING OFFICER. The Sen- That is an example of the kind of at- Mr. President, I’m more than a little ator from West Virginia is recognized. tention we placed in this amendment. surprised that in response to a first- Mr. ROCKEFELLER. Mr. President, I I urge my colleagues to support the time-ever Republican offer on a Pa- thank the Senator from Massachusetts. bill we have before the Senate. It is tients’ Bill of Rights to expand liabil- I thank the Presiding Officer. much better for the American people. ity and scope, the Democrats have The American Medical Association Mr. NICKLES. I yield 3 minutes to walked away from the table. That’s an says: the Senator from Wyoming, a member incredible counter-productive reaction The AMA strongly supports attaching the of our conference who also has addi- to a giant step towards compromise. Norwood-Dingell patients’ of rights bill to tionally been a small businessman and This conference has been long and the DOD reauthorization bill. Patients and former mayor. time-consuming, but it is working. physicians have worked for more than half a There is not a single reason why we decade on a bill that protects patients. Now Mr. ENZI. Mr. President, I am dis- turbed at this attempt to derail a con- should abandon a process that is work- is the time to make it law. ing. Yet, politics is being invited in, They further say: ference committee that has been work- ing months on end. If this bill were and I think the majority of us are here The Republican counterproposal put for- to highlight why that’s such a terrible ward on June 4 was unacceptable making it easy, we would have done it in a few minutes. If this bill were easy, both mistake. Conference committees are an little better than the HMO protection act important part of process—for our passed by the Senate last summer. The bill versions would be the same. was a sham. We have a system of government that country. It should be. For example, the biggest town in just one Wyoming That is the American Medical Asso- is based on both bodies considering, to county—which is the size of Con- ciation. their greatest capability, every prob- I listened to my colleagues, all of lem. When legislation is different on necticut—doesn’t have a hospital, doesn’t have an emergency room. whom I have enormous affection for, one side from legislation on the other Among the handful of principles that and they know I respect them. I work side, there is a conference committee. are fundamental to any true protection This conference committee has prob- with them on many things. As they de- for health care consumers, probably ably put more time into trying to re- scribe the conference process, I can’t the most important is allowing states solve the issues, rather than to jam one really believe what I am hearing, be- to continue in their role as the primary side against the other, trying to get an cause I have been in that conference. regulator of health insurance. What I am hearing on the floor and understanding of what is trying to be This is a principle which has been what I heard in the conference is two achieved and reach a conclusion that recognized—and respected—for more entirely different worlds. incorporates both bills. There has been than 50 years. In 1945, Congress passed I would like to expand on that, but I a lot of progress. the McCarran-Ferguson Act, a clear ac- don’t have the time. But we have asked The amendment before the Senate knowledgment by the Federal Govern- for proposals. We haven’t gotten pro- does not include the compromises that ment that States are indeed the most posals. We should not be in the busi- have been made to date, some very im- appropriate regulators of health insur- ness of suing HMOs or corporations. We portant ones. This bill has a big city ance. It was acknowledged that States said we wouldn’t do that. Senator KEN- approach to it. Wyoming doesn’t have are better able to understand their con- NEDY said it many times. Congressman any big cities. Our biggest city is 50,008 sumers’ needs and concerns. It was de- DINGELL said it many times. If you people. I have one city in Wyoming, the termined that States are more respon- want to write the language which says biggest city in a county the size of sive, more effective enforcers of con- that corporations cannot be sued under Connecticut, and they don’t have a sumer protections. this bill, we will accept the language. hospital or emergency facilities. They As recently as last year, this fact was We don’t want to sue corporations un- drive themselves in an emergency an re-affirmed by the General Accounting less they themselves intervene in the hour to get to a doctor. Office. GAO testified before the Health, decision which produces death or in- What works in Massachusetts won’t Education Labor, and Pensions Com- jury. What could be clearer than that? work in Wyoming. The bill has to serve mittee, saying, ‘‘In brief, we found that To listen to the argument from this both areas. It has to serve the cities many states have responded to man- side, one would think it was something and the rural areas. We have to have aged care consumers’ concerns about entirely different. This is reduced to a compromises to do that. We can’t force access to health care and information political discussion. As Democrats, we one method on everybody. That is what disclosure. However, they often differ feel passionately about the Patients’ happens if we go to the bill that the in their specific approaches, in scope Bill of Rights and want 161 million House passed. We have been getting and in form.’’ Americans or more to be covered by some things in that meet the needs of Wyoming has its own unique set of this, rather than the 48 million which the small retailer, that meet the needs health care needs and concerns. Every would be covered by the present Senate of the small communities that are iso- state does. For example, despite our bill. We want them, first, to have cov- lated. We have some things in the bill elevation, we don’t need the mandate erage if the bill passes; and second, if that take care of the patients. regarding skin cancer that Florida has the bill doesn’t pass, to know so that It isn’t just going to effect the small on the books. My favorite illustration there could be created a ground swell businesses. My staff was talking to of just how crazy a nationalized system for future action over who is account- Pitney Bowes. Their health care person of health care mandates would be able. It is accountability not only for is not just an average guy. He was the comes from my own time in the Wyo- HMOs, but it is accountability for personal physician to President Ford. ming Legislature. It’s about a mandate Congresspeople on both sides. Now he is administering one of their that I voted for and still support today. Our Patients’ Bill of Rights—basi- numerous health plans. He has said if You see, unlike in Massachusetts or cally, the one that has been introduced the Norwood-Dingell version passes, California, for example, in Wyoming we June 8, 2000 CONGRESSIONAL RECORD — SENATE S4799 have few health care providers; and years after HIPAA’s enactment, HCFA Democrats have given no formal, sub- their numbers virtually dry up as you continues to be in the early stages of stantive response, just rhetoric and po- head out of town. So, we passed an any fully identifying were federal enforce- litical jabs in the press. It is absolutely willing provider law that requires ment will be required.’’ Regarding bad faith to have done so. I think it health plans to contract with any pro- HCFA’s role in also enforcing addi- would be regrettable if these continued vider in Wyoming who’s willing to do tional federal benefits mandates that public relations moves torpedo what, so. While that idea may sound strange Congress has amended to HIPAA, the so far, has produced almost everything to my ears in any other context, it was GAO states, ‘‘HCFA is responsible for we need for a far-reaching, substantive the right thing to do for Wyoming. But directly enforcing HIPAA and related conference product. I encourage all of I know it’s not the right thing to do for standards for carriers in states that do my colleagues to take the high road Massachusetts or California, so I not. In this role, HCFA must assume and support the legislative process our wouldn’t dream of asking them to many of the responsibilities under- forefathers had in mind, versus a public shoulder that kind of mandate for our taken by state insurance regulators, relations circus. sake when we can simply, reasonably, such as responding to consumers’ in- Let me share an employer story. apply it within our borders. quiries and complaints, reviewing car- Here’s another employer ‘‘real life’’ As consumers, we should be down- riers’ policy forms and practices, and story. Within the last hour, my staff right angry at how some of our elected imposing civil penalties on noncom- was on a conference call with the Med- officials are responding to our concerns plying carriers.’’ And then, the GAO re- ical Director of Pitney Bowes, a large about the quality of our health care port reveals that HCFA has finally employer that self-insures and self ad- and the alarming problem of the unin- managed to take a baby step: ‘‘HCFA ministers a Cadillac-style health plan sured in this country. has assumed direct regulatory func- for more than 23,000 employees and re- It is being suggested that all of our tions, such as policy reviews, in only tirees. All of my colleagues should local needs will be magically met by the three states that voluntarily noti- take note that this is not just any pri- stomping on the good work of the fied HCFA of their failure to pass vate citizen. Dr. Mahoney was the per- states through the imposition of an ex- HIPAA-conforming legislation more sonal physician to President Ford. Now panded, unenforceable federal bureauc- than 2 years ago.’’ he’s administering one of numerous racy. It is being suggested that the Is this supposed to give consumers health plans that this amendment American consumer would prefer to comfort? First we should usurp their threatens to disolve. dial a 1–800–number to nowhere versus local electoral rights or their ability to Everything from on-site medical cen- calling their State Insurance Commis- influence the appointment of their ters to on-site fitness centers to the sioner, a real person whom they’re state insurance commissioner and then educational seminars on skin cancer likely to see in the grocery store after offer up this agency as an alternative? and stress management that Pitney church on Sundays. I’m not sure I could find a single Wyo- Bowes currently offers would be jeop- As for the uninsured population in mingite to clap me on the back for this ardized. They’ve said the worst case re- this country, carelessly slapping down kind of public service. sult would be terminate the employer a massive new bureaucracy on our I could go on at length about the plan altogether. That sentiment has states does nothing more than squelch very real dangers of empowering HCFA been echoed from countless other em- their efforts to create innovative and to swoop into the private market, with ployers, from IBM to caterpillar to flexible ways to get more people in- its embarrassing record of patient pro- mom-and-pop shops. sured. We should be doing everything tection and enforcement of quality I urge my colleagues not to crush we can to encourage and support these standards. Such as how it took 10 years plans like Pitney Bowes over politics. efforts by states. We certainly for HCFA to implement a 1987 law es- Mr. KENNEDY. I yield 5 minutes to shouldn’t be throwing up roadblocks. tablishing new nursing home standards the Senator from North Carolina. And how about enforcement of the intended to improve the quality of care Mr. EDWARDS. Mr. President, I minority’s proposal? for some of our most vulnerable pa- thank all of my colleagues who are in- Well, almost one year ago this body tients. But I think the case has already volved in this conference and thank adopted an amendment that stated, ‘‘It been crystallized in the minds of many them for their hard work and certainly would be inappropriate to set federal constituents: ‘‘enable us to access qual- defer to all of them about the specifics health insurance standards that not ity health care, but don’t cripple us in of what has occurred in the conference only duplicate the responsibility of the the process.’’ and the work they have done there. 50 State insurance departments but The next, equally important issue is There are some specific issues about that also would have to be enforced by that of exposing employers to a new which I am concerned. First, it is im- the Health Care Financing Administra- cause of action under a Patients’ Bill portant for the American people to un- tion if a State fails to enact the stand- of Rights. Employers voluntarily pro- derstand that the Patients’ Bill of ard.’’ vide coverage for 133 million people in Rights means nothing unless those Yet here we are one year later where, this country. That will no longer be rights are enforceable. Under any of not only is it being suggested that we the case if we authorize lawsuits these bills that are being considered, trample the traditional, overwhelm- against them for providing such cov- there are only two enforcement mecha- ingly appropriate authority of the erage. This is basic math. If you add nisms. Without those mechanisms states with a three-fold expansion of 133 million more people to the 46 mil- working, without them being effective, the federal reach into our nation’s lion people already uninsured, I’d say the rights don’t exist because the in- health care, they still insist on having we have a crisis on our hands. In my surance companies can do anything HCFA be in charge. HCFA, the agency mind, a simpler decision doesn’t exist. they want and can never be held re- that leaves patients screaming, has We should not be suing employers. sponsible for what they do. doctors quitting Medicare, and, lest we Mr. President. Let me close by say- There are two enforcement mecha- not forget, the agency in charge as the ing that the conference has worked in nisms. First, if we have a real and Medicare program plunges towards incredible good faith, logging more meaningful independent appeals proc- bankruptcy. than 400 hours and counting. We have ess, that is an enforcement mechanism. And guess what, it looks even worse come to conceptual agreement on a bi- Second, we do for health insurance for consumers under HCFA’s ‘‘protec- partisan, bicameral basis on more than companies the same thing we do for tion,’’ according to a new report re- half of the common patient protec- every single American listening to this leased by GAO on March 31st of this tions. We have come to bipartisan, bi- debate—when they hurt somebody, we year. The model the Democrats are cameral conceptual agreement on the hold them responsible. supporting for implementing the Pa- crown jewel of both bills—the inde- There has been a lot of argument tients Bill of Rights is the Health In- pendent, external medical review proc- about lawyers, lawsuits, and HMOs. surance Portability and Accountability ess. Most dramatically, the bicameral Why in the world are HMOs and health Act, affectionately known as HIPAA. I Republicans have offered a compromise insurance companies entitled to be quote from the report: ‘‘Nearly four on liability and scope, to which the treated any differently than the rest of S4800 CONGRESSIONAL RECORD — SENATE June 8, 2000 us? When we walk out the door and later, there are no consequences. There The PRESIDING OFFICER. The Sen- with our automobile or some other way is absolutely no reason, no financial ator from New Hampshire. cause injury or death to somebody, we reason whatsoever, for the insurance Mr. GREGG. Mr. President, the Sen- are responsible for that. Everybody lis- company to do anything other than, ator from North Carolina is certainly tening to this debate can be held re- when in doubt, deny coverage because one of the finer trial lawyers who has sponsible. Why is the health insurance we can never be held responsible for come to this body in a long time. I sim- company entitled to be treated dif- that decision. ply note, on at least two of his exam- ferently? Are they a special cut above Let me give a couple of very specific ples, they were inaccurate. First, if it the rest of us? examples. A patient with adult onset was an emergency-room situation, We need real and meaningful enforce- diabetes has been on insulin, injectable there could be no denial because under ment mechanisms. The appeals provi- insulin, his entire life. The insurance our bill emergency rooms have to be sion that came out of the Senate was company—this is a real example, real- covered; and second, in the instance he not truly independent because the in- life example—— just described about the child, which surance company had control over the The PRESIDING OFFICER. The time was a compelling incident, unfortu- people who made the appeals decision. yielded to the Senators has expired. nately he failed to mention in our bill Mr. KENNEDY. I yield 2 more min- Something has to be done about that; we require that the reviewer be a med- Otherwise, there is no independent ap- utes. Mr. EDWARDS. The insurance com- ical person who has expertise in the peal. That issue, as I understand it, has pany says: You can take oral medica- discipline and in the area where the not been resolved. If it is not resolved, tion; you don’t need insulin. He ap- person is claiming to have received in- the appeals process means nothing. It peals. During the time the appeal is jury. is not independent. The point I do think has been made The other issue I want to talk about being considered, 3, 5, 7 days, he has a stroke and goes blind. by the Senator from North Carolina, is holding HMOs accountable for what Then the independent review says: Of and has been made by a number of they do or do not do, treating them as course, he was entitled to keep his in- other Senators on the other side of the every other American citizen, every sulin. So the insurance company says: aisle, is that employers will be sued. other American business. It is impor- All right, we will provide insulin now. Employers will be sued under the bill tant to not pay too much attention to Now we have a 55-year-old man who that is being brought forward by the the rhetoric. There is lots of rhetoric has had a stroke; he is blind; he cannot Democratic membership. That is a se- in this debate. We are creating a cause work anymore; he cannot care for his rious problem. of action, a right to sue, and we just family. Where does he go? Who is going We put an offer out, an offer to the want to exempt employers from that. to help his family? The insurance com- other side, which was fairly sub- Unfortunately, the use of language pany cannot be held responsible for stantive. It may have been two pages, makes a huge difference in whether the what they did, not under this proposal. but the other side understood there patient really has a right or not. Let This language matters. It is critically was a lot of documentation behind it, me give an example. This is language important, what the language says. and in fact there were actually months that was proposed recently in the con- A young boy, Ethan Bedrick, with of negotiation relative to the appeal ference from the Republicans about cerebral palsy, 5 years old, all his doc- process behind that offer. In that offer, creating a cause of action: tors say he needs to have physical ther- we said employers cannot be sued. A new Federal statutory cause of action apy, every one of them. The insurance Why? Because when you start suing would be created in ERISA to allow for law- company says he doesn’t need it. They suits for failure to comply with the decision employers, employers drop out. They of the independent medical reviewer. appeal. The independent reviewer hap- start creating uninsured individuals. pens to be somebody who has abso- We have already heard from a number In other words, no matter what the lutely no experience with children with of major employers, and testimony has insurance company does, as long as cerebral palsy. This is a real-life exam- been given here today by Senators who they do what the independent reviewer ple. So he says: The insurance company represent States where major employ- says they have to do, they can never be is right; we are not going to give this 5- ers have informed them that they are held responsible. year old child with cerebral palsy phys- Here is the problem with that: A pa- going to drop insurance if they start ical therapy. tient goes to the hospital. They need being sued. We know small employers Where does he go? The independent will do that in droves because they emergency medical care. They call the reviewer, who knows nothing about HMO. The HMO says we will not cover cannot afford the risk of putting their children with cerebral palsy, has de- businesses through a lawsuit over med- it; we will not pay for it. The patient nied coverage. The insurance company dies as a result or is seriously injured ical insurance. has denied coverage, coverage for So this is not about suing HMOs, I for the rest of their life. Three days which his parents have been paying for later, after an appeal is filed, some say to those on the other side of the 20 years. So where does he go? For the aisle, this is about opening up lawsuits independent reviewer says, of course rest of his life he has cerebral palsy. He this was covered by the policy. So the to everybody, not only against HMOs, is contracted, bound up, can’t get the which by the way we allow to occur in insurer says: Now I will comply; I will daily physical therapy he needs, and he do what the independent reviewer says. our bill which was admitted to by the has nowhere to go. There is absolutely sign that was put up—we allow HMOs As long as they do that, under this no remedy for Ethan Bedrick. provision, they cannot be held respon- to be sued—but, more important, it is I say to my colleagues in the Senate, about suing employers. sible. what happens to this little 5-year-old Look at this chart. This chart is a re- The problem is they did the damage boy when this happens? He cannot go flection of the various elements of when they made the initial decision. If to court, not under this proposal. He what is essentially the bill the Demo- they make an absolutely egregious de- cannot go anywhere. The insurance cratic Party has brought to the floor cision, for whatever reason, no matter company has cut him off, and he has today. It is so convoluted and so com- how bad their conduct, we are not been cut off from the care he needs. plex that, literally, you would have to going to cover this care. Then, if 4 or 5 The PRESIDING OFFICER. The time spend probably a month just figuring it days later they are reversed by an inde- of the Senator has expired. pendent review, they cannot be held re- Mr. EDWARDS. I thank the Chair. out, just to figure out what it all sponsible for that original decision no Mr. NICKLES. Mr. President, how means. matter what the damage is, no matter much time remains on both sides? That is one of the reasons this con- how irreversible it is. The PRESIDING OFFICER. There re- ference has taken so long, because we It also creates a natural incentive to main 27 minutes to the Senator from have been trying to sort through all deny coverage, because, No. 1, if they Oklahoma, 24 to the Senator from Mas- the different complications. I point deny coverage, the chances are the pa- sachusetts. out, at almost every element in this tient won’t appeal; No. 2, if they deny Mr. NICKLES. I yield 7 minutes to chart, every one of these white lines, coverage and they are reversed 4 days the Senator from New Hampshire. every one of these crossing lines, every June 8, 2000 CONGRESSIONAL RECORD — SENATE S4801 one of these agencies that is being cre- passed—we will have to nationalize the While this Congress fiddles, people ated, every one of these decision proc- system. And then we will end up with a die. Yes, they die. Senator REID and I esses being placed upon the commu- system that really doesn’t work. had a hearing in Nevada. A mother nity, there is a lawsuit waiting to hap- We put on the table some fairly sub- named Susan Roe spoke up at this pen under the Democratic bill. stantive and very good proposals which hearing about her 16-year-old son, This is the attorneys annuity act. have come from months of work. I hope Christopher. Christopher is now dead. The direction the trial bar is going to the other side, rather than try to po- He died October 12, 1999. He had leu- go is to go after the employers; they litically posture during this period, kemia. Chris’s pediatric oncologist rec- are the ones who will be at risk. As a will take a hard look at them, in the ommended that he receive a bone mar- result, you will drive many people into area of scope, the area of access, the row transplant, his only hope for long- an uninsured status because employers area of appeals, and in the area of law- term survival. But before Chris could will stop running their insurance pro- suits and liability, and that we can get receive a bone marrow transplant, his grams in droves. I mean literally mil- back to the business of negotiating this cancer needed to go into remission. lions of people. conference rather than to the politics Chris’s oncologist felt that the only Why would you want to do that? I of this debate. drug available that would help him hate to be cynical about this, but I Mr. President, I yield any time I have achieve remission was a Phase III in- honestly think, if you look at the proc- remaining back to the Republican lead- vestigational drug known as B43–PAP. ess this administration has pursued er. However, this treatment he needed for over the last 8 years, they are trying to The PRESIDING OFFICER. Who a chance at life was denied him. continually raise the cost of insurance, yields time? At the hearing, Susan held up Chris- health insurance, in this country and Mr. KENNEDY. I yield to the Senator topher’s picture and told us, through make it less and less affordable, so from North Carolina 1 minute. tears, how, as her son lay gravely ill, more and more people become unin- The PRESIDING OFFICER. The Sen- he looked at her and said: Mom, I just sured, so at some point they can make ator is recognized for 1 minute. don’t understand how they could do an argument—which they have already Mr. EDWARDS. Mr. President, I say this to a kid. made—that they have to nationalize to my colleague who just argued about Yes, people die while this Congress the health care system in order to pick employers, that is another example it fiddles. This debate is about whether up all the people they have created as is so critical we look specifically to the there should be a Patients’ Bill of uninsured. language and not the rhetoric. Rights. This amendment says, among It is the old orphan argument. You Our bill at page 245 specifically ex- other things, that every patient has a know, the person who killed his par- empts employers from any liability un- right to know all of their medical op- ents goes to court and claims he should less they intervene in the process of tions, not just the cheapest. If you receive clemency because he is an or- making decisions about claims. Period. need to go to an emergency room for phan. If all they do is buy health insurance, care, you have a right to get it. The fact is, what the Democratic pro- which is what 99 percent of certainly If you stand with patients, you will posal does, and what the result of the small employers do, they cannot be support this amendment. This legisla- administration proposal has been con- held responsible. On the other hand, if tion ought to have been passed last sistently, is to create more and more they decide they are going to engage in year, but the fact is, it is locked in uninsured and then claim: Oh, my the business of deciding what claims conference. There is a giant stall going goodness, look at all these uninsured. are going to be denied, like General on. The only difference between this We have to nationalize the system so Motors or a big company that runs its conference and a glacier is that a gla- we can cover them all. In the context own plan, then they ought to be held cier at least moves an inch or two a of this bill specifically, however, the responsible. The majority of employers year. The Senator from South Dakota game plan is to create a whole new ac- cannot be held responsible at all unless and the Senator from Massachusetts tivity for the bar association, suing they intervene. and others have every right and re- employers left and right. Second, Ethan Bedrick, a 5-year-old sponsibility to bring this proposal to There is a law firm up in New Eng- boy, is a real-life example. His claim the floor of the Senate because we in- land which represents Car Talk. They was denied by the independent re- sist that this Congress take seriously are called Dewey, Cheatum and Howe. viewer. If the language we have been the need to pass a Patients’ Bill of Today, they have about three people talking about becomes law, we will not Rights. working for them, according to Click have a real Patients’ Bill of Rights, Mr. President, I reserve the remain- and Clack, the Tappet brothers, who and Ethan has nowhere to go. He can- der of my time. work at Car Talk Plaza. But I will tell not go to court. He does not have any The PRESIDING OFFICER. The Sen- you something. If this bill passes, they other appeal. The reality is people ator from Oklahoma. are going to give up automobile insur- make mistakes. A 5-year-old boy who Mr. NICKLES. Mr. President, I yield ance and they are going to go into has a lifetime of needed care needs a to the Senator from Arkansas 5 min- suing companies, suing businesses, place to go. utes. suing employers who happen to supply The PRESIDING OFFICER. The time The PRESIDING OFFICER. The Sen- health insurance to their people. They yielded to the Senator has expired. ator from Arkansas. are going to add probably 20 or 30 or 40 Who yields time? Mr. HUTCHINSON. Mr. President, as new attorneys. Mr. KENNEDY. I yield 3 minutes to a member of the Armed Services Com- So Dewey, Cheatum and Howe is the Senator from North Dakota. mittee, I am deeply disappointed that going to just keep on going and going The PRESIDING OFFICER. The Sen- this nongermane amendment is being and expanding, because they will have ator from North Dakota. offered on this very important bill. As received an annuity under this bill— Mr. DORGAN. Mr. President, if this a member of the conference committee, not an annuity to sue HMOs, because was a dance contest, I say to the ma- I am very disappointed it has been de- that is not really in contest anymore; jority party: You win. I have never scribed and depicted in the way it has we have already put that on the table. seen a shuffle like this. We are not by the Democrats today. It will be an annuity to sue employers. stalling, they say, and yet this con- I have never seen a group of my col- As a result, not only will there be a ference committee has had more than leagues work as hard as the members heck of a lot of lawyers working at six months to reach an agreement and of this conference committee have for Dewey, Cheatum and Howe; there will there has been no movement. Do not the last few months. Over 400 hours be a lot more people in this country take it from me, take it from Dr. NOR- have been logged by staff and members who don’t have insurance, and then we WOOD, a Republican Congressman from in meetings trying to negotiate very will hear from this administration, the State of Georgia. He says: tough and very difficult issues. These from Vice President Gore: My good- It is impossible to take this conference are tough issues, and there are big dif- ness, look at all the uninsured—who process seriously. ferences between the House and the were created by this bill we just That is from a Republican. Senate. There has been enormous S4802 CONGRESSIONAL RECORD — SENATE June 8, 2000 movement, and most of the movement ranks of the uninsured. That is going The first was on access to pediatric has been on behalf of Republican Sen- to be the intended or unintended con- care. That took about 30 seconds to de- ators who have made compromises and sequence of the Kennedy bill if it is cide. The next issue was provider non- concessions to move this bill forward. adopted. discrimination. That was identical in There has been no stall. One does not The plain truth is, Democrats want both the House and the Senate bills. stall a bill by spending the kind of time to get rid of employer-sponsored health That is what we have agreed on. That and energy we have seen expended on insurance. Mr. President, 103 million is all we have to show for 400 hours? this bill. Americans receive health care through Four hundred hours, that is what we In reference to the Kennedy amend- their employers, and it will take one have to show for it? ment that has been offered today, we lawsuit with an egregious award to As I said, we are spinning our wheels. spent a week debating this issue. One force employers to drop their health Slowly, over time, I have come to the of the biggest problems I see with the care and add their employees to the reluctant conclusion that our Repub- Kennedy bill is that all of the access ranks of the unemployed. lican Senate colleagues are not serious. provisions have been removed. Even Senate Republicans are dead serious They do not truly want a Patients’ Bill the access provisions we saw in the about producing a bill out of this con- of Rights. But I believe it is critical Dingell-Norwood bill have been re- ference and one that puts patients that we pass meaningful, bipartisan moved. There are none of the means by first, not trial lawyers first. legislation this year. They did it in the which more people can get insurance. The Kennedy amendment is in bad House, and they showed it can be done The only access left in this bill is ac- faith. The question is, Do you want an in a bipartisan fashion. cess to the lawyer, and there is plenty issue or do you want a law? We can Mr. President, 160 million of our fam- of access to the lawyer and plenty of produce a bill that can become law and ily members, friends, neighbors, and access to lawsuits. That is the real pur- protect millions of Americans, but this children are paying good money for pose of why we have seen this brought is too important to do it quickly in- health care with no guarantee of prop- forward, to provide a whole new realm stead of doing it right. We want to do er and appropriate treatment. We all of litigation for trial lawyers. it right. I reserve the remainder of our know too many stories about patients I want to give one particular exam- time. who cannot see their doctor in a timely The PRESIDING OFFICER. Who ple, a company in my State. I do not manner, who cannot get access to the yields time? mention it particularly because it is Mr. KENNEDY. Mr. President, I yield specialists they need, patients who from my State, but it happens to be 5 minutes to the Senator from Iowa. could not get the coverage for the type the largest employer in America, and The PRESIDING OFFICER. The Sen- of care they thought was covered under that is the Wal-Mart Corporation. It ator from Iowa is recognized. their plan. sounds good: Let’s sue Wal-Mart, big, Mr. HARKIN. Mr. President, it is It is very simple: Insurance either bad Wal-Mart; let’s sue corporations. with mixed feelings that I stand in sup- fulfills its promises or it doesn’t. We Let’s put it in practical terms. They port of this amendment. I am a mem- are hearing enough to know in too have 900,000 employees in the United ber of the conference committee on the many cases it does not. Employers and States. Forty percent of them chose Patients’ Bill of Rights. When we patients pay good money for health voluntarily to go under the Wal-Mart began the conference, I had high and care coverage, only to find that the ex- health plan. There are about 10 percent great hopes for this because my col- pected coverage evaporates at the time in HMOs and many are insured by their leagues on the Republican side told us they need it. spouses who are employed in other how committed they were to meaning- So we have a choice to make here, a places. ful HMO reform. Let us look at the his- choice between real or illusory protec- Those 40 percent represent 700,000 tory and the record. tions, a choice between ensuring care Americans in this one company who re- This passed the Senate almost a year for millions of Americans or ensuring ceive their health care through Wal- ago, in July of 1999. It passed the House the profit margins of the managed care Mart. The 10 percent who are in HMOs in October. The first meeting we had industry. pay three to four times more in pre- was on March 2 of this year, and we The Norwood-Dingell bill, the amend- miums. It costs three to four times conducted no business. Then there was ment before us, passed on a bipartisan more than those who are under the another meeting on March 9 that vote in the House. It is commonsense Wal-Mart plan. lasted a little while. Not much was patient protections by which the man- Recently, they surveyed all the em- done. Then we had two more reduced aged care plans must abide. Over 300 ployees in the Wal-Mart plan. Ninety- meetings, not of the entire conference organizations representing patients, five percent expressed satisfaction, but but just a few members of the con- consumers, doctors, nurses, women, more significant, not one of them men- ference behind closed doors in Senator children, people with disabilities, and tioned they wished they had a right to NICKLES’ office off the floor. There small businesses support the Norwood- sue their employer. Not one of them. were four meetings. We have heard Dingell bill. I want to read what they said in a about 400 hours and all this hard work. Unfortunately, I cannot help but letter. We met with them off the floor Four meetings? That is tough work. think that if Members of Congress— a few moments ago. This is what they Maybe they have been talking with Senators sitting right here in this said in a letter: each other for 400 hours. I do not know. room today—were in the same health Our concern is that unavoidable litigation It reminds me of a story about a car care boat as the average American costs will increase health care costs and in stuck in a snowbank. The guy spends 10 family, this bill not only would have turn increase health care premiums. hours in the car spinning the wheels been made law, it would have been There is no doubt about that. going nowhere. Someone shows up and made law years ago. Depending upon cost, we will be forced to he says: I spent 10 hours trying to get We have all the protections that are increase health insurance premiums, reduce my car out of the snowbank. He is sit- in the Patients’ Bill of Rights. It is benefits, or shift associates in health main- ting there gunning the gas pedal, spin- good enough for us, but it is not good tenance organizations. ning the wheels, and going nowhere. If enough for the American people, ac- They are going to take care of their he had just gotten out of the car with cording to my friends on the other side associates. Frankly, they said most are a shovel, he would have been out of of the aisle. going to be forced into HMOs that cost there. The Senate majority pretends their three to four times more than the Wal- That is what this conference com- bill offers real protections. But when Mart health plan. If it costs three to mittee is doing; it is spinning its you read everything below the title, four times more, literally hundreds of wheels. Since we started meeting, we the bill offered by the Senate Repub- thousands of employees in this one finalized agreement on two provi- licans sounds more like an ‘‘Insurers’ company alone will be faced with mak- sions—out of 22 in disagreement, 2 pro- Bill of Rights’’ than a Patients’ Bill of ing the decision they cannot pay the visions. Rights. premiums or a portion of their pre- These were noncontroversial provi- It is my hope that this amendment miums and will be pushed into the sions to which both sides easily agreed. will spur our colleagues on the other June 8, 2000 CONGRESSIONAL RECORD — SENATE S4803 side of the aisle to renew their commit- bicameral bill. But, frankly, I do not pital on the other side of Atlanta, an ment to this conference committee and think the efforts that have been made area she didn’t know anything about, to do it in a bipartisan fashion. Spin- today are helpful to the process. I the child became so ill that the father ning your wheels for 400 hours is not think it undermines the process. just saw a sign that said ‘‘hospital,’’ getting the job done. Again, I tell my colleagues, I cannot went there, and they treated the child. The PRESIDING OFFICER. The Sen- think of any other instance where you They saved the child’s life. However, ator’s time has expired. have had an ongoing conference where they could not save the child’s hands The Senator from Oklahoma. people said, oh, let’s just adopt the or his feet. They had to be amputated. Mr. NICKLES. Mr. President, I would House bill, even though we made sig- That is what HMOs have done in too like to inform my colleague, he is in- nificant concessions. We worked and many cases in this country. correct. He said, if we gave every other we have negotiated. They say, oh, let’s We have the power to stop the prac- employee what the Federal employees just pull out and adopt the House bill. tices. We have the power to do it today. have. Federal employees cannot sue That is a real slap on the Senate, not We should do it today, on behalf of not their employer. Federal employees just the Republicans in the Senate, but just James Adams but so many chil- don’t have a right to appeal. Federal that is a real slap on the entire Senate. dren throughout this country. employees, if they appeal, they appeal It is going to be interesting to see The fact that we have delayed action to the OMB, their employer. Federal how committee chairmen vote. Two on this issue, I think, is inexcusable. employees, including Senators, do not people can play this game. Maybe there Now we have to act. In a way, this have the right to sue. You cannot sue. will be a conference in the future where whole episode is like a popular film a To say, if we just give everybody else it is said: Oh, let’s just adopt the House few years ago called ‘‘Ground Hog what we have, is factually incorrect. bill. We like it better. I think that un- Day,’’ where every day the character When my colleague said we have had dermines the whole nature, frankly, of woke up, and it was the same day over all these meetings and we only agreed the legislative process. and over again. It is not only the same to two things, one of the reasons people I again urge my colleagues to vote to day this year but, as I look at some of say the conference did not go anywhere table the Kennedy amendment. the charts on the Senate floor, it seems is that our Democratic colleagues Mr. KENNEDY. Mr. President, I yield to be the same day 6 years ago. The never say yes—even if we give them a 3 minutes to the Senator from Rhode same arguments were trotted out yes. We have not quite got around to Island. about health care reform 6 years ago, agreeing. The PRESIDING OFFICER. The Sen- as were the same dire predictions about But, frankly, in conference, I might ator from Rhode Island is recognized. more and more Americans losing their say, we agreed to access to emergency Mr. REED. Mr. President, I rise to coverage if we pass this legislation. room care, direct access to pediatri- join my colleagues in supporting this We didn’t pass health care reform cians, provider nondiscrimination, di- important amendment. For months we legislation years ago. Guess what. rect access to specialists, continued have been bogged down in a conference More and more Americans have lost care from a physician. We have agreed without real progress, and without their insurance coverage. We can do almost entirely—maybe not to the last hope of concluding the conference and something now—limited, purposeful, dotting of the ‘‘i’’ or crossing of the bringing this bill to the floor for a final appropriate—make sure that HMOs ‘‘t’’—to the appeals process, to an inde- vote in the last days of this Congress. treat people as patients, not as objects pendent physician, which is really the I think we have to move forward. I of economic profit on their balance whole crux of the bill, the most impor- think we have to move forward, par- sheet. We can do it. We should do it. tant thing. ticularly when it comes to access to Today should not be Groundhog Day. Why did that take so long? Because health care for children in this coun- It should be D-Day. We should seize the we negotiated it. We negotiated with try. I know there has been some discus- initiative and pass this legislation. the Senator from Massachusetts. We sion that progress has been made in The PRESIDING OFFICER. Who negotiated with Congressman DINGELL. terms of allowing access to a pediatri- yields time? We negotiated with their staffs. We cian. But there are other important as- Mr. NICKLES. I yield 4 minutes to went over every single letter, every pects of health care for children in- the Senator from Utah. single word, every single paragraph. cluded in the context of the Norwood- Mr. HATCH. Mr. President, first, I And then people say: Oh, we have not Dingell bill that have not been agreed want to make it perfectly clear that I agreed to anything. Maybe that is the to yet by the conference committee. strongly support reforming the man- reason we don’t have a conference—be- For example, ensuring that an ap- aged care system. I was an original co- cause you won’t agree to anything. peals process is sensitive to the par- sponsor of S. 300, the Patients’ Bill of Who is not agreeable? Who is not ticular needs of children, the develop- Rights Plus Act of 1999 and voted in moving? It is a little bit frustrating, a mental needs of children that do not favor of S. 326, the Patients’ Bill of little bit disingenuous to say: Oh, noth- exist for adults; and also ensuring that Rights which was approved by the Sen- ing is happening. Where did those 400 there are quality assurance provisions ate last July. hours go? I will tell you, there were for outcomes that are tied to the par- The House-Senate conference com- hundreds of hours—and 400 is conserv- ticular concerns of children. mittee is currently working out the ative—time spent by staff and by Sen- If we do not do these things, then we differences between the managed care ators trying to come up with a positive are not only missing an opportunity, bills passed by the House and the Sen- agreement. we are also disregarding our obligation ate. I believe this conference com- Some people do not want one. I think to aid the children of this country. mittee is making significant progress. the very fact that we are here today We have all heard stories today about So, not only is it premature for us to means people do not want one. They lawyers and stories about HMOs. Let vote today on the House-passed man- would rather have theater. They would me tell you a story about one child. It aged care bill in the midst of these ne- rather have an issue. I was planning on is a story I heard down in Atlanta with gotiations. I also do not feel that the having a bipartisan, bicameral con- Senator MAX CLELAND. Lamona Adams, DOD authorization debate is the appro- ference this afternoon—on Thursday, the mother of James Adams, was con- priate time for us to be considering as we have done for the last several cerned about her child. He had a fever. such important health care legislation. Thursdays—to work on these very He was ill. She did what she was told to We are all aware of the public’s frus- issues. do by her HMO; that is, to call up and tration and the need for effective legis- The people say, oh, some people want get advice over the phone about what lation to guarantee that those enrolled to have an issue on the floor, as if they she should do. She desperately pleaded in managed care plans receive quality think that is going to help the for help for her child. health care. Over the years, the Con- progress. It is not going to help the She was told to go 42 miles to a hos- gress has held numerous hearings ex- progress. That is unfortunate. pital because the HMO had a contract posing story after story regarding peo- I am going to continue to try to see with the hospital to receive their pa- ple receiving insufficient medical if we cannot pass a positive, bipartisan, tients. While driving 42 miles to a hos- treatment from their managed care S4804 CONGRESSIONAL RECORD — SENATE June 8, 2000 plans. And let me assure you that these The PRESIDING OFFICER. Thirteen Gyn, these are not groundbreaking stories are deeply troubling to me— minutes. ideas. These ideas are pretty straight- that’s why Congress is addressing this Mr. KENNEDY. I yield 5 minutes to forward. In fact, a third of the Repub- important issue. We are listening to the Senator from Connecticut. licans in the other Chamber thought so our constituents and we are taking ac- Mr. DODD. Mr. President, in another too and voted for the Norwood-Dingell tion. 15 or 20 minutes we are going to be vot- bill. The author of the bill, Dr. NOR- There is one point where all of us ing on this amendment. We have some WOOD, is a Republican. This is not some agree—people deserve to receive the 30 working days, the way I calculate, great partisan battle except here in the best care possible when they are sick. I maybe 40 legislative days remaining in US Senate. Across the country it is not believe that when the conference com- this session of Congress. Probably the a partisan issue. When people get sick mittee has completed its work, this im- only vote we’re going to have on this and families are hurting, they don’t portant goal will become a reality. issue this year will occur in just a few talk about themselves as Democrats or None of us think that someone should minutes. Republicans or conservatives or lib- be turned away from medical treat- I don’t like to count noses at this erals or independents, they talk about ment because his health plan won’t particular juncture, but I suspect, themselves as individuals who need cover it. Our legislation provides pa- based on what I have heard so far, that help. tients the ability to appeal these types my good friends on the Republican side I hope enough of our colleagues on of decisions, quickly, by offering both will probably prevail politically. I say the other side will join with the minor- internal and external appeals proc- to them with great respect and affec- ity here in voting for this, voting for esses. It is my hope that by providing tion that while they may win politi- the very same bill that an over- these options, people will receive qual- cally today, there are an awful lot of whelming majority of Democrats and ity health care, in a timely fashion, people all across the country who will Republicans supported in the House al- when they need it the most. lose. most a year ago. All of us in this chamber know very I have been in Congress 25 years. I Again, I respect my good friend and well there are numerous competing have been in conferences, a lot of them. colleague from Oklahoma for his ef- bills that have been introduced over Every now and then, conferences just forts. It has not been an easy job. It is the years that provide a variety of leg- don’t move. I am not going to engage a complicated bill and it is a complex islative remedies to address this issue. in the debate back and forth about issue. But, we have come to a point, In many respects, these bills have com- whether or not this conference has ac- with the few days left in this session, mon components intertwined with tually resolved some particular issue that if we don’t try to do something similar, and, in some cases, identical or not. Enough has been said about it. about this here, I am convinced noth- provisions. Approximately 47 bills were The fact is that occasionally things ing will happen in this Congress on this introduced in the Senate and the House just don’t move. There are just too issue. Every now and then you begin to last year to provide patient protections many differences of opinion. That’s all read the tea leaves. It is like the stu- to managed care enrollees. there is to it and that is what has hap- dent who didn’t get the homework So it is obvious that we all are con- pened here. done. First the dog ate it. Then some- cerned about this issue—we all want It doesn’t make anyone comfortable how it ended up in the garbage. Then patients to receive the best care pos- to have to deal with this issue on the their computer crashed. After a while, sible. Department of Defense authorization, you have to say maybe the student just However, for Congress to pass respon- but we find ourselves in a situation in isn’t going to get the homework done. sible managed care legislation, we which it is probably the only chance we In a sense, that is what has happened must come together and put forth the are going to have to do something here. best bill for the American people. We about patient protections this year. In the 31⁄2 months since conferees have done this many times before on Despite the way our colleagues have began working on this bill, essentially health care legislation, and there is no portrayed this amendment, the kinds almost nothing has happened. We sim- reason why we cannot do this again. of protections that we want to provide ply have not moved forward. So, with The Senator from Massachusetts is to the American people are not radical 40 days left, we are put in the position trying to preempt this process. He has ideas. This is not about destroying the of asking colleagues to join us in sup- offered an amendment that flies in the insurance industry and enriching trial porting a bill that has already passed face of every effort we have made to lawyers. If it were, I wouldn’t be a part the House, that the President said he achieve that consensus. of it. My colleague knows that as a There can be nothing more to this would sign, that would leave this Con- Senator from Connecticut I represent amendment than its public relations gress with a mark of achievement, even more insurance companies than any value, since it surely will not pass in if we did nothing else in the next 40 other Member except my colleague, the Senate. We have spent hours and days. hours and hours on the Senate floor, in JOE LIEBERMAN. And, I think I would be Can you imagine in future years how conference, and in the back rooms of recognized as someone who has taken this Congress would be recognized if we the Capitol on this legislation. on the trial bar when it was warranted. were to pass a Patients’ Bill of Rights The Senator knows well why the Din- I’ve worked with my friend, PHIL that said all Americans ought to have gell-Norwood approach will not pass. GRAMM, on securities litigation reform. access to basic patient protections, He knows it is likely to cause health We did uniform standards. We did Y2K that doctors ought to be able to make insurance premiums to rise and, as a legislation. I am a cosponsor of tort re- medical decisions for their patients, direct result, cause employers to drop form. I don’t take a back seat to any- that businesses and insurance compa- their health plans. He knows this will one on these issues. nies that make health care decisions lead to higher numbers of uninsured But, I also happen to believe, as ought to be held responsible when they Americans. And, he knows that this is strongly as I feel about the good work make a decision that affects the lives an unacceptable outcome. of many of the insurance companies in of others? There is not a single citizen I remain hopeful that, in the end, we my state, that when they make a med- in this country who, if they make a de- will reach consensus on this bill. I com- ical decision or when a business makes cision that causes harm to another, mend senator NICKLES for his fine work a medical decision, just as when a doc- can avoid the responsibility of paying a and leadership as chairman of the tor makes a medical decision, they price. Why should insurance companies House-Senate conference committee ought to be held accountable. I don’t be exempt? and urge my colleagues to support the think that is a radical idea. Others That is what this bill of ours tries to conferees and let them continue their may think so; I don’t think so. The do, along with ensuring access to clin- work. idea that we should provide basic pro- ical trials, providing access to emer- The PRESIDING OFFICER (Mr. tections to all Americans with private gency care, and ensuring that patients SMITH of Oregon). Who yields time? health insurance, that patients should can receive needed prescription drugs. Mr. KENNEDY. How much time do I have access to emergency care, that These ideas are not radical or extreme. have? women should have access to their Ob- This is what an overwhelming majority June 8, 2000 CONGRESSIONAL RECORD — SENATE S4805 of people in this country would like to That is true progress. A Democratic the patient wants is to get that gate- see us achieve. offer was made to the Republican con- keeper out of the examining room so it In the next 15 minutes we will have a ferees on May 23. That is progress—the is them and their doctor. Senator KEN- chance to do it. I hope some brave fact that the proposal has been made. NEDY says he has the answer. His an- souls on the other side will join us and I should say that very few conces- swer is: Well, keep the gatekeeper but make a record of this Congress, some- sions were made from the original bill. here is how we will fix it. We will bring thing all of us can be proud of for years That is progress, though. A Republican in a lawyer to sue the HMO, the insur- to come. response was given and a Republican ance company, and the employer that I yield back to the distinguished Sen- proposal on June 4. That is progress. bought the insurance. So we have the ator from Massachusetts whatever Again, as has been pointed out, a num- lawyer there and he gets part of the time remains. ber of concessions, trying to pull those stethoscope. And then we bring in a bu- Mr. NICKLES. Mr. President, how two bills together, have been made. reaucrat to regulate it. So Senator much time remains on each side? Again, that is progress. KENNEDY’s answer is, rather than get- The PRESIDING OFFICER. The Sen- The sponsors of the amendment ting the HMO out of the examining ator from Oklahoma has 9 minutes. today again are taking a bill that was room, bring in a lawyer and a bureau- The Senator from Massachusetts has 8 introduced 6 or 7 months ago, debated crat; and here is the poor patient with minutes. on the floor, and they are looking his heart at the end of the stethoscope Mr. NICKLES. I yield to the Senator backward. That bill has been debated and now four people are listening to from Tennessee 3 minutes. and defeated in this body after careful the heart. Mr. FRIST. Mr. President, over the deliberation. We are looking forward Now, what we are trying to do here is last hour and a half, we have been talk- with the progress that we have put out. simple. We are trying to empower the ing about the issue of the Patients’ Bill I urge defeat of the proposed amend- American health care consumer to fire of Rights. It comes down to a question ment so the conference can continue the HMO. We give them the ability to of should we allow the normal course of with the underlying business. have innovative ways of financing events in this body and in the House of The PRESIDING OFFICER. Who health care, such as medical savings Representatives to proceed—the con- yields time? accounts, so if they don’t like the way ference report, which is our challenge. Mr. KENNEDY. Mr. President, as I the HMO is treating them, they don’t It is a challenge because we are taking understand it, we have 7 or 8 minutes go see a lawyer, or a bureaucrat, or a 250-page bill passed in the Senate and left. Usually, the proponents have the they don’t see Senator KENNEDY; they merging it with a 250-page bill passed opportunity to do the final summation. simply call up their HMO and say: You in the House of Representatives on I wonder if my friend and colleague are fired. They go out through a med- issues that will affect the quality of from Oklahoma is willing to do that. ical savings account, and they have care of millions of people. Our chal- I suggest the absence of a quorum their credit card or their checking ac- lenge is to allow that process to con- and ask unanimous consent that the count through their medical savings tinue. time not be charged to either side. account, and they pick up the phone How much progress has been made? The PRESIDING OFFICER. Without and they don’t say: Are you a member Clearly, from the other side of the objection, it is so ordered. of our HMO? My baby is sick and needs aisle, an attempt has been made over The clerk will call the roll. care. Will you see him? They simply the last hour and a half to say that The assistant legislative clerk pro- say: Will you take a check? ‘‘Do you progress is not being made, that there ceeded to call the roll. take MasterCard or Visa?’’ If they do, is a stalemate, that we won’t see a bill. Mr. NICKLES. Mr. President, I ask they are in. unanimous consent that the order for In 1 minute, let me review what has In reality, that is what this debate is the quorum call be rescinded. happened. about. Do you believe in bureaucrats, The PRESIDING OFFICER. Without On July 15, the Senate passed a bill. or do you believe in freedom? The amendment being proposed today objection, it is so ordered. Senator KENNEDY, in all his heart, is looking backward because that is the Mr. NICKLES. Mr. President, I yield believes—and he is sincere, and I ad- very bill we defeated last year on this 3 minutes to the Senator from Texas. mire him for it—that having a lawyer floor for very good reasons, and it will Mr. GRAMM. Mr. President, this has there and having a bureaucrat in there be defeated again today. On October 6, been a long debate and, I think, a good improves the system. the House of Representatives passed a debate. It has proven once again that He supported a health care bill where Patients’ Bill of Rights which included this is an election year. I am not going if a doctor provided you health care some very important access provisions. to insult everybody’s intelligence by that an advisory panel appointed by Conferees were named and we have ad- telling them that I am shocked that the Government didn’t support, they dressed it as conferees, and we essen- Senator KENNEDY is engaged in par- could be fined $50,000. He supported the tially have agreement on many of the tisan politics this afternoon. This is an Clinton bill where if your baby is sick issues we have talked about. That is election year. We are politicians. This and the Government said this child progress. is a political act to basically try to doesn’t need treatment, and you said Access to emergency care: If you are win, again, what Senator KENNEDY lost injured, you can go to the closest emer- when we had the debate on the floor of to the doctor, treat my child and I will gency room. the Senate. pay for it, if the doctor took the money Direct access to a pediatrician: If you Senator NICKLES won. We are in con- he could be sent to prison for 15 years. have children, they have a right to ference trying to work out an agree- That is what their alternative was. have access to somebody who special- ment, and Senator KENNEDY doesn’t What we want to do is give people izes in that care. That has been agreed like the way the agreement is going; he freedom. One of the freedoms under our to. That is progress. is unhappy about it. But rather than bill is to say to your HMO: You are Direct access to specialists: An exam- get into all this ‘‘who shot John,’’ I fired. ple was given about a pediatric cardi- have tried to come up with a simple ex- If you think having a lawyer and a ologist, or a cardiac surgeon. You will ample for somebody back home who is bureaucrat is good, then you are for have access to those specialists. That trying to figure out what this is all Senator KENNEDY. But if you believe in has been agreed to. about, and let me try to give it to you freedom and what is right for you and Continued care from a physician: In as succinctly as I can. your family, what we are trying to do the event there is a pregnancy and Somebody goes into the treatment is the right way to go. there is a loss of your insurance plan, room and the doctor comes in there The PRESIDING OFFICER. The Sen- you can continue with that physician and they have their stethoscope and ator from Massachusetts. through your pregnancy, or with a ter- they tell him to take off his shirt. In Mr. KENNEDY. Mr. President, my minal illness. comes somebody else. They say: Well, good friend from Texas—he is my good Direct access to obstetricians and who is that in this room? And that is friend—talks about freedom. He has gynecologists. the gatekeeper for the HMO. Now, what put his finger on an issue. He wants to S4806 CONGRESSIONAL RECORD — SENATE June 8, 2000 give freedom to the HMOs and not pro- kind of protections you are not pre- crats will change their obstructionist vide the important services to patients. pared to give the American people. We strategy so that the Patients’ Bill of That is his kind of freedom. stand to protect the consumers, pro- Rights can become a reality, this year. I always enjoy listening to the Sen- tect the patients, protect the children, In the meantime, I am voting against ator from Texas. I remember listening protect the women, and protect the dis- Senator KENNEDY’s attempt to short- to him in 1993 when we had President abled in this country. That is what this circuit our legislative process. Clinton’s economic program. The Sen- is about. Mr. MCCAIN. Mr. President, the na- ator from Texas, I remember—someone In the movie ‘‘As Good As It Gets’’ tion has been patiently waiting for far can correct me—said: If we pass Presi- last year, that wonderful picture for too long for Congress to pass a Pa- dent Clinton’s economic bill, we are which Helen Hunt won the Oscar, there tients’ Bill of Rights that will grant going to have unemployment all was a wonderful scene that everyone American families enrolled in health around the nation, all around the na- remembers. Helen Hunt starred as a maintenance organizations (HMOs) the tion. If we pass President Clinton’s bill, mother whose child was not being pro- health care protections they deserve, we are going to have interest rates vided needed care by her HMO. And including the right to remedy insur- right up through the top of the roof. every parent across this Nation ance disputes through the courts if all We heard that speech. PHIL GRAMM laughed as they commiserated and said other means are exhausted. was wrong then, and he is wrong to- that is the way it is. For far too long, achievement of this night. The consumers of America under- vital reform has been frustrated by spe- This issue is very basic and funda- stand what is going on here. The ques- cial interest gridlock, principally the mental. It is an important one. This tion is whether the Senate of the trial lawyers who insist on the ability bill should have passed and become law United States is going to understand. to sue everyone for everything, and the in the last Congress. The first HMO bill We have an opportunity to do some- insurance companies who simply want to make sure that patients’ rights were thing about it. I hope the Senate will to protect their bottom line, even at going to be protected was in 1997. It vote for the Daschle amendment. the expense of fairness. Both sides hope took us 2 years to get this legislation I withhold the remainder of my time. to continue affecting their agenda with out of our committee. It took months Mr. GRASSLEY. Mr. President, I op- the ‘‘soft money’’ contributions they hand over to the political parties, of delay to get it before the Senate. It pose Senator KENNEDY’s amendment. while neither represents the hopes, ex- was passed almost a year ago. We still Introducing this amendment at this pectations and best interests of the have not been able to have an agree- time is a clear statement that Demo- cratic leaders want an election issue, American people. ment that will protect patients. Today’s debate is further evidence of That is what is at issue, when you not a Patients’ Bill of Rights. It is a how politicized this issue has become. come right down to it. As much as PHIL cynical ploy, made in bad faith, and they ought to be ashamed of them- Once again this debate is being gov- GRAMM might like to say it, it isn’t erned by special interests and partisan just Senator KENNEDY saying it. It is selves. The Senate voted on this bill last politics. This is no longer a debate the fact that 300 organizations—rep- about how we can work together in the resenting the doctors and nurses in year, after full debate, and rejected it in favor of a better product. Since that best interest of the American people. this country and every other health Nor is this a debate about providing af- time, the conferees have been working and medical group—support our posi- fordable access to quality health care on a compromise. In the past week, Re- tion today. Two Republican leaders on for all Americans. this issue in the House of Representa- publican negotiators made an offer Instead it is a contest—a contest be- tives stood before their constituency with major new concessions. Was this tween the political parties and special earlier today and said that they be- greeted with a Democrat counteroffer interests. This is a contest between the lieved we ought to take this action this that moved toward the middle? No, it’s interests of trial lawyers versus the in- afternoon. answered with this attempt to blow up terests of insurance companies. This is I ask my friends from Oklahoma and those negotiations. If my colleagues a contest that no one not Republicans, Texas: What particular rights don’t don’t want to legislate, if they just not Democrats, certainly not the you want to provide to the American want to create election issues, they American people wins, except, of people who are included in our Pa- don’t deserve to be here. course, the special interests who are tients’ Bill of Rights? Let me be specific. Republican nego- only concerned about their financial What about the ability to hold plans tiators have made an offer to their well-being, rather than the physical or accountable? Is that unacceptable? Democrat counterparts that would financial well-being of every American. What about making sure that chil- allow lawsuits to be brought if a health It is a shame that this body is so con- dren get specialists? Is that unaccept- plan has rejected the decision of an trolled by special interests that we able? independent reviewer and the enrollee cannot even put the health of the What about having clinical trials? Is has fully utilized the plan’s appeal American people ahead of politics. that unacceptable? mechanism. Full economic damages Under today’s medical system too What about guaranteeing women ac- could be sought, and punitive damages many Americans feel powerless when cess to an OB/GYN? Is that unaccept- would be available, subject to limits. faced with a health care crisis in their able? Employers, however, would be ex- personal life. Many feel as if impor- What about having the right to get pressly protected from lawsuits, ad- tant, life-altering decisions are being prescription drugs? Is that unaccept- dressing a key concern of those who micro-managed by business people able? provide coverage to workers. These are rather than medical professionals, and What about prohibiting gag rules? Is major, major concessions. That’s obvi- too many Americans believe they have that unacceptable? ous. no access to quality care or cannot re- What about independent external ap- In my view, this offer reasonably bal- ceive the necessary medical treatment peals? Is that unacceptable? ances the need for fairness to con- recommended by their personal physi- When you cut through the rhetoric— sumers who are wronged with the need cian. and we welcome the opportunity to cut to keep health insurance costs low so Many Americans work hard and live through the rhetoric—you tell us that that employers continue to offer cov- on strict budgets so they can afford you are going to vote against this this erage. But it was dismissed without health insurance coverage for their afternoon. You spell out for us those even a serious response by the other family. Then, the moment they need agreements made in conference. We side. If no agreement is reached this health care, they are confronted with challenge you to lay out on the floor of year, let everyone understand who will obstacles limiting which services are the Senate this afternoon these various be to blame. It is the Democrats who available to them: confronted by frus- agreements that were made. The last have decided that they’re better off trating bureaucratic hoops; and con- agreement that was made was in March with no bill than with a bill. fronted by health plans that provide of this year. That was the last one in After this stunt fails, I hope that the little, if any, opportunity for patients open session. We want to know what President and Congressional Demo- to redress grievances. June 8, 2000 CONGRESSIONAL RECORD — SENATE S4807 While I appreciate the important In addition, I do not support extend- Mr. KENNEDY. I am prepared to contributions of managed care, we ing U.S. Customs Service user fees to yield whatever time is going to be must protect the rights of patients in pay for this proposal. Before agreeing yielded. I am prepared to yield. If Sen- our nation’s health care system. Too to this amendment I was assured that ators reserve some time to speak, I will many Americans feel trapped in a sys- the extension of the user fees was reserve time. tem which does not put their health merely a tactical move to help prevent Mr. NICKLES. Mr. President, how care needs first. They believe that this amendment from being defeated much time remains? HMOs value a paper dollar more than by partisan parliamentary procedures. The PRESIDING OFFICER. The Sen- they do a human life. It is time for us I have been assured that if this amend- ator has approximately 1 minute. to finally help these fine Americans ment were to pass that an alternate Mr. NICKLES. Mr. President, I thank and begin working together to get safe, means of paying for it—one that does Senators FRIST, GRAMM, HUTCHINSON, quality health care for Americans. not undermine Customs operations or ENZI, GREGG, and JEFFORDS for serving As my colleagues know, last summer constrain international commerce— on this conference committee, and also I reluctantly voted for the Senate would be incorporated. It is important Senator COLLINS who worked with us version of the Patients Bill of Rights. that US Customs continue having ade- on the task force. I also very much ap- At that time I made it known that my quate funding for conducting their pro- preciate the work they have done vote for passage was contingent on a grams including implementing a new today on the floor. strong conference agreement with a automation system for reducing back- If we don’t table the Kennedy amend- higher standard for protecting the logs at ports of entry to help facilitate ment, there will be millions of people needs of patients than those contained the dramatic expansion of commerce who will be without health insurance. in the Senate bill. I supported the Sen- that has helped fuel our strong econ- That is because it will dramatically in- ate bill because it was important to omy. Let me reiterate in no way does crease the price of health care. There move forward and send legislation for my vote for strong patient protections are results from actions. If we act to strengthening in conference with the in any way provide an endorsement for open up all health care plans and all House. It was my strong hope that the extending user fees and placing a fur- employers to unlimited liability with House would pass stronger, more rea- ther burden on businesses and our sonable health care reform similar to economy. punitive damages and class action law- the Norwood/Dingell legislation that It is my strong hope that today’s suits, we are going to have a lot of peo- honestly puts the needs of patients vote will provide the impetus for the ple dropping health care plans. first. Then we could work together for conference to finally work together on Those are just the facts. a practical and fair compromise during finding a viable and real solution for The GAO says there is going to be a conference. providing Americans with the health 4, 5, or 6-percent increase on top of the Mr. President, I am voting today in care protections they deserve. 10 or 12 percent that is already occur- support of the proposed Norwood/Din- The PRESIDING OFFICER. The Sen- ring. A lot of people can’t afford it. gell amendment before the Senate be- ator from Oklahoma. They will drop their health care—plus cause I share the frustration of mil- Mr. NICKLES. Mr. President, I yield the fact that the Norwood-Dingell bill, lions of Americans who are waiting for to the Senator from Texas 30 seconds. and the Kennedy bill they are trying to the conference to begin making sub- Mr. GRAMM. Mr. President, in 1992 pass right now, have unlimited puni- stantial efforts towards reaching a via- and 1993, when Senator KENNEDY and tive damages. ble agreement providing patient pro- the Democrats were trying to raise I have letters from Ford, Wal-Mart, tections. This conference has had more taxes, which, unfortunately, they suc- from IBM, big companies with some of than four months to work on reaching ceeded in doing, and when they were the best health care plans in America, an agreement and yet they are not trying to have the Government take saying they will cut benefits or reduce even close to finding a solution. And I over the health care system, which, the benefits to individuals, maybe even am concerned that once again, partisan thank God, they failed to do, I said drop coverage, if we pass that bill. We politics and special interests are block- people would lose their jobs if they shouldn’t do it. We shouldn’t do things ing us from enacting meaningful health were successful. And they did. Demo- that will cause harm. We should not care reform for our constituents. crats lost their jobs. Not one Repub- pass legislation that will increase It is time for all of us to finally put lican was defeated as an incumbent in costs. We should not pass legislation aside partisanship and the influence of 1994. We won nine seats in the Senate. that will increase the number of unin- special interests to work together for And we are in the majority. sured by 2, 3, or 4 million. That will be Some people did lose their jobs, be- what is needed and wanted by our con- a serious mistake. cause Americans did not want the Gov- stituents-safe, quality, affordable We should give the legislative proc- ernment to take over and run the health care. This is too important an ess a chance to work. It is not working health care system. I say to Senator issue to allow the influence of special by saying we will pass the House bill. interests to prevent us from doing KENNEDY that, as sad as I know it makes him, they still don’t, and they I move to table the Kennedy-Daschle what is right for all Americans. amendment, and I ask for the yeas and While I am supporting this amend- never will. Mr. KENNEDY. Mr. President, could nays. ment I would like to make clear that I I ask the Senator a question on my The PRESIDING OFFICER. Is there a believe that there is still work that time? sufficient second? must be done in conference before it is Does that stethoscope show any beat- There is a sufficient second. enacted into law. I support the inten- ing hearts over there on that side of The question is on agreeing to the tions of the Norwood/Dingell bill but the aisle? motion to table the amendment No. there are areas that need to be Mr. GRAMM. Mr. President, if I 3273. strengthened and improved before it might respond on Senator KENNEDY’s The clerk will call the roll. becomes law, including the liability time, talking slowly as I do, this steth- The assistant legislative clerk called provisions. Real patient protection oscope picks up a strong heartbeat that the roll. must permit individuals to resolve in- believes in freedom, and that believes Mr. REID. I announce that the Sen- surance disputes through the courts in the right of consumers—even health ator from North Dakota (Mr. CONRAD) but it must also place common sense care consumers—to fire an HMO rather is necessarily absent. limits on excessive non-economic dam- than call in a lawyer or a bureaucrat. The result was announced—yeas 51, age awards and ban punitive judge- That is what we call freedom. That is nays 48, as follows: ments that make health care more what we are for. [Rollcall Vote No. 121 Leg.] costly. This must be structured in a We disagree, and that is what makes YEAS—51 manner that does not encourage frivo- democracy work. lous law suits, unnecessarily make Mr. KENNEDY. I thank the Senator. Abraham Brownback Collins Allard Bunning Coverdell health insurance more costly or make Mr. NICKLES. I ask the Senator: Did Ashcroft Burns Craig employers vulnerable for health care he conclude his remarks? I am getting Bennett Campbell Crapo decisions they are not making. ready to move to table. Bond Cochran DeWine S4808 CONGRESSIONAL RECORD — SENATE June 8, 2000 Domenici Hutchison Santorum Senators, including the chairman of both sides of the aisle of this body has Enzi Inhofe Sessions Frist Jeffords Shelby the Finance Committee and others, said they are for full disclosure. Now Gorton Kyl Smith (NH) that would achieve this goal and, in we are going to find out whether we are Gramm Lott Smith (OR) fact, would be a broader bill in its ap- for disclosure or we will continue to Grams Lugar Snowe plication. allow the corruption of American poli- Grassley Mack Stevens Gregg McConnell Thomas As this is drawn, I understand it tics. Hagel Murkowski Thompson would not apply to a number of groups, I yield the remainder of my time. Hatch Nickles Thurmond including the trial lawyers, Sierra The PRESIDING OFFICER. The Sen- Helms Roberts Voinovich Club, and others. We ought to make ator from Virginia. Hutchinson Roth Warner sure it is broad and applies to every- Mr. WARNER. Mr. President, I wish NAYS—48 body. We ought to have full disclosure, to make a constitutional point of Akaka Feingold Lieberman and do it so it is not a technical prob- order. Baucus Feinstein Lincoln I raise a point of order that the pend- Bayh Fitzgerald McCain lem on a bill such as the Defense au- Biden Graham Mikulski thorization bill. ing MCCAIN amendment violates the Bingaman Harkin Moynihan I urge my colleagues to think about U.S. Constitution in that it is clearly a Boxer Hollings Murray this very carefully and support the revenue-raising measure that is initi- Breaux Inouye Reed ating in the Senate, not the House of Bryan Johnson Reid Warner point of order that will be Byrd Kennedy Robb made with regard to the blue-slip prob- Representatives, as provided for in our Chafee, L. Kerrey Rockefeller lem. I yield the floor. Constitution. Cleland Kerry Sarbanes The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Daschle Kohl Schumer Dodd Landrieu Specter ator from Arizona is recognized for 2 question before the Senate is, Is the Dorgan Lautenberg Torricelli minutes. point of order well taken? Durbin Leahy Wellstone Mr. McCAIN. Mr. President, the Sen- Mr. WARNER. Mr. President, I ask Edwards Levin Wyden ator from Wisconsin has 1 minute. for the yeas and nays. NOT VOTING—1 Mr. FEINGOLD. Mr. President, very The PRESIDING OFFICER. Is there a Conrad simply, this is a vote on campaign fi- sufficient second? There is a sufficient second. The motion was agreed to. nance reform. The question is whether The clerk will call the roll. Mr. NICKLES. Mr. President, I move this body will take the opportunity, of- fered by this amendment, to shine The legislative clerk called the roll. to reconsider the vote. Mr. REID. I announce that the Sen- Mr. COVERDELL. I move to lay that some sunlight on the secret money ator from North Dakota (Mr. CONRAD) motion on the table. that these 527 organizations are pour- is necessarily absent. The motion to lay on the table was ing into our elections. The PRESIDING OFFICER. Are there agreed to. Here it is on this chart, in black and any other Senators in the Chamber de- The PRESIDING OFFICER. The ma- white, from the web site of one of these siring to vote? jority leader. groups. The contributions can be given The result was announced—yeas 42, Mr. LOTT. Mr. President, I ask unan- in unlimited amounts. They can be nays 57, as follows: imous consent that there be 4 minutes from any source. And they are not po- of debate equally divided prior to the litical contributions and are not a mat- [Rollcall Vote No. 122 Leg.] second vote in the series. ter of public record. YEAS—42 The PRESIDING OFFICER. Without All this amendment does is make it a Allard Frist Moynihan objection, it is so ordered. Ashcroft Gorton Murkowski matter of public record. The American Bennett Gramm Nickles AMENDMENT NO. 3214 people have a right to demand this in- Bond Grams Roberts Mr. LOTT. Mr. President, I call to formation from any organization that Brownback Grassley Roth my colleagues’ attention the fact that is given tax exemption. Bunning Gregg Santorum Campbell Hatch Sessions the McCain amendment will be a killer The blue-slip argument is a figleaf. It Cochran Helms Shelby amendment to this Defense authoriza- is an excuse made up for those who op- Coverdell Hutchinson Smith (NH) tion bill. It will be blue-slipped. I have pose reform but have said they support Craig Inhofe Stevens Crapo Kyl Thomas discussed this with Chairman Archer. disclosure. Domenici Lott Thurmond He assured me, after reviewing the way I urge my colleagues to vote against Enzi Mack Voinovich the amendment is written, that he will the point of order and for the amend- Fitzgerald McConnell Warner have no choice but to blue-slip it. I also ment. NAYS—57 discussed it with Senator MOYNIHAN The PRESIDING OFFICER. The Sen- Abraham Edwards Lieberman from New York. He has concerns about ator from Arizona. Akaka Feingold Lincoln the constitutionality of this revenue Mr. McCAIN. Mr. President, just to Baucus Feinstein Lugar amendment being added to the Defense repeat, this amendment would mandate Bayh Graham McCain Biden Hagel Mikulski authorization bill. disclosure of all contributors to, and Bingaman Harkin Murray I want to make that perfectly clear expenditures by, 527 organizations—a Boxer Hollings Reed and add to that, this compounds our new phenomenon in American politics, Breaux Hutchison Reid with unlimited amounts of money from Bryan Inouye Robb problem. We are dealing with a very Burns Jeffords Rockefeller important bill, the Defense authoriza- any source. China, the Mafia, and drug Byrd Johnson Sarbanes tion bill. We are talking about national dealers can be part of our political Chafee, L. Kennedy Schumer security. We need to find a way to campaigns, and we will never know Cleland Kerrey Smith (OR) Collins Kerry Snowe come to a conclusion. We have 11 ap- who they are. Daschle Kohl Specter propriations bills remaining, and we It affects both parties and all DeWine Landrieu Thompson have to find time to act on the China ideologies. For the benefit of my Dodd Lautenberg Torricelli friends on this side of the aisle, it was Dorgan Leahy Wellstone PNTR and other issues. Durbin Levin Wyden If we continue to work in good faith the Sierra Club that first began the 527 trying to find a way to get votes on new gimmick example of corruption in NOT VOTING—1 amendments and complete the Defense American politics. Conrad authorization bill and then we face, on It will not harm the defense bill. If The PRESIDING OFFICER. The top of everything else, a blue-slip prob- the defense bill is blue-slipped, I will be point of order is not well taken. lem in the House, we have done our- the first to say that bill, when it comes The PRESIDING OFFICER. The selves damage. back, should have no amendments on question is on agreeing to the amend- I think full disclosure is the way to it, and I would work as hard as I can to ment. go. I have been quoted to that effect. I get it done. The amendment (No. 3214) was agreed still think that is the way to go. There Please, do not believe that the de- to. is a bill that has been drafted, I under- fense bill would be harmed or blue- Mr. DASCHLE. Mr. President, I move stand after talking with a number of slipped. The fact is, every Member on to reconsider the vote. June 8, 2000 CONGRESSIONAL RECORD — SENATE S4809 Mr. LEVIN. I move to lay that mo- Mr. President, although people make BREAUX, have worked to see the addi- tion on the table. our military the best in the world, our tion of $86.1 million in the Air Force’s The motion to lay on the table was troops must have the superior equip- Research and Development account for agreed to. ment to ensure continued success in the extended range conventional air- Mr. LOTT. Mr. President, before I every conflict. We must not send our launched cruise missile program. The move to proceed to the DOD appropria- sons and daughters into war without Armed Services Committee has gra- tions bill, let me say that we have a the right tools for victory. To this end, ciously agreed with us and authorized problem now with this amendment, the I would like to thank Senator WARNER this amount in the Defense Authoriza- way the language is written, in terms specifically for his support of a very tion Act—and I thank the Committee, of a blue slip, if and when it gets to the important project—the extended-range and particularly Senator WARNER, for House of Representatives. conventional air-launched cruise mis- their assistance. I have discussed this with Senator sile project (CALCM-ER). In addition In the upcoming Defense Appropria- DASCHLE and Senator MCCAIN and oth- to Senator WARNER, I would also like tions bill, Senator STEVENS has been ers who are concerned about the under- to thank Senator BOND, Senator particularly understanding of the Air lying Defense authorization bill and CONRAD, Senator LANDRIEU, and Sen- Force’s need of the Extended Range those who are concerned about the dis- ator BREAUX for their work in support Cruise Missile and has worked with me closure amendment. of this important project, in the De- to provide appropriations for this pro- During the period of time that we are fense Authorization Act. gram. I want to offer him a personal going to be working on the DOD appro- The Conventional Air-Launched thanks for his support of this vital pro- priations bill, we will work to see if we Cruise Missile, or CALCM, is a con- gram. I truly appreciate his efforts. can come up with some sort of agree- verted nuclear cruise missile that is However, I have been informed that ment or some sort of procedure that launched from a B–52. This invaluable in order to start the process and see would get this amendment off of the weapon is the Air Force’s only conven- these important weapons are in the Defense authorization bill and onto tional air-launched, long-range, all- hands of our troops, additional funds some other bill—perhaps some revenue weather precision weapon. Fired more will be needed. In order to rectify this bill that we will have before us; per- than 600 nautical miles from its target, problem, I plan on offering an amend- haps even the repeal of the telephone this missile can strike strategic tar- ment to increase the available funds tax that the House has acted on; and gets deep inside enemy territory with- for the Extended Range Cruise Missile also give us an opportunity to work out significant risk to our pilots or program by $23 million so that work with Senator MCCAIN and others to see planes. can begin on the new cruise missile. if we can broaden the application. General Mike Ryan, the Air Force This will bring the total amount to $43 But, for now, we need to go ahead and Chief of Staff, praised the CALCM’s in- million, which is half of the authorized proceed with the DOD appropriations valuable capabilities when he said in a amount and enough to start develop- bill. We will work together to see if we written statement dated February 10, ment on this important missile. can find a way to resolve this issue. 2000 that ‘‘CALCM continues to be the Mr. President, again I want to thank Does the Senator from Arizona have Commander in Chief’s first strike Senator WARNER and Senator STEVENS any comment? weapon of choice during contingency for their continued and tireless service Mr. McCAIN. Mr. President, I thank operations, as demonstrated by its su- to our nation’s defense. the majority leader for pursuing this perb performance during Operations f issue. I would like to broaden it as Desert Fox and Allied Force.’’ well. I think it is a fair agreement. I Due to the weapon’s great perform- UNANIMOUS-CONSENT AGREEMENT would like to try to move forward, ance and subsequent heavy demand, Mr. LOTT. Mr. President, I ask unan- meanwhile, having adopted this the number of CALCMs in the Air imous consent the Senate now turn to amendment, and the President to sign Force inventory dwindled to below 70 H.R. 4576, the House DOD appropria- the bill. last year. Through continued conver- tions bill. I thank the majority leader and the sion of the nuclear cruise missiles, the The PRESIDING OFFICER. Is there Democratic leader. current number is around 200, but the objection? Mr. ASHCROFT. Mr. President, I rise Air Force has concluded that this is Mr. DODD. Will the majority yield? today to speak on behalf of this year’s simply not enough to meet our mili- Is there a pending amendment on the National Defense Authorization Act. tary’s need. And due to the limited DOD authorization bill? Senator WARNER and Senator LEVIN, number of convertible nuclear cruise The PRESIDING OFFICER. There is along with the entire committee, have missiles, the Air Force needed to a pending amendment offered by Sen- my deepest thanks for their tremen- search out additional avenues of cre- ator SMITH. dous work with respect to this coun- ating an extended range cruise missile Mr. LOTT. That is the first-degree try’s national defense. Their hard work with similar capabilities of the amendment that was amended with the and dedication on behalf of our service- CALCM. second-degree amendment. But then I men and women is evident throughout Mr. President, the Air Force has believe after that would be the Dodd the entire Act. Senator WARNER, in identified a suitable solution. In a amendment. particular, has been instrumental in study commissioned in last year’s De- Mr. DODD. I wish it were a Dodd bringing to the floor a bill that pro- fense Authorization bill to deal with amendment. I was curious about Sen- vides our country with the national de- this problem, a commission concluded ator WARNER’s amendment. That is fense it desperately needs and deserves. that, and I quote, ‘‘Of specific interest what I was curious about. To the Committee’s credit, this Act to the Air Force is the need for an ex- Mr. WARNER. Mr. President, I thank continues the trend, begun with last tended range cruise missile in the mid- the Senator. We have that Warner- year’s Authorization Bill, of providing term that would be a modification to Dodd amendment on the Cuban com- a real increase in the authorized level an existing cruise missile in the inven- mission at the desk. Had we remained of defense spending. The Committee tory. This option meets the Air Force’s on this bill, it would be my intention has once again recognized that people two-fold requirement of increasing the to ask that it be the pending issue. are the most important aspect of our inventory of cruise missiles as quickly That is now moot. military and our troops must be treat- as possible and providing an extended The PRESIDING OFFICER. Is there ed accordingly. This Act authorizes, range missile capability to protect our objection to the unanimous consent re- among other things, a well-deserved 3.7 aging bomber force from current and quest? percent pay raise for military per- mid-term threats while long range Mr. DASCHLE. Mr. President, reserv- sonnel, important quality of life provi- cruise missile requirements are stud- ing the right to object, I ask unani- sions, and addresses several important ied.’’ mous consent that we amend it to health care concerns to ensure our ac- In order to see these conclusions be- allow the Warner amendment to be the tive-duty and retired personnel have come a reality, I, together with Sen- next amendment to be considered fol- the medical care they justly deserve. ators BOND, CONRAD, LANDRIEU, and lowing the Smith amendment.